194945• ORIGINAL TO CITY CLERK .:
CITY OF ST. PAUL
OFFICE OF THE CITY CLERK
. FORM
TF
COUNCIL
FILE 494945
RESOLVED, That. the Council of the City of Saint Paul
hereby authorizes the proper City officers to enter into an
agreement between the Minnesota Highway Departrre nt and the
City of Saint Paul, providing for preliminary engineering
required in connection with city utility relocations on
Interstate Highway No. 94 in the vicinity of Aldine and
Farrington, a copy of said agreement being'attached hereto
and made a part hereof by reference as fully and completely
as if the same were set out herein verbatim.
1 m I.
COUNCILMEN
Yeas Nays
DeCourcy
Holland
--- mortinsull
Petarann— Zn or
Rosen
Winkel Against
N41- Vice President (Peterson)
5M 7 -59 ,8
Council File No .194945 -13y Adrian p i
Winkel -
tysof Saint Paulhheeby cauthorizest
the proper City officers to enter into
am agreement between the Minnesota
intway e , rtment and the City of
vPaul, Providing for Urelimino .
Al hway No. 94 sin nthe nvicintit's
Aldine and Farrington, a co
agreement being attached hereto and
made a part hereof by reference as
fully and completely as if the same
were set out herein verbatim.
Adopted by the Council December 9,
1959.
Approved December 9, 1959.
(December 12, 1959)
'DEC 91959
Adopted by the Council 19
DEC 91959
Approved 19
sctin, Mayor
DUPLICATE TO PRINTER
CITY OF ST. PAUL
OFFICE OF THE CITY CLERK
COUNCIL RESOLUTION — GENERAL FORM
PRESENTED BY
COMMISSIONER DATE
COUNCIL -194945
FILE NO•_
RESOLVED* That the Council of the City of Saint Paul
hereby authorizes the proper City officers to enter into an
agreement between the Minnesota Highway Department and the
City of Saint Paul, providing for preliminary engineering
required in connection with city utility relocations on
Interstate Highway No. 94 in the vicinity of Aldine and
Farrington, a copy of said agreement being attached hereto
and made a part hereof by reference as fully and completely
as if the same were set but herein verbatim.
COUNCILMEN
Yeas Nays
DeCourcy
Holland
Rosen
Winkel
Mr. President, -Dillon
h4x. V icc President aleterson)
5M 7-59 qW8
DEC, 91959
Adopted by the Council 19
DEC 91959
Approved 19
In Favor
Mayor ,%
(Q
Against /
ao
TERRANCE S. O'TOOLE
THOMAS J. RYAN
DONALD L. LAIS
RAYMOND L. FLADER
ROBERT E. FARICY
JOHN J. McNE1L
ASSISTANTS
THEODORE J. COLLINS
INVESTIGATOR
CITY OF SAINT PAUL
LEGAL DEPARTMENT
LOUIS P. SHEAHAN
CORPORATION COUNSEL
-QgW2
To the Honorable Council
of.• the City of Saint Paul:
1&)4945
ROBERT E. O'CONNELL
SIECIAL ASSISTANT
December 8, 1959
Please be advised that I am transmitting herewith
a resolution authorizing execution on the part of the City of
an agreement between said City and the Highway Department
pertaining to preliminary engineering required in connection
with city utility relocations at Interstate Highway No. 94
in the vicinity of Aldine and Farrington Streets.
The estimated cost for the aforesaid preliminary
engineering is $3,500, and it is anticipated that the State
will reimburse the City for such amount in accordance with
the terms of the agreement. As in other agreements between
the City and the State wherein the State looks to the federal
government for reimbursement of the major portion of its costs,
there is a qualification in the language of the agreement which
might entail possible liability on the part of*the City. The
qualification to which I refer is this: Under this agreement,
the State agrees to reimburse the City to the full amount of
the City's contemplated expenditure, which, pursuant'to the
provisions of the agreement, is in the amount of $3,500,
providing that such sum is "the amount on which the federal
government bases its reimbursement for relocations under Policy
and Procedure Memorandum No. 30 -411 to the State. Therefore,
should the State receive payment on a basis of less than the
full amount of City expenditures, its payment to the City
may be correspondingly in such lesser amount. The City,
then, would be committed to bear the difference between the
amount paid by the Statd and the total cost of the project
to the City. Subject to the foregoing qualification, to which
I call the Council's attention, I have examined the agreement
in total and have approved the same as to form.
Yours very truly,
Robert E. O'Connell
Special Assistant
REO : b 1
Form 3045
/ DEPT. IDENT,
EST. AM'T. RECEIVABLE
s
MINNESOTA HIGHWAY DEPARTMENT
ITEM ALLOT. QTH. FUND
l )
Agreement, between
The State of Minnesota,
Department of Highways, and
The City of St. Paul.- Minn.
Re: Engineerimff for
City Utility Relocations ors
T.H. No. 94, Aldine St. to Farrington St.
S.P. No.
PRO(RAM
AGRENEW W.
