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187189Origin1 City Clerk ^ !i y PRESENTED BY i ORDIN. NCIE COUNCIL FILE NO Z5 ® t :; • OI INANCE_ .O. -LZ- Council File No. 187189 — Ordinance No.= 11242 —By Adrian P. Winkel — An ordinance authorizing the issuance., of a permit to St. Joseph's Hosdt71; ' Miilg';nta corporation, An ordinance authorizing the issuance of a permit to St. Joseph's Hospital, a Minnesota corporation, to construct and maintain a subsurface concrete pedestrian tunnel 8 fit' wide by 7 feet6 inches high under the surface and across Tenth Street, upon '!a center line approximately 150 feet west of °and, parallel to. the west line of St..Peter.- -Street, within the corporate limits of the City of Saint Paul,' Rimsey County, Minnesota. This is an emergency ordinance rendered necessary for the preservation of the public peace, health and safety. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: &ection 1. That the Commissioner of Public Works is authorized,to issue a permit to St. Josephts Hospital, a Minnesota corporation, to construct'and maintain a subsurface concrete pedes- trian-tunnel 8 feet wine by 7 feet 6 inches high, under the sur -" ' face and across Tenth Street, upon a center line Vp:�oximately 150 feet west of and parallel to the west lrneof St. -Peter Street,, within the corporate limits of the 'City. of Saint Paul, Ramsey County, Minnesota, subject to the following conditions: 1. That said permittee shall forthwith furnish and deliver to the City of Saint Paul e aurety bond in the penal sum of $10,000 made and executed by said permittee as principal and a corporate surety company duly authorized to transact business in the State of Minnesota, as surety, to and in favor 6f the City of Saint Paul as obligee, conditioned that sad permittee shall indemnify and hold harmless said City of •- Saint Paul against all expense and liability ® Z on account of all claims, suits and judgment U arising out of or connected-with the construction, erection, maintenance and' /or•- operation by said permittee and /or its successor in -interest of the aforementioned subsurface concrete pedestrian tunnel, which surety bond shall be in such form _F as shall be approved by the Corporation Counsel and shall have such surety as shall be approved by the Commissioner of Finance: 2. That said,permittee shall, at its own'' cost and expense, and in accordance with all,• applicable.ordinances of the City of Saint Paul, Statutes of the State of Minnesota, and regula- tions of public authority having cognizance, construct, erect, maintain and operate -said subsurface concrete pedestrian tunnel hereunder. 3. That said permittee shall, at its own cost and expense, as aforesaid, construct and erect said subsurface concrete tunnel under I It the supervision and subject to the inspection And approval of the Chief Engineer and the City.Architect, and fuly reimburse the City of Saint Paul, upon receipt of proper invoices therefor, on account of-All costs and expenses necessarily incurred for inspection and engineering services by the City of,-Saint Paul, in the premises. 4. That said permittee shall, prior to the commencement of the construction and erection of said subsurface concrete pedestrian tunnel hereunder, at said permittee's own cost and i F expense and by... a..competent ,Registered Axchitect or Engineer, cause to be prepared and submitted to said Chief Engineer and said City Architect of the City of Saint Paul,.two complete sets of proper detailed plans -and specifications for said structure, which shall be subject to the approval of said Chief Engineer and said City Architect. 5. That said permittee, and its successors and assigns, shal`1 fully indemnify the, City of Saint Paul against all liability on ac aunt of ® N all claims, causes of action, suits and judgments Z on account of injury to person and /or property W arising from or connected with the construction, a erection, maintenance, operation, and /or removal of said subsurface concrete pedestrian tunnel ® hereunder; and that supplemental to all other cc obligations on their part, jointly or severally, hereunder, said permittee and its successor's and 0. assigns shall furnish and maintain, and pay all premiums and other expenses for.