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272231 _ ___ _ _. . . T ........ . . _. ......_. - - . WHITE' - CITV CIERK � � PINK - FINANCE GITY OF SAINT PATTL Council �� . . CANARV -DEPARTMENT � � , BLUE -MAVOR File NO. • ) � i O/ ZIZCLIZCP. Ordinance N O. �C�� . � �yG,�c.�.�.. � Presented By Referred To Committee: Date Out of Committee By Date AN ORDINANCE MAKING PROVISION THEREFOR AND GRANTING UNTO THE HOUSING AND - REDEVELOPMENT AUTHORITY OF THE CITY OF SAINT PAUL, MINNESOTA, A MINNESOTA CORPORAT�ON, AND ITS SUCCESSORS OR ASSIGNS, PERMISSION TO CONSTRUCT, MAINTAIN AND OPERATE AN OVERHEAD PEDESTRIAN PASSAGEWAY ACROSS SAINT PETER STREET BETWEEN THE INTERSECTION THEREWITH OF WEST EXCHANGE STREET AND WEST TENTH STREET. SAID OVERHEAD PEDESTRIAN PASSAGEWAY 70 B� EXTENDED FROM SAINT JOSEPH HOSPITAL ON THE WEST SIDE OF SAINT PETER STREET TO THE GALLERIA BUILDING ON THE EAST SIDE OF SAINT PETER STREET, THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1. That permission and authority hereby are granted to the Housing and Redevelop- ment Authority of the City of Saint Paul, Minnesota, a Minnesota Corporation and/ or its swccessors in interest to const 'ruct, maintain and operate an overhead pedestrian passageway across Saint Peter Street between the intersection there- with of West Exchange Street and West Tenth Street. Said overhead pedestrian bridge to be extended from Saint Joseph Hospital on the west side of Saint Peter - Street and the Galleria Building on the east side of Saint Peter Street, Section 2. That the Director of Public Works is hereby authorized to issue necessary permits to said permittee, the Housing and Redevelopment Authority of the City � of Saint Paul, Minnesota, for the construction, maintenance, and operation of said COUIVCILMEN Requested by Department of: Yeas Nays Butler In Favor � — Hozza Hunt Levine Against BY Maddox Showalter Tedesco Form Approved b City Attorney Adopted by Council: Date Certified Passed by Council Secretary BY By ` 1\, ` Approved by Mayor: Date Ap o d by Mayo for m sion to Council sy B , � -2- �� . � �� overhead pedestrian passageway according to the plans and specifications approved by and on file with the Department of Public Works by and at the separate cost and expense of said permittee, upon said permittee's compliance with the following conditions: a. 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 public authority having cognizance, construct, maintain, and operate said overhead pedestrian passageway hereunder; b. That said permittee shatl pay the costs for the publication of this ordinance; c. That said permittee shatl pay the costs of administration, engineering, and inspection incurred by the Department of Public Works due to this under- taking, said costs are estimated to be a sum of Six Hundred Dollars ($b00.00) and shall be accounted for under separate Department of Public Works Project Number; d. That said permittee shatl furnish the Department of Public Works all documents of record that are a part of the contract or incidental to its execution including, but not limited to, addendums, award of contract, contract amount, "as built" plans, tracings and tracings of shop plans; e. That said permittee shall construct said overhead pedestrian passage- way to the satisfaction of the Directvr of Public Works and in accordance with approved plans and specifications of the Housing and Redevelopment Authority of the City of Saint Paui, Minnesota, said plans and specifications on file in the Department of Public Works. Such construction shall be made in strict compli- ance with the American Association of State Highway and Transportation Officials (AASHTO) Specifications, as amended, and the Uniform Building Code and be authorized under a buitding permit issued by the Department of Community Services, Division of Housing and Building Code Enforcement; f, That said permittee and/or its successors in interest shatl fully indemnify, hold harmless, and defend the City of Saint Paul, it 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 person(s) and/or property arising out of or connected with the construction, erection, maintenance, operation and/or removal of said overhead pedestrian passagearay hereunder; and thafi supplemental to all other obligations, on their part, jointly and/or severally, hereunder, said permittee and/or its successors in interest shall furnish and maintain and pay all premiums and other expenses therefor, Casuatty Insurance Coverage, with a duly licensed Casualty Insurance Company to the extent of $500,000.00 for injury to any person and/or persons in any single incident, and to the extent of $200,000.00 for damage to property in any single accident, indemnifying the City of Saint Paul against liability on account of all claims o�F third persons for injury to person(s) and/or prop- erty arising from or connected with the construction, erection, maintenance, -3- . , �'�'��'�� e��c aperation and/or removal of said structure hereunder, at all times, and to furnish competent evidence of said coverage, fran time to time, to the Director of Finance and Management Services of the City of Saint Paul; g. That said permittee shall not proceed with constructio� unless and until said permittee shall have fully complied with the provisions regarding insurance and indemnification contained