C_2519
MOUNT EN(UMB.
i --
PRELDJ'INARY EN INEERINQ --AGP N
TPLs AGRh11AE T' made and entered into by and between the City of St. Pau -1,
Minnesota acting by and through its City Council, hereinafter called the "City ", and
the State of Minnesota, acting'17 and through its Cotrntissiorier of Highways, here-in-
after called the "State ",
WITNESSETH THAT:
WHEREAS the Bureau of Public Ro,,d when acting in coopem-tion with
the Highway Department of the State of Minnesota is authorized by Act of Congress
J. make Federal Aid Funds available for the purpose of preliminary engineering,
including the locating, making of surveys, and the preparation of plans, sTc-ci.-
fications and estimates in advance of constr»ction operations within the, State of
Minnesota, and,
WHEREAS the State is desirous that the City comp] ete such sul"? s,
Plans, cpecificcations, and estimates for the relocation, of thl- City "; utill -Ly
facilities'located on Trunk Highj.aS No. 94 from Aldi-ie Street. to Farringtor, Street
within the corporate City limits, and the City is willing so to do upon the terms
and conditions hereinafter stated, and
WHEREAS the Commissioner of Highways has determined that relocation
of the utility facilities owned and operated by the City is necessitated by
the construction of the project hereinafter described, and the City has re-
quested to be reimbursed for such relocation, and
MREAS Policy and Procedure Memorandum 30 -49 dated December 31, 1957,
duly issued by the Federal Highway Administrator and made a part hereof by
reference prescribes the extent to which Federal funds may be applied to costs
incurred by or on behalf of utilities in the adjustment of their facilities re-
quired by the construction of lbighway projects under the supervision of a state
highway department.
NOW, THEREFORE, in consideration of the foregoing and the provisions
hereinafter stated, it is agreed as foll(x,-s:
1. That the City will, subsequerilt to the execution of this agreement
and approval of the project by the Bureau of Public Roads, proceed to complete -
the necessary preliminary engineering for the relocation of its facilities on
Minnesota Project 1 094 -3 (8) Z17 in substantial accordance with preliminary
plans prepared by the State for highway construction designated as State Project
No. 6282.
2. That the estimated cost of such preliminary engineering is 00.00.
If it appears to the City at any time subsequent to the date of this agreement
that the actual cost of such preliminary engineering will exceed said estimated
cost, the City will immddiatelp so notify the State in writing thereof, and such
II
notice, after approval by the State and Division Engineer, will have the effect
of amending this agreement so as to include a new estimated cost of such preliminary
engineering.
3. That it is contemplated that the Federal Government will reimburse
the State in the amount of 90 percent of the preliminary engineering costs paid
by the State to the City. The actual costs of such preliminary engineering shall
be determined by the State and shall be paid by the State out of trunk highway
funds, provided, however that the amount to be paid by the State for such pre-
liminary engineering shall not exceed the amount on which the Federal Govern-
ment bases its reimbursement for such costs.
4. That this agreement is made in accordance with and pursuant to
said Policy and Procedure Memorandum 30 -4, dated December 31, 1957, and any supple-
ments and revs; ions thereto, subject, however, to the provisions of applicable
Federal LRws and subject to the provisions of Minnesota Laws of 1959, Chapter 500,
Article II, Section 46, and any other]aws applicable. Said Memorandum, including
any supplements and revisions thereto, is as much a part of this agreement as
though fully set forth herein.
5. It is further agreed, .aaything to the contrary herein notwithAtanding,
that the Commissioner of Highways is acting in his official cap.3city only, and does
not undertake herein any personal liability or obligation bf any kind or nature what-
soever for himself, his agents, servants or employees. t
6. Before this agreement shall become binding and effective, it shall be
approved by resolution of the City Council of said City and shall also receive the
approval of such State officers as the law may provide in addition to the Commissioner
of Highways.
III
r
IN TESTIMONY wMREOF the parties have duly executed this agreement by
their duly authorized officers and caused their respective seals to be hereunto
affixed.
-j4jity
t o
App; as to forms
;.FFt_ orporation ouneiel
DEPARTMENT OF HIGHWAYS
Recommended for Approval:
District ngineer
Utilities-and Agreements Engineer
Approved as to form and execution:
Special Assistant Attorney General
State of Minnesota
STATE OF MEWSOTA)
ss
r,OWFY OF RAMSEY )
CITY OF ST. PAUL
83'
yor
P'
Conr";,ssioner of Public Works
(City Seal)
STATE OF MIMSOTA
L. P. Zimmerman
Commissioner of Highways
By
Road esign Engineer
Date
Date of Agreement
On this day of _ , 1959, before me personally
appeared , to me known to be the
Road Design rigineer, acting for Zisrnnerman, Conunissioner:�of Highways of
the State of Minnesota, and the person described in and who exCco�sionerore-
going instrument in behalf of tht heaexecut d the sameas he free act and
of Highways, and acknowteftdd #ha
coed of the State pf Minnesota.
IV