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269927 Wjil.��= CITV CLERK /��(� �tp-e+ •PIN. FINANCE /` «�� C I T Y O F s A I N T PA ZT L Council pd�r �t.,,; CANARV --DEPARTMENT � BLU� -MAYOR File NO. + • -� O/ f�liZ/LfZ/!�`iG Ordinance N 0.�_"X,��c_ .f Presented By ' f Referred To Committee: Date Out of Committee By Date AN ORDINANCE MAKING PROVISION THEREFOR AND GRANTING UNTO THE HOUSING AND REDEVELOPMENT RUTHORITY OF THE CITY OF SAINT PAUL, MINNESOTA, A MINNESOTA CORPORATION� AND ITS SUCCESSORS OR ASSIGNS, PERMISSION TO CONSTRUCT, MAINTAIN AND OPERATE THE FOLLOWING OVERHEAD PEDESTRIAN PASSAGEWAYS OVER PUBLIC STREETS � WITHIN THE CORPORATE IIMITS OF THE CITY OF SAINT PAUL; AND 1) ACROSS EAST SEVENTN PLACE BETWEEN THE INTERSECTION THERE- WITH OF MINNESOTA STREET AND ROBERT STREET, SAID OVERHEAD PEDESTRIAN PASSAGEWAY TO BE EXTENDED FROM THE EXISTING BREMER BUILDING ON THE SOUTH SIDE OF EAST SEVENTH PLACE TO DONALDSON'S ON THE NORTH SIDE OF EAST SEVENTH PIACE. 2) ACROSS RQBERT STR�ET BETWEEN THE INTERSECTION THEREWITH OF EAST SEVENTH PLACE AND EIGHTH STREET, SAID OVERHEAD PEDESTRIAN PASSAGEWAY TO BE EXTENDED FROM EXISTING DONALO- SON'S ON THE WEST SIDE OF ROBERT STREET TO THE METRO 3QUARE BUILDING ON THE EAST SIDE OF ROBERT STREET. 3� ACROSS CE�AR STREET BETWEEN THE INTERSECTION THEREWITN OF EAST FOURTH STREET AND EAST FIFTH STREET, SAID OVER- ,, HEAD PEDESTRIAN PASSAGEWAY T0 BE EXTENDED FROM THE ' EXISTING ATHLETIC CLUB BUILDING ON THE EAST SIDE OF CEDpR STREET TO TNE MINNESOTA MUTUAL LIFE BUILDING ON THE WEST SIDE OF CEDAR STREET. 4) ACROSS EAST FOURTH STREET BETWEEN THE INTERSECTION TNERE- WITH OF CEDAR STREET AND WABASHA STREET, SAID OVERHEAD PEDESTRIAN PASSAGEWAY TO BE EXTENDED FROM THE EXISTIDIG MINNESQTA MUTUAL IIFE BUILDING ON THE NORTN SIDE OF EAST FOURTH STREET TO THE DEGREE OF IiONOR BUILDING ON THE SOUTH SIDE OF EAST FOUR7H STREET. COUIVCILMEIV Requested by Department of: Yeas Nays Butler Hozza In Favor Hunt Levine Against BY , Roedler Sylvester • Tedesco Form Approved by City tt ney Adopted by Council: Date Certified Passed by Council Secretary BY By � ' . Approved by Mayor: Date Ap ved by Mayor for b i i Council By BY • • , _�_ '�i• ��j�,"��'i i`Cr� THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section i. That permission and authority he�eby are granted to the Housing and Redevelopment Authority of the Ctty of Saint Paul, Minnesota, a Minnesota corporation and/or its successors in interest to construct, maintain and operate the foilowing overhead pedestrtan passageways over public streets within the corpo�ate limPts of the Ctty of Saint Paul; and i) across East Seventh Riace between the intersectton therewith of Minnesota Street and Robert Street, said overhead pedestrian passageway to be extended from the existing B�emer Building on the south side of East Seventh Place to Donaldson's on the north side of East Seventh Place. 2) across Robert Street between the intersection therewith of East Seventh Place and Eighth Street, said overhead pedestrian pas- sageway to be extended f rom existing Donaldson's on the west side of Robert Street to the Metro Square Building on the east side of Robert Street. 3) across Cedar Street between the intersection therewith of East Fourth Street and East Fifth Street, said overhead pedestrian passageway to be extended from the existing Athtetic Club Buiid- ing on the east side of Cedar Street to the Mtnnesota Mutuai Life Building on the west side of Cedar Street. 4) across East Fourth Street between the intersection therewith of Cedar Street and Wabasha Street, said overhead pedestria� pas- sageway to be extended from the existi�g Minnesota Mutual Life Building on the north side of East Fourth Street to the Degree of Honor Building on the south side of East Fourth 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 constructTon, maintenance, and operatton of said overhead pedestrian passageways ac- cording to the plans and specifications approved by the Department of Pubiic Works and at the separate cost and expense of said permittee, upon satd pe�mittee's compliance with the following conditions. a. That said permittee and/or its successors in i�terest shall , at its own cost and expense and in accordance with alt applicabie ord- inances of the City of Satnt Paul , statutes of the State of Minnesota and regulations of public authorit�i having cognizance, construct, main- taTn, and operate said overhead pedestrian passageways hereunder; b. That said permittee shali pay the costs for the publication of thts