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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