91-1881 �����+ ���� � ' /��� ��, Council File � � f
� ��,,� � Ordinance # /7�,�7
Green Sheet ,� � ti ti,2
ORDINANCE
C TY OF SAINT PAUL, MINNESOTA
resented By
Referred To or�(�S Committee: Date �U I �
AN ORDINANCE GRANTING PERMISSION TO MACALESTER COLLEGE, 1600
GRAND AVENUE, SAINT PAUL, MINNESOTA, AND/OR ITS SUCCESSORS IN
INTEREST, TO CONSTRUCT, OPERATE AND MAINTAIN A PRIVATE TELEPHONE
CABLE UNDER AND ACROSS MACALESTER STREET RIGHT-OF-WAY AT TWO
LOCATIONS BETWEEN SUMMIT AND LINCOLN AVENUES.
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section 1.
That permission and authority are hereby granted to Macalester College and/or its
successors in interest, hereinafter referred to as the "permittee", to construct, operate
and maintain two groups of conduits with se�e� telephone cabling under and across
Macalester Street to access buildings at 37 and 77 Macalester street.
Section 2.
That the Director of the Department of Public Works is hereby authorized to issue a
permit to Macalester College and/or its successors in interest for the construction,
operation and maintenance of said underground telephone cable, according to
approved plans on file in the Department of Public Works, and upon said permittee's
compliance with the following conditions:
a That the permittee shall pay the costs of publication of this ordinance and
all ordinances and resolutions passed in relation to this ordinance;
b. That the permittee shall pay the costs of administration, engineering and
inspection incurred by the Department of Public Works (under engineering
project Number E-1367) because of this undertaking.
c. That the permittee and/or its successors in interest, shall fully indemnify,
hold harmless and defend the City of Saint Paul, its agents, officers and
employees from any and all damages, claims, losses, judgments, suits or
expenses and on account of all claims of whatever nature for injury to
persons and/or property arising out of, or connected with, the construction,
maintenance, operation and/or removal of said telephone cable and by the
permission and authority granted herein; and that supplemental to all other
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obligations on their part, jointly and/or severally, hereunder, the permittee,
and/or its successors in interest, shall furnish and maintain, and pay all
premiums and other expenses therefore, casualty insurance coverage with
a duly licensed casualty insurance company, naming the permittee and the
City as additional insured to the extent of $500,000 for injury to any person
and/or persons in any single incident and to the extent of $250,000 for
damage to property in any single accident and insuring the City of Saint
Paul against liability on account of all claims of third persons for injury to
person(s) and/or property arising from, or connected with, the construction,
maintenance, operation, relocation and/or removal of said telephone cable
hereunder at all times. The permittee shall furnish a certificate of this
insurance policy, to the Director of the Department of Public Works. Said
certificate of insurance shall be in such form as shall be approved by the
City Attorney;
d. That the permittee and/or its successors in interest, shall execute and deliver
unto the City of Saint Paul a surety bond in the amount of ten thousand
dollars ($10,000) conditioned to indemnify and save the City of Saint Paul
from all expenses or losses due to the construction, operation, maintenance
and/or removal of said telephone cables and/or expenses or losses
incurred by the City of Saint Paul due to the failure of the permittee and/or its
successors to comply with the requirements of this ordinance. Said surety
bond shall remain in force and effect as long as said telephone cable, or
any part thereof, remains in the City right-of-way, and said bond shall be in
such form as shall be approved by the City Attorney;
e. That the permittee and/or its successors in interest agrees to comply with
Chapter 125 of the Saint Paul Legislative Code, as amended, pertaining to
street obstructions in the course of installing or repairing said telephone
cable;
f. That the permittee shall coordinate all work involving existing or proposed
utility installations, public or private, with the affected utility companies or
agencies;
g. That all construction, repair, maintenance and/or removal of said facility,
shall be done by a contractor duly licensed and bonded with the City of
Saint Paul, and in a manner which will leave the public right-of-way in a
condition acceptable to the City's Director of Public Works, or his duly
authorized agent, and shall be accomplished in full compliance with the
"City of Saint Paul, Minnesota, Department of Public Works, Standard
Specifications for Street Oepnings";
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h. That the permittee shall be registered as an operator, under Minnesota's
one-call underground utility location systems, in accordance with Chapter
216D of the Minnesota State Statutes and remain as such for the life of this
faci lity;
i That the permittee, shall at no cost to the City, repair any damage to said
telephone cable which occurs during the normal course of the City's
maintenance and/or construction of public facilities;
j. That the permittee, and/or its suc;cessors in interest, 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 regulations of public
authority having cognizance, construct, maintain and operate said
telephone cable;
k. That the permittee shall remove or relocate said-telephone cable entirely at
their own expense whenever the Saint Paul City Council shall by resolution
determine such removal or relocation necessary in the public interest and
accordingly order the removal or relocation of said telephone cable from
said street;
I. That the permittee shall, within thirty (30) days from and after the
publication of this ordinance, file written acceptance thereof, specifically
agreeing to all of the provisions, terms and conditions herein, with the City
Clerk;
Section 3
That this ordinance shall take effect and be in force thirty (30) days from and after its
passage, approval and publication.
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By' '� � Approved y ayor for Submission to
Approved by I�ayor: � nat� 0 CT 2 9 1991 Council
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