in the City of Saint Paul, Department of Public Works "Standard Supplementat Specifications for Highway Construction", dated June 1, 1978, Section numbered 1305.2. For the purpose of this Ordinance, the aforesaid Section of said Specifications shall be read as though the word "permittee" was substituted for the word "contractor" wherever same appears therein. Section 1305.2 of the Department of Public Works, City of Saint Paul "Standard Supplemental Specifications for Highway Construction" dated June 1, 1978 is hereby incorporated herein by reference as fully and as completely as if set forth herein verbatim. h. That said permittee and/or its successors in interest, shall among other things, at their own cost and expense make adequate and effective pro- visions therefor and drain all moisture, rain and snow which shall accumulate thereon by proper devices through said overhead pedestrian passageway and in a manner so that the flowing and/or spilling of same on any part of said section of said Saint Peter Street shall be prevented at all times. Said permittee and/or its successors in interest shatl maintain and operate said overhead pedestrian passageway at its sole cost and expense in a safe condition for pedestrian travel, such maintenance to include, but shall not be limited to, glass, floor, metal trim, and hardware cleaning, polishing, and replacement; roof maintenance; repainting; light bulb replacement and light fixture cteaning; and the supply of heated and cooled air within said bridge to maintain temper- ature comparable to that normally maintained within heated and air-conditioned office spaces; i. That said permittee and/or its successors in interest shall, at atl times, construct and maintain all of the supports of said overhead pedestrian passageway entirely within the lines of the subject private real estate and entirely without pubtic street rights-of-way; j. That said permittee shall notify the Traffic Bureau of the Department of Public Works if the construction or maintenance of said overhead pedestrian passageway shall make necessary the closing of Saint Peter Street or any part thereof; all expenses incurred by the Traffic Bureau in furnishing, installing, or remaving barricades, signs, apd other control devices shalt be paid by the permittee; k. That said permittee and/or its successors in interest shall not use any part of said overhead pedestrian passageway for any advertisement or dis- play purposes, without the written consent of the City of Saint Paul and the application thereto of any advertising materiat or display shall be deemed prohibited by this Ordinance; 1. That said permittee and/or its successors in interest shall, at all pertinent fiimes, in the construction, maintenance, and operafiion of said over- head pedestrian passageway hereunder, provide respectively a minimum vertical � -4- �:�`��_ . i1�4qn clearance of at least 17 feet 4 inches between and throughout the course of the bottom of said structure and the surface of said section of Saint Peter Street, except as may be altered by the City's future street work; m. That said permittee expressly agrees to comply with Chapter 216 of the Saint Paul Legislative Code, as amended, pertaining to street obstructions; n. That said permittee and/or its successors in interest shall complete the construction and erection of said overhead pedestrian passageway by not later tM�an one (1) year after comnencement of construction. Said comnencement shatl be evidenced by Pubtic Works' receipt of a written notification thereof, and shall be dated therein, as further provided for under Paragraph (o} bela�v; a. That said permittee shali notify the Bridge Engineer of the Department of Public Works before and when construction starts and notify the sar� said Bridge Engineer when canstructian has been completed to allow for a final inspection. p. That said overhead pedestrian passageway shall be removed by and at the sote cost and expense of said permittee and/or its successors in interest whenever the Council of the Ctty of Saint Paul shall by Resolution determine such removal necessary in the public interest and accordingiy order the re- moval of said structure from said 1ocation; q. That said permittee shalt, within the period of ten (10) days after the publication of this Ordinance, file with the City Clerk its written acceptance of this Ordinance and agreement to be bound by all the provisions, terms and conditions thereof without limitetion which written instrument of acceptance and agreement shatl be in the form approved by the City Attorney; r. That upon the execution of an Agreement by and between the City af Saint Paul, the Housing and Redevelopment Authority of the City of Saint Paut, Minnesota, and the applicable building/property owners respecting the aforesaid pedestrian passageway over Saint Peter Street, the permittee, the Housing and Redevelopment Aufihority of the City of Saint Paul, Minnesota, shalt be relieved of any further obligation uncfer the terms of this Ordinance, and the successors in interest of the permitfiee, the applicable building/property owners, shall be responsible for paying the insurance premiums of said overhead pedestrian passageway and shatl also be responsible for providing the maintenance and operation of said overhead pedestrian passageway; s. That upon