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271664 WH17E - CI TY CLERK COU11C11 /����� PINK - FINANCE / CANARV - DEPARTMENT GITY OF SAINT PALTL t . �� BLUE - MAVOR F11E NO. � ' Ordindnce Ordinance N�. � , Presented By � Referred To Committee: Date Out of Committee By Date AN ORDINANCE MAKING PROVISION TNEREFOR AND GRANTING UNTO THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF SAINT PAUL, MINNESOTA, A MINNESOTA CORPORATION, AND ITS SUCCESSORS OR ASSIGNS, PERMISSION TO CONSTRUCT, MAINTAIN AND OPERATE AN OVERHEAD PEDESTRIAN PASSAGEWAY ACROSS SIBLEY STREET BETWEEN THE INTERSECTION THEREWITH OF EAST SIXTH STREET AND EAST SEVENTH PLACE. SAID OVERHEAD PED- ESTRIAN PASSAGEWAY TO BE EXTENDED FROM THE EXISTING PARK SQUARE COURT BUILDING ON THE EAST SIDE OF SIBLEY STREET TO THE NEW MEARS PARK APARTMENif BUILDING ON THE WEST SIDE OF SIBLEY STREET. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1 . That permisslon and authority hereby are gra�ted to the Housing and Redevelopment Authority of the City of Saint Paul , Minnesota, a Minnesota Corporation and/or its successocs in interest to construct, maintain and operate an overhead pedestrian passageway across Sibley Street between the intersection therewith of East Sixth Street and East Seventh Place. Said overhead pedestrian passageway to be extended from the extsting Park Square Court Building on the east side of Sibley Street to the new Mears Park Apartment Building on the west side of Sibley Street. Sec��on 2. That the Director of Public Wbrks is hereby authorized to issue necessary permits to said permittee, the Housing and Redevetopment Authority of the City of Satnt Paul , Minnesota, for the construction, COUNCILMEN Yeas Nays Requested by Department of: Butler Hozza In Favor Hunt oedler Against BY Sylvester Tedesco Form A prov by t ney Adopted by Council: Date � Certified Passed by Council Secretary BY By Approved by Mayor: Date Ap o d by Mayor for Sub io to Council By BY�: -2- r� �! �q ` ,' � I�.L.l�°3 maintenance, and operation of said overhead pedestrian passageway ac- cording 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 regula- tions of public authority having cognizance, construct, maintain, and operate said overhead pedestrian passageway hereunder; b. That satd permittee shall pay the costs for the publication of this ordinance; c. That said permittee shall pay the costs of administration, engineering, and inspection incurred by the Department of Public Works due to this undertaking, said costs are estimated to be a sum of Six Hundred Dollars ($600.00) for each overhead pedestrian passageway noted above and shall be accounted for under separate Department of Public Works Project Number; d. That said permittee shall furnish the Department of Public Works ali documents of record that are a part of the contract or inci- dental 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 passageway to the satisfaction of the Director of Public Works and in accordance with approved plans and specifications marked Contract No. 78-111 of the Housing and Redevelopment Authority of the City of Saint Paul , Minnesota, said plans and specifications on file in the Department of Public Works. Such construction shall be made in strict compliance with the American Association of State Highway and Transportation Officials (AASHTO) Specifications, as amended, and the Untform Building Code and be authorized under a building permit issued by the Department of Cormnuntty Services, Division of Housing and Building Code Enforcement; f. That said permittee and/or its successors in interest shall futly indemnify, hold harmless, and defend the City of Saint Paul , its agents, officers and employees from any and all damages, clatms, losses, judgments, sutts or expenses and on account of all clatms of whatever nature for inJury to person(s) and/or property arising out of or con- nected with the construction, erection, maintenance, operation and/or removal of said overhead pedestrian passageway hereunder; and that sup- plemental to all other obligations, on thetr part, jofntly and/or sever- ally, hereunder, said permittee and/or its successors in interest shall furnish and maintain and pay all premiums and other expenses therefor, Casualty Insurance Coverage, with a duly licensed Casualty insurance Company to the extent of $500,000.00 for in,jury 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 alt claims of third persons for inJury to person(s) and/or property arising from or connected with -3- �'1����:� . . the construction, erection, maintenance, operation and/or removal of said structure hereunder, at all times, and to furnish competent evi- dence of said coverage, from time to time, to the Director of Finance and Management Services of the City of Saint Paul ; g. That said permittee shail not proceed with construction 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 Supplemental Specifications for Highway Construction", dated June 1 , 1978, Section numbered 13�5.2. For the purpose of this Ordinance, the aforesaid Section of said Specifi- cations 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 provisions 