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90-2059 0 R I G� N A�. � ' . � ' � , Council File � �—z�0✓� ordinance # /77`l3 Green sheet # 11�34 ORDINANCE . ITY OF SAINT PAUL, MINNESOTA I'1i�- Presented By ����i�� �' �� Referred To Committee: Date I AN ORDINANCE GRANTING PERMISSION TO MERRILL CORPORATION,1505 ENERGY PARK DRIVE, SAINT PAUL, MINNESOTA, AND/OR ITS SUCCESSORS IN INTEREST, TO �ONSTRUCT, OPERATE AND MAINTAIN A PRIVATGE TELEPHONE - CABLE UNDER AND ACROSS DECOURCY CIRCLE RIGHT-OF-WAY CONNECTING THE MERRILL CORPORATION BUILDING ON LOT 1, BLOCK 1, ENERGY PARK, WITH THE ENERGY CENTER BUILDING ON LOT 3, BLOCK 1'; ENERGY PARK. THE CO�INCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1. That permission �and authority are hereby granted to Merriil Corporation, 1505 Energy Park Drive, Saint Paui, Minnesota, hereinafter called the "permittee", and/or its successors in initerest to construct, operate and maintain, a telephone cable. Said telephone cable shall be installed under and across Decourcy Circle right-of-way within the City of Saint Paul connecting the Merrill Corporation Building on Lot 1, Block 1, Energy Park, with the Energy Center Building on Lot 3, Block 1, Energy Park. Section 2. That the Directo of the Department of Public Works is hereby authorized to issue a permit to the Me�rill Corporation, and/or its successors in interest for the construction, operation and �naintenance of said underground telephone cable, according to approved plans pn file in the Department of Public Works, and upon said permittee's compliance with the following conditions: ' a. That s�id permittee shall pay the costs of publication of this Ordinance and all ordinances and resolutions passed in relation to this Ordinance; b. That said permittee shall pay the costs of administration, engineering and inspection incurred by the Department of Public Works because of this undertaking. Said costs are estimated to be a sum of $500; 0 � i�G! N A L� � � .� - � . . ��o-a�� � 77�3 j , c. That s�id permittee, and/or its successors in interest, shall furnish and delive� unto the City of Saint Paul a surety bond in the amount of ten thous$nd dollars ($10,000) for said telephone cable made and executed by said permittee and/or its successors in interest as principlal, and a corporate surety company duly authorized to transact business in the State of Minnesota as surety to and in favor of the City of Saimt Paul as obligee, conditioned that in the event the permittee and/orl it successors in interest, fails to maintain, repair or replace said telephpne cable to a reasonable standard of safety or fails to remove or relqcate said telephone cable upon order by the Saint Paul City Coundil, the City of Saint Paul may undertake the maintenance, nepair, replacement, relocation or removal thereof and may recover its neasonable cost incurred thereby from said surety, which surety bond shall remain in force and effect as long as said telephone cable or any part thereof, remains in that portion of Decourcy Circle as shown on the plans on file with the Department of Public Works. The surety bond shall be in such form as shall be approved by the City Attorney and shall have such surety as shall be approved by the Director of Finance and Management Services; d. �hat said permittee and/or its successors in interest agrees to comply � with C'hapter 125 of the Saint Paul Legislative Code, as amended, pertaining to street obstructions in the course of installing or repairing said telephone cable; e. That siaid telephone cable shall be removed or relocated by and at the sole cost and expense of said permittee and/or its successors in interest, whenever the Saint Paul City Council shall by resolution determine such removal or relocation necessary in the public interest and a�cordingly order the removal or relocation of said telephone cable from said street; f. That said permittee, and/or its successors 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 pubtic authority having cognizance, construct, maintain alnd operate said telephone cable; Page 2 of 4 �0 R i G I N�4 L� � .� � � � � �=�o-�D�9 /77y'3 g. That said permittee and/or its successors in interest, shall fully indem�ify, hoid harmless and defend the City of Saint Paul, its agent , officers and employees from any and all damages, claims, losses judgments, suits or expenses and on account of all claims of whate er nature for injury to persons and/or property arising of or conne ted with the construction, maintenance, operation and/or remov I of said telephone cable and by the permission and authority granteCi herein; and that supplemental to all other obligations on their part, j4intly and/or severalty, hereunder, said permittee, and/or its succe$sors in interest, shall furnish and maintain, and pay all p�remiums and other expenses therefore, casualty insurance cbverage with a duly licensed casualty insurance company, naming th�e pertmittee and the City as jointly 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 in�uring 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 ti�mes. The permittee shall furnish a certificate of this insurance policy, to the Director of the Department of Public Works. Said certific�te of insurance shall be in such form as shall be approved by � the Cit� Attorney; h. That s�id permittee, shall at no cost to the City, repair any damage to said te�lephone cable which occurs during the normal course of the City's maintenance and/or construction of public facilities; i. That all construction, repair, maintenance and/or removal of said facility,I shall be done by a contractor duly licensed and bonded with tMe Cit�r of Saint Paul, and in a manner which will leave the public right-ofi-way in a condition acceptable to the City's Director of Public Works, or his duly authorized agent, and shall be accompfished in full compli�nce with the "City of Saint Paul, Minnesota, Department of Public Works, Standard Specifications for Street Openings"; j. That �aid permittee must 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 facililty; Page 3 of 4 � 0 R ! G�! N A.L� . � . . � �-��-��s� /77�?.� k. That s�id cable shall cansist of a one hundred (100) pair copper wire telephane cable installed by method of horizontal boring rather than open- cut tremching, at a minimum depth of forty-eight (48) inches below grade, according to approved plans on file in the Department of Public Works; I. That said permittee shall coordinate all work involving existing utility installations, public or private, with the affected utility companies or agenci�s; m. That said 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 ordinan�e shall take effect and be in force thirty (30) days from and after its passage, approv�l and publication. '� ��as Navs Absent Requested by Department of: in►on �,,,_ osw + Pub 1 i c Works o �— acca ee �`– e man T'-'— une �— i son � BY� 0 Thomas J. Eggum - Dir ,�C�- DEC 13 19 Form Appr ed by Ci y Att rn y�E/LCD:s m Adopted by Council: Date �' Adoption e tified by Council Secretary � �_'� � By: �.:. By' Approvec3�by Maycrt for Submission to Approved b Mayor: Date Q�� �- `� ���� Council / By: ���/;�'��`���/ By: � Ptl������ u�-� 2 ':� 1990_