the Housing and Redevelopment Authority's conveyance of its obtigations under the terms of this Ordinance to the above successors in interest, said permittee's successors in interest shall furnish and deliver unto the City of Saint Paul a Surety� Bcmet in the amount of Fifty Thousand Dollars ($50,000.00) for said overhead` pedestrian passageway (bridge) , made and executed by said permittee's successors in interest as Principal, and a Corporat� Surety Company duly authorized to transact business in the State of Minnesota as Surety, to and in favor of the City of Saint Paul as obligee, conditioned upon the permittee's successors in interest comptying with the terms and conditions of this Ordinance and also conditioned that, in the event the permittee's successors in interest fail to maintain or repair said over- WHIT�' - GITV CLERK . PINK - FINANCE GITY OF SAINT PAUL Council CANARY - DEPARTMENT l BLUE -MAVOR � Flle NO. �� --FS! �rV F . • ` • � . O/ indnce Ocdinance N�. f�y�� Presented By Referred To Committee: Date Out of Committee By Date -5- head pedestrian passageway to a reasonable standard of safety, or fail to remove said overhead pedestrian passageway upon order by the Couneit, the City of Saint Paul may undertake the maintenance, repair or removal thereof and may recover its reasonable cost incurred thereby from said surety, whfch Surety Bond shall remain in fuil force and effect as long as said overhead pedestrian passageway or any part thereof remains in that portio� of Saint Peter Street as shown on 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 � Management Services; t�. That said permittee and/or itS successors in interest shall submit proposed plans and specifications to the Department of Public Works for re- view and approvat of any intended structural repairs or major maintenance work on the bridge, before any such work is carried out. Upon ca�npletion of such structurai repairs approved by the Department of Public Works, permanent re- producible tracings shail be furnished the Department showing the work done and marked with any "as built" changes, as welt as reproductble shop drawing tracings of the same; u, that said permittee shall submit the necessary insurance documents to the Office Engineer of the Department of Public Works. The Office Engineer in turn shall submit said documents to the Ctty Attorney of the City of Saint Paul for review and, if said insurance is sufficient, said documents shall be filed with the Director of Finance � Management Services of the City of Saint Pau 1. Section 3. That this Ordinance shall take effect and be in �force thirty (30) days from and after its passage, approval and publication. mf' COUNCILMEK Yeas Nays Requested by Department of: +�1�s-� � Pub 1 i c Works In Favor Hozza, Pres i dent . � I ? Hunt d � �;��,�!�� / / � Against BY '`J`"'�- on , ygaar , r ctor Showalter � Tedesco �aN 4 1979 Form Approved by C1'ty A torney Adopted b ncil: Date I� ' , C ified P ed by Cou�cil ecretary BY By C A pr v d by Mayor: te T-�� 7�1 A r ve by Mayor for�b i 'on to Council B BY � , t��tsH�o ,lAN l 3 1979 .. . . . . . . . . . . . . . f . . � aM az: �.�/z��z5 , . . , Rev. : s/s�7�G � � , EXPLANATION OF�ADMTIdISTRATIVE ORDERS, �� RESOLUTI4NS, AND QRDINANCES ' �a�� --- � f�yq� , " .� .� � RECEiVE� . Date: Nover�er 24, 1978 ; UC C ` `T 197� NIAYOR'8i OFFIC� . TO: MAYOR GEORGE LATIMER f FR: Robert A. Horrisbert,�er, Jr., Publ tc Works • ! - RE: Pedestrian bridge over St. Peter Street betw�een Exchange Street and Tenth Stre�t � , � . � ACTION REQUESTEDc Ordinance woutd permTt the construction operation and �aintena�ce of the pedestrtan bridge over St. Peter`Street betw�een St.' Joseph Hospital and� the Galleria Building, sub,ject to certaln conditions as� contained in the 'ordinfince. � . , '� � i , ; . - i r . ; . � � , 4 � . . ; _ . � � PURPOSE AND RATIONALE FOR THIS ACTION: � Cowncil by Ordinancm t�as granted� permission for prevlously constructed pedestrlan bridges; (i,e. Ordinance ; ' No. 16348 adopted 9/22/77 for pedestrtan bridge over Wabasha 'Str�et betwneer� � Exchange Street and Tenth Street.) '� • _ � . 'i i ' ' ' � � . � ,. ATTAGHMENTS: Ord i nance . ; . � _ i -��f.� . ' � .. � _=_:�°��zY F''°�� CITY OF SAINT PAUL _�� ,:�,, '4 '�'` OFFICE OF THE CITY ATTORNEY �o �' :� IIBI'd{I'll �� ;� �� SUZANNE E. FLINSCH, CITY ATTORNEY �`>;,,,. �as+ 647 City Hall, Saint Paul,Minnesota 55102 �.�.��° 612-298-5121 GEORGE LATIMER MAYOR April 24 , 1979 Ms . Rose Mix Offi ce of the Ci ty C1 erk 386 City Hall St. Paul , Minnesota 55102 Re : Council File No . 272231 Ordinance No . 16490 Skyway Bridge , District 17 Dear Ms . Mix : Enclosed herewith please find Certificate of Acceptance of the above referenced Ordinance. Y ry truly , ,. 4..� Ri d H. Ze ing Assistant City Attorney 298-5695 enc . cc: Darold McMahon �� 1 Saint Paul, Minnesota April 19 , 1979 Members of the Council of the City of Saint Paul The undersigned Petitioner hereby accepts and agrees to comply with the terms and conditions of Council File No. 272231 , being Ordinance No. 16490 , adopted January 4 , 1979. HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF SAINT PAUL, MINNESOTA By �� ( S E A L ) Its Exe tive irector � . � , � lst � �� 2nd '�� 3rd �� Adop ted_� Yeas pay8 BUTLER HUNT I.EVINE �-� ` ��-l��.�'�3 MADDOX �(1! / �� i SHOWALTER TEDESCO PRESIDENT (HOZZA)