ordinance; � , -3- � < . � ��:�'�� c. That said pe nnittee shatl pay the costs of administration, enginee�ing, and i�spection incu�red by the Department of Public Works due to this undertaking, said costs a�e estimated to be a sum of Six Hundred Doliars (5600.00) for each overhead pedestrian passageway noted above and shall be accounted for under sepa�ate Department of Pubiic Wo�ks Project Numbe�s; d. That said permittee shali fu�nish the Department of Public Works all documents of record, for each overhead pedestrian passageway, that are a part of each 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 permittes shall construct each ove�head pedestrian passageway to the sattsfactton of the Director of Public Works and in accordance with approved plans and specifications of the Nousing and Redevelopment Authority of the City of Saint Paul , Minnesota. Copies of said plans and specifications for each overhead pedestrian passageway hereunder are to be filed with the Department of Public Works prior to biddi�g. Such construction shall be made tn strict compiiance wtth the Ame�Tcan Association of State Highway and Transportation Offictals (AASHTO) Specifications, as amended, and the Uniform Butlding Code and be authorized unde� a butlding permit issued by the Department of Community Services, Division of Housing and Building Code Enforcement; f. That said pern►ittee and/or its successors in interest shall fully indemnify, hold harmiess, and defend the City of Saint Paul, its agents, officers and employees from any and all damages, claTms, losses, judgments, suits or expenses and on account of all ciaims of whatever nature for injury to person(s) and/or property arising out of or con- nected with the construction, erection, matntenance, operation and/or removal of each overhead pedestrian passageway hereunder; and that sup- plemental to all other obiigations, on their part, ,jointly and/or severally, f�ereunder, said permittee and/or its successors in interest shall furnish and maintain and pay all premiums and other expenses there- for, Casualty Insurance Coverage, with a duly licensed Casualty Insurance Company to the extent of $5�0,000.00 for injury to any person and/or persans in any singie incident, and to the extent of $200,000.00 for damage to property 1n any single acctdent, indemnifying the City of SaTnt Paul against liabitTty on account of all claims of third persons for inJury to person(s) and/or proper�y arising from or connected with the construction, erection, maintenance, ope�ation and/or removal of said structures he�eunder, at all times, and to furnish competent evidence of said coverage, from time to time, to the Oirector of Finance and Management Services of the City of Saint Paul ; g. That said permittee shail not p�oceed with the applicabie con- structton unless and until said permittee shall h�ve fully canplied wTth the provisions regarding insurance and indemnification contained in the Department of Publtc Works, City of Saint Paul "Standard Supplemental Specifications for Mighway Construction," dated Septembe� 1 , 1976, Section numbered 1305.2 for each overhead pedestrTan pa�ssageway noted above. For the pu�pose of this Ordinance, the aforesaid Section of said Specifications shall be read as though the word "permittee" was substituted for the word � � -4- ��;�� "contractor" wherever same appears therein. Section 13�5.2 of the Depart- ment of Public Works, City of Saint Paul "Standard Supplerr�ntal Specifica- tions for Nighway Constructlon" dated September 1 , 1976 is hereby incor- porated 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 effec- tive provisions therefor and drain all moisture, rain and snow which shali accumulate thereon by proper devices through each overhead pedestrian passageway noted above and in a manner so that the flowing and/or spilltng of same on any part of said sections of said public streets or private property shall be prevented at all times. Said permittee and/or its successors in interest shall maintain and operate each overhead pedestrian passageway at its sole cost and expense in a safe condition for pedestrian travel , such maintenance to include, but shail not be limited to, glass, floor, metal trim, and hardware cleaning, polishing, and repiacement; roof maintenance; repainting; light buib replacement and light fixture cleaning; and the supply of heated and cooted air within each bridge to maintain temperature comparable to that normaliy maintained within heated and air-conditioned rental office spaces; i . That said permittee and/or