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 Sibley Street shall be pre- vented at ali times. Said permittee and/or its successors in interest shall 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, pollshing, and replacement; roof maintenance; repainting; light bulb replacement and light fixture cleaning; and the supply of heated and cooled air within each bridge to maintain temperature comparable to that normally maintained within heated and air-conditioned rental office spaces; i. That said permittee and/or its successors in interest shall , at all tlmes, construct and maintain all of the supports of said over- head pedestrian passageway entirely within the lines of the sub,ject prlvate real estate and entirely without public 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 Sibley Street or any part thereof; all expenses incurred by the Traffic Bureau in furnishing, lnstalling, or removing barricades, signs, and other control devices shall be paid by the permittee; k. That said permittee and/or its successors in i�terest shall not use any part of said ove�head pedestrian passageway for any adver- tisement or display purposes, without the written consent of the City of Saint Paul and the application thereto of any advertising material or display shall be deemed prohibited by thts Ordinance; 1 . That said permittee and/or its successors ln interest shall , at all pertinent times, in the construction, maintenance, and operation of said overhead pedestrian passageway hereunder, provide respectivety -4- ��'��.��� �•a minimum vertical 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 Sibley Street, except as may be altered by the City's future street work; m. That said permittee expressiy agrees to compiy with Chapter 216 of the Saint Paul Legislative Code, as amended, pertaining to street obst�uctions; n. That said permittee and/or its successors in interest shalt complete the construction and erection of said overhead pedestrian passageway by not later than one (1) year after comnencement of con- structton. Said comnencement shall be evidenced by Public Works' receipt of a written notification thereof, and shall be dated therein, as further provided for under Paragraph (o) below; o. That said permlttee shall notify the Bridge Engineer of the Department of Public Works before and when construction starts and notify the same said Bridge Engineer when construction has been com- pleted to allow for a final inspection. p. That said overhead pedestrian passageway shall be removed by and at the sole cost and expense of said permittee and/or its successors in interest whenever the Council of the City of Saint Paul shall by Resolution determine such removal necessary in the public interest and accordingly order the removal of said structure from said location; q. That said permittee shall , within the period of ten (10) days after the publication of this Ordinance, file with the City Cterk its written acceptance of this Ordinance and agreement to be bound by all the provisions, terms and conditions thereof without limitation which wrttten instrument of acceptance and agreement shall be in the form approved by the City Attorney; r. That upon the execution of an Agreement by and between the City of Satnt Paul , the Housing and Redevelopment Authority of the City of Saint Paul , Minnesota, and the applicable building/property owners respecttng the aforesaid pedestrian passageway over Sibley Street, the permittee, the Nousing and Redevelopment Authority of the City of Saint Paul , Minnesota, shall be relieved of any further obliga- tion under the terms of this Ordinance, and the successors in interest of the permittee, the applicabie building/property owners, shall be responsible for paying the insurance premiums of said overhead pedes- trian passageway and shall also be responsible for providing the main- tenance and operation of said overhead pedestrian passageway; s. That upon the Housing and Redevelopment Authority's conveyance of its obligations under the terms of this Ordinance to the above suc- cessors in interest, said permittee's successors in interest shall furnish and deliver unto the City of Saint Paul a Surety Bond in the amount of Fifty Thousand Dollars ($50,000.00) for said overhead pedes- trlan passageway (bridge), made and executed by said permittee's suc- cessors in interest as Principal , and a Corporate Surety Company duly authorized to transact business in the State of Minnesota as Surety, to and 1n favor of the City of Saint Paut as obligee, conditioned upon the permittee's successors in interest complying with the terms and conditions of this Ordinance and also conditioned that, in the event WHITE - GTV CLERK � /���� PINK - FINANCE G I TY OF SA I NT PALT L Council � CANARY - DEPARTMENT � BLUE -MAVOR Flle NO. f , ' Ordindnce Ordinance N�. l ����� Presented By Referred To Committee: Date Out of Committee By Date -5- the permittee's successors in interest fail to maintain or repair said overhead pedestrian passageway to a reasonable standard of safety, or fail to remove saTd overhead pedestrian passageway upon order by the Council , the City of Saint Paul may undertake the