-casualty insurance coverage by a duly licensed casualty insurance I company in the-amount of $300,000.00 against liability for injury to'any person and /or persons in any single accident, and in the amount of $25,000.00 against liability for injury to- property in-any single accident, and in said amounts and for said purposes, respectively, indemnifying said permittee, its .successors and. - assigns and,the City of Saint Paul- against liability on account of all claims of third persons for - injury - to person and /or property arising from.oiti connected with the construction, erection, maintenance, operation and /or removal of said subsurface concrete pedestrian tunnel, hereunder, and shall furnish competent ` evidence.of said coverage, from time to time, to-the Comptroller of the City of Saint Paul. Original to.City clerk yea 7 w - ORDINANCE COUNCIL FILE NO. PRESENTED BY �,. ORDINANCE NO. 6. That said permittee shall complete the construction of said subsurface concrete pedes- trian tunnel hereunder and in'accordance with the requirements hereof not later than the 1st day of January 1959. .1871189 7. That said subsurface concrete pedestrian tunnel shall be removed, discontinued and back- filled under the supervision and subject to the approval of the Commissioner of Public Works and the Commissioner of Parks, Playgrounds and Public Buildings, by and at the expense of said permittee and/or its successor in interest whenever the Council of the City of Saint Paul shall by resolu- tion determine such removal and discontinuance �..�' necessary in the public interest and accordingly order the removal and'. discontinuance of said tunnel from said location.. 8. That said permittee shall within the period of 10 days next after the effective date of this ordinance, file with the City Clerk, its written acceptance of this ordinance and agmement to be bound by the provisions, terms and conditions thereof, without limitation, which written instrument of acceptance and agreement shall be in form approved by the Corporation Counsel. Section 2. This ordinance is hereby declared to be an emergency ordinance rendered necessary for the preservation of the public peace, health and safety. - Section 3. This ordinance shall take effect and be in force upon its passage, approval and publication. I- .�..- .��s7r - _, -���� �.�tt�n�rrt�]� T�TnnQ D.. .,.•1 L. :. {},e_!".�ttnai.1 e. - . • .. ice] 3 W1— - Tn Favor Mortinson Peterson Against Rosen 2 Q 1958 Mi�. President (Dillon) my � ' Approved: Attest:i ` -City Clerk Mayor M 6 -6 a a00Po 8; ' PUBLISHEED._4,---...2 �Y f r� E L L E R B E k N D COMPANY •. A•RCHITECTS AND ENGINEERS .. April 14, 195' 958 Chief Engineer, City -of St. Paul Dept;. of Public Works City' Hall Building" St.. Paul 2, Minnesota Re: St. Joseph's Hospital Attn: Mr. Arthur Tews Pedestrian!Tunnel across 10th- Street, West of St. Peter. Gentlemen: St. "Joseph's Hospital respectfully requests that permission be granted to "construct and maintain a concrete- pedestrian c. Wq tunnel 81"wide :$ `7 t _6,It high crossing •10th Street•,(west of' C.. ?U'lolt St. Peter; approximate location shown 'on attached drawing The` excavatibn'wilT be by open trench: 30r wide; full width '/ vj of} l0th'Street. ' -Work to start'oii "or after' July 31, 1958. ttk Construction should take approximately 45 days to complete�, ` the' tunnel crossing. The proposed first stage of construction in the' hospital building program will force the * presentt staff and employee parking area to be- abandoned,' and to "-be relocated in the new P arking area on the' north side"of Tenth Street. Normal pedestrian traffic at" 'the "surface' level would create a safety hazard iria "sinuch as this traffic would tend to jaywalk across Tenth Street. It' is the desire of the owners that the pedestrian" tunnel be constructed under' Tenth Street from the new parking lot to the point of entry at the present main building. Enclosed herewith are••Preliminary prints of Sheets C -1 and S -5 for your convenience* ,p Very truly yours, oe G. Moss Civil Engineer JGM /bmc Enc. cc: Sister Marie dePaul E• S 05 F I R S T N A T I O N A L B A N K B U I L D I N G • S A I N T P A U L 1. MINNESOTA r' r. . s z Saint Paul, Minnesota May 26, 1958. .To the Honorable, the City Council Saint Paul, Minnesota Gentlemen: We, the undersigned, do hereby accept and agree to abide by all the terms and conditions of Council File No. 187189, being Ordinance ' No. 11242, adopted by the Council on May 20, 1958• ST. JOSEPH'S HOSPITAL BYA p5 1: C 3 I} a *t i s ' -1st / oc 9 2nd Laid over to _ 3rd and app —Adopted Yeas Nays Yeas ,[ l `Nays DeCourcy DeCourcy SI'tl� Holland Holland Mortinson ' V Mortinson l� — Peterson— Peterson 4�iM'e1 Win�e1 Y� Fr-. President Dillon^' Mr. President Dillon ?+QY. Vicc Y 9 ORIGINAL CITY OF SAINT PAUL TO PAYOR OFFICE OF THE COMPTROLLER RECEIPT 3 -,N? J�L � ----------------------------------- ------ U RECEIVEDOF______ ---------------------------- l- ------------------------------------------------------------------ 2 ------------------------------------------------------------------------------------------- FOR ---- ----------- ------ -- r '7 -------------------------------------------------------------------------------------- ------------------ 919 ------------------ $ 11100 CITY COMPTROLLER 500 4-st BY------------------- ---------------------- ---------