its sutcessors in interest shall , at atl times, construct and maintain ail of the supports of each overhead pedestrian passageway noted above entirely within the ITnes of the sub- Ject private 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 the above overhead pedestrian passageways shall make necessary the clostng of certain public streets or any part thereof; ail expenses incurred by the Traffic Bureau in furnishing, installing, or removing barricades, signs, and other control devfces shall be paid by the permittee; k. That said permittee and/or its successors in interest shall not use any part of the above overhead pedest�ian passageways for advertisement or display purposes, without the written consent of the City of Saint Paul and the appltcatfon thereto of any advertising material or display shall be deemed prohiblted by this Ordinance; 1. That said permittee and/or its successors in interest shall , at all pertinent times, in the construction, maintenance, and operation of each overhead pedestrian passageway hereunder, provide respectively a minimum vertical ciearance of at least 17' 3" on the bridges across Cedar Street and across East Fourth Street and at least 17' 4" on the bridges across East Seventh Place and across Robert Street between and throughout the course of the bottom of saTd structures and the surface of said sections of public streets, except as may be aitered by the City's future street work; m. That saPd permittee expressty agrees to comply with Chapter 216 of the Saint Pau) Legtslative Code, as amended, pertaining to street obstructions; n. That said permittee and/or its successors in interest shail complete the construction and erection of each overhead pedestrian � �7� i � � w •.�„_ � E� '4�I . passageway by not later than o�e (1) year after commencement of construc- tion. Satd commencement shall be evidenced by Public Works' receipt of a written nottfication thereof, and shall be dated therein, as further provided for under Paragraph (o) belaw; o. That said permittee shall notify tfie B�idge Engineer of the Department of Public Works before and when construction has been com- pleted to aliow for a finai inspection of each overhead pedestrian passageway hereunder; p. That each overhead pedest�ian passageway hereunder shall be removed by and at the sole cost and expense of sald permlttee and/or its successors in interest whenever the Councii of the City of Satnt 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 shalt , within the pe�iod of 10 days after the publication of this Ordinance, file with the City Clerk its written acceptance of this Ordinance and ag�eement to be bound by all the provisions, terms and conditions thereof without timitation which written 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 Saint Paul, the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota, and the applicable building/property ow�ers respecting the aforesaid pedestrian passageways noted above� the per- mittee being the Housing and Redeveiopment Authortty of the City of Saint Paui , Minnesota, shali be relieved of any further obligation under the te�ms of this Ordinance, and the successors in interest of the permittee, i.e. the applicable building/property owners �respecting the aforesaid overhead pedestrian passageways as noted above shall be responsible for paying the insurance premiums for the overhead pedes- trian passageway(s) connecting their buildings and also for providing the maintenance and operation same; s. That upon the Housing and Redevelopment Authority's conveyance of its obligations under the terms of this Ordinance to the above successors in interest, said permittee's successors in interest shall furnTsh and deliver unto the City of Saint Paul a Surety Bond in the amount of Fifty Thousand Dollars ($50,000.00) for each completed over- head pedestrian passageway (b�idge) hereunder, made and executed by said permittee's successors in interest as Principal , and a Corporate Surety Company duly authorized to transact business in the State of Minnesota as Surety, to and in favor of the Ctty of Saint Paul 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 the pe�mittee's successors 1n interest fa11 to maintain or repair said overhead pedestrian passageway to a reasonable standard of safety, or fail to remove said overhead pedestrian passageway upon order by the Council , the City of Saint Paul may under- take the maintenance, repair, or removal thereof and may recover its �easonable cost incu�red thereby from said surety, which Surety Bond shall remain in full force and effect as long as said overhead pedestrian passageway or any part thereof remains tn that portion of public right- .