maTntenance, repair or removal thereof and may recover its reasonable cost incurred thereby f rom said surety, which Surety Bond shall remain in full force and effect as long as said overhead pedestrian passageway or any part there- of remains in that portion of Sibley 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 structurat repairs or maJor maintenance work on the bridge, before any such work is carried out. Upon completion of such structural repatrs approved by the Department of Public Works, per- manent reproducible tracings shall be furnished the Department showing the work done and marked with any "as built" changes, as well as reproducible shop drawing tracings of the same; u. That said permittee shalt 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 City Attorney of the City of Saint Paut for review and, if said insurance is sufficient, said documents shall be fited with the Director of Finance � Management Services of the City of Saint Paul. Section 3. That this Ordinance shatl take effect and be in force thirty (30) days from and after its passage, approval and publication. mkb COUIVCILMEIV Requested by Department of: Yeas Nays —��1er � Publ ic Works Hozza, Pres ident In Favor Hunt Levine � Against BY Maddox nald E. aar irector (TJE/ ) ..Sl�e�+a�ter Tedesco ,S� '� ��a�. For Approved by City Attorney Adopted by Council� Date Certified P d by Coun. ' ecreta BY /�� � ' A By � Ap o by Mayor: a e � Appr d by Mayor for Sub si to`"Council By B PUBLISHED SEp 1 6 197$ ,�, � �� � � �...UU�Yqq�I� � ��°��tT' °�°� CITY OF SAINT P UL =��� ;;�,, 'w """ _'� OFFICE OF THE CITY ATTORNEY :o � a; �� i16t�lE!'ll rc -,,� �_ SUZANNE E. FLINSCH, CITY ATTORNEY °'��,,�,,n�es•�,��'`� 647 City Hall,Saint Paul,Minnesota 55102 George Latimer 612-298-5121 Mayor September 28, 1978 To: Rose Mix, City Cler . From: Richard H. Zehrin � �- � Re: Pedestrian Bridge, Block 36, District 17 Sibley Street Between Sixth and Seventh Streets Enclosed is a certified copy of HRA Resolution No. 78-9/27-4 "authorizing acceptance of City Ordinance No. 16463" which was approved by the Board of Commissioners of the Housing and Redevelopment Authority on September 27, 1978. Please note the notation as to the clerical error in the ordinance aecepted. �O HOUSlNG AND REDEVELOPMENT AUTHORITY OF THE CITY OF SAINT PAUL, MINNESOTA CERTIFICATE OF ScCRETARY The undersigned hereby certifies as follows : 1) Tnat she is the duly qualified and acting Secretary of the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota, herein called the "Local Public Agency" and the keeper of the records of the Local Public Agency; 2) That the attached Resolution No. 78-9/27-4 is a true and correct copy of the resolution as adopted an the 27th day of September , 19 78 ; 3) That the seal affixed below constitutes tY�.e official seal of the Local Public Agency and this Certificate is hereby executed under such official seal; and 4) That the undersigned is duly authorized to execute this Certificate. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the said Housinq and Redevelopment Authority of the City of Saint Paul, Minnesota, this 28th day of September , 1978 . SECRETAR � � ( 5 E A L ) • RESOLUTION NO. 78-9/27- 4 RESOLUTION AUTHORIZING ACCEPTANCE OF CITY ORDINANCE NO. 16463, GRANTING PERMISSION TO CONSTRUCT OVERHEAD PEDESTRIAN BRIDGE, BLOCK 36, COMMUNITY DEVELOPMENT DISTRICT 17 RESOLVED by the Board of Commissioners of the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota that said HRA does hereby accept and agree to abide by all of the terms and condi tions of Council File No. 271664, being Ordinance No. 16463, adop ted by the Council of the City of Saint Paul on September 7, 1978 , provided, however, that this acceptance is with the understanding and clarification that a clerical error appears in said Ordinance at Section 2 , subsection e. , wherein the reference to "Contract No. 78-111" should read "Contract No. 78-116" , and the Executive Director is hereby authorized •and directed to file a copy of this Resolution with the Clerk of the City of Saint Paul. � oM o�.: xa/i��5 ��v. �� / � EXPLANATION OF ADMINTSTRA'�IVE ORDE.I2S, A ' RESOLUTIONS, AND ORDINANCES ��Y s . � . Date: August 3, 1978 . � ,�E � E � V E Q . Ai1�: �, �r.� ��78 .� TO: MAYOR GEORGE LATIMER �� � FR: T�as J. Eggum, Public I�brks Office Engineering , gE; �Pedestrian Bridge over Sibley St. between Sixth St, snd S�venth Pl. . ,` . . , ACTI�N REQtTESTED: Permit the tbusing 8 Redevelopment Authortty to construct, operate s�d � maintain a pedestrian bridge over Sibiey St. batween the Park Squsro . CQurt Bu{lding a�d the Mears Park Apartment Building, subJect to certain conditlons as �contained in the 0rdinance. FURPOSE AND RA'1'IONALE FOR THIS ACTION: The Council by Ordtnance hss granted permission for previoualy construc- . ted padeatrian bridges; (i.e. Ord. No. 1634$ adopted S�pt. 22, 1977 for . pedmstrian. bridge over Waba�ha St. betwe�R E. Exchange and E. Tentk St.), � , . ATTACHM�NTS: � Ordinance . . , TJE/RAH/mkb . , ' ` � � lst � �� 2nd � 1 3rd �j/��� �Adopted � ----T- Yeas Nays � ��� � i HUNT LEVINE � MADDOR ���"�� � ,� . S`�6E�',.�R • TEDESCO . - PRESIDENT (HOZZA)