� �WHI7E - CITV CLERK � � � P1NK - FINANCE CO11I1C31 'i • �,`H� CANARV - DEPARTMENT GITY OF SAINT PAUL �� BLUFi� - MAYOR FIIC NO. � �`J�� ► Ordindnce ordinance N0. � � Presented By Referred To Committee: Date Out of Committee By Date of-way as shown on plans to be filed with the Department of Public Wbrks. The Surety Bond shall be t� form as shall be app�oved by the City Attorney, and shaii have such surety as shall be approved by the Director of Finance and Management Se rvices; t. That said permittee and/or its successors in interest shall submit proposed plans and specifications to the Department of Publtc Works for re- � � view and approvai of any intended structurat repairs or ma,jor maintenance work on each bridge before a�y such work is carried out. Upon canpletion of such structural repairs approved by the Department of Public Works, per- manent reproducible tracings shail be furnished the Depa�tment showi�g the ' work done and marked wtth any "as built" changes, as well as reproducible shop drawing tracings of the same; w That said permittee shall submit the necessary insurance docu- ments to the Office Engineer of the Department of Public Works for each overhead pedestrlan passageway hereunder. The Office Engineer in turn shall submit said documents to the City Attorney of the City of Saint Paul for review and, if said insurance Is sufficient, said documents shall be appropriateTy filed with the Director of Finance and Ma�agement Services of the City of Saint Paul. Section 3. That this Ordinance shall take effect and be in force thirty (30) days from and after its passage, approvat and publication. mkb COUNCILMEIV _ Requested by Department of: Yeas Nays Butler � Publ iC Wo1'ks Hozza In Favor Hunt � - Levine �_ Against BY � Roedler Sylvester Daniel J. D ord, Direc r (TJE/R�}i) Tedes �� Adopte Council• Date N�r/ 3 �Sn Form Approved by Ci y Attorney tified by Co cil Secretiery BY .� Ap ro by Mayor: � at M NOV 4 �9TT App v d by Mayor for Subm si t ouncil By By PUBLISHED N OV 1 G 1977 - V l�l V 1 : J„,G��7 /, Rev. : 9/8/76 � FY.PI,1'�?�3t-�TTON Or' [�,v��III`IiSTRA'I`IVF ORTT�R�, `,�':��``� Ms�s..<:°".�fc. � I�SOLU'TTO4�S , :`:NL) Oi:llIN��1CLS - _�� P�T�^h '��'Tf�� ,ATE �� '� - ur��r _ , � �:,_«��.,= s �'r� '� Date: September 28, 1977 — — I ��:; � � O.�__ �:: � _.__-� __._ � ��_ -_ 7 T0: M11YOR GEORGE LATIMER p;r°f�'cx ,� �_...�.. • �;!��,;al �.�..,. __.....' . l. ._ J / FR: Public Works Office Engineering —�'" ° �� Pedestrian Bridges over: E, Seventh P1 . bettiveen �linnesota and Robert Sts. � Robert St. between E. Seventh and Eighth Sts. . Cedar St. between F. Fourth and E. Fifth Sts. E. Fourth St. between Cedar and Wabasha Sts. ACTION RFQUE5TED: � 1Jould permit t.he Housing and Redevelopment Authority to construct, operate and maintair, these various pedestwian bridges across city street right-of-way, subject to c�rtain conditions as contained in the Ordinante. •� . PURFO�F RND R�ITIONALL FOR Ti?TS lyCTI�N: The Council by Ordinance h�s granted permission for previously constructed pedestrian bridges; (i .e. Ordinance Na, i5619, adopted May 8, 1974 for , Uedestrian •bridge over Fifth St. bet�veen Minnesota and Rabert Sts.) ' �TTACFiMENTS: Ord i nance TJE/RAH/jm . OM Q1: Z2/�.975 , � ;�' Rev. : 9/8/76 EXl?LANATION OF ADMINISTh,P.T.T.VE ORD�;RS, ��,��y � `" �SULUT iONS , ANU ORLI�IANGES ' ��i �� nate: September 28, 1977 _ . , . .,.-�. . ,,i , r� .. ,r J . a , . �� Tp; MAYOR GEORGE LATTMER " FR: Public Works Office Engi�eering �� Pedestrian Bridges ove�: E. Seventh �'t. between Minnesota and Robert Sts. � Robert St. betNeen E. Seventh and Elghth Sts. - Cedar St. between E. Fourth and E. Fifth Sts. E. Fourth St. between Cedar and Wabasha Sts. . ACTION REQUESTED: Wouid per�it the Housing a�d Redevelopment Authority to construct. operate and inaintain these various pedestrian bridges across city street right-of-way, subject to certain conditions as contained irt the Ordinance. � PURPOSE F,ND RATIONALE FOR THIS ACTION: The Council by Ordinance has granted permi�sion for p�eviously constructed pedestrian bridges; (i .e. nrdinance No. 15619, adopted May 8, 1974 for . pedestrian •bridge over Fifth St. between Minnesota and Robe�t Sts.) . � � � ,`-,' ATT��CT�.MFNTS: Ord i nance TJE/RAH/Jm . .`° � > �. ist �O�l� — Z�a I��— � 3rd ��c�__� Adop ted � . Yeas Nays BUTLER HOZZA �T 1 .•��.�� ' J LEVINE / ROEDLER t` TEDESCO PRESIDENT (SYLVESTER)