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263492 WH17E - CI�TY CLERK . � PINK �- FINANCE GITY OF SAINT PALTL Council CANARYi� DEPARTMENT BLUE -MA1(OR F112 N O. I� � 1, � �' O in�nce Ordinance N�. �✓tt7�� Presented By Referred To Committee: Date Out of Committee By Date AN ORDINANCE AMENDING CHAPTER 207 OF THE SAINT PAUL LEGISLATIVE CODE PERTAINIPdG TO PERMITS FOR THE EXCA- VATION AND CONSTRUCTION OF AREAS, TUNNELS, COAL-HOLES, TRAP DOORS, DRIVEWAYS, SIDEWALKS AND CURBS ON OR UNDER PUBLIC STREETS, ALLEYS OR PUBLIC PROPERTY; INCREASIPlG THE AMOUNT OF THE SURETY BOND REQUIRED IN CONNECTION WITH Sl1CH PERMITS, ESTABLISHING LIABILITY INSURANGE REQUIREMENTS, AND PROVIDING FOR DEMOLITION AND RESTO- RATION UPON PERMIT EXPIRATION. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section l . That Section 207.02 (2) of the Saint Paul Legislative Code, as amended, be and the same is hereby further amended by striking out of said section, wherever the same appear, the words and figures "Five Thousand Dollars ($5,000.00)" and swbstituting in lieu thereof the words and figures "Ten Thousand Dollars ($10,000.00) ." Section 2. . That Section 207.02 of the Saint Paul Legislative Code, as amended, be and the same is hereby further amended by deleting sub-sections (3) (4) and �5) therefrom in their entirety and by substituting and adding the following five sub-sections in lieu thereof: (3) The owner of any property abutting public right-of-way or public property in which said owner desires to construct an area, tunnel , coal-hole, trap door or other opening shall furnish a comprehensive, protective, public liability insurance policy which shall remain in force and effect as long as COUNCILMEN Yeas Nays Requested by Department of: xM�c Christensen Public Works �st�� Hozza In Favor Levine - DQ�aadiG�ax P.oed 1 er A ainst BY ' Sq�naftdcex Sylvester g aniel J. D ord , Dire or Tedesco Mme.President $1c�d7�x Hunt Form Approved by City Attorney Adopted by Council: Date Certified Passed by Council Secretary BY By Approved by Mayor: Date Approved y ayor fo 0 ouncil By BY . �2� �� the area, tunnel , coal-hole, trap door or other opening or any portion thereof is maintained and located in the public`right-of-way or on public property. This liability insurance shall fully indemnify, save harmless and defend the City of St. Paul , its agents, officers and employees from any and all expenses, losses, liability, suits or demands, including legal defense costs thereof, of whatever nature, arising out of or connected with the construction, maintenance, operation, existence and/or removal of said area, tunnel , coal-hole, trap door, or other opening. � , f The liability insurance policy shall be issued by an insurance company licensed to do business in the State of Minnesota and the premium and all ex- penses incidental thereto shall be paid promptly by the property owner initi- ally and upon renewal . A certificate of this insurance policy shall be submitted to the Department of Public Works, and must be of a form acceptabte to the City Attorney. Qefore any expiration, the property owner shall deposit with the De- partment of Public Works a new certificate to replace any expiring insurance. The property owner and the City shall be named as jointly insured with limits of liability indicated as follows: Bodil In'ur Insurance (including death) in an amount of not less than 250,000.00 for all damages arising out of bodily injury to or death of one person, and, subject to that same limit for each person, in a total amount of not less than $500,000.00 on account of any one accident. Property Damage Insurance in an amount of not less than $250,000.00 for all damages to or destruction of property in any one accident, and, subject to that limit per accident, further subject to a total amount of not less than $500,000.00 for all damages to or destruction of property during the policy period. The insurance coverage shall automatically be restored immediately after the occurrence of any accident of loss from which liability may thereafter accrue, and the City of St. Paul shall be notified at least thirty (30) days in advance of the cancellation of the insurance coverage by the issuing in- surance company. (4) Any person, firm or corporation having constructed and/or who now maintains, without a permit, areas, coal-holes, trap doors, tunnels or other openings on or under any of the public right-of-way or public property of the City of St. Paul shall take out a permit therefor and shall promptly furnish to the Department of Public Works an insurance policy as described above in 207.02 (3) , and shall promptly furnish to the Department of Public l•lorks a $10,000.00 Surety Bond as described above in 207.02 (2) , said bond and in- surance to remain in effect as long as the same or any part(s) thereof are maintained in the public right-of-way or public property. , f • 1�� , ' � (3) As an alternative, the owner of property abutting such areas, coal- holes, trap doors, tunnels or other openings shall forthwith remove the same in whole, shall fill and compact the resulting void and shall re- store the public right-of-way or property affected thereby to a condition acceptable to and as required by the Department of Public Works, at the sole cost and expense of said property owner. (5) All areas, coal-holes, trap doors, tunnels or other openings on public streets, alleys or other public property must be covered with concrete, steel or cast iron devices constructed, installed and main- tained, in each instance, according to plans and specifications as re- quired and approved by the Department of Public Works. All such structural openings including their coverings shall be maintained in a safe condition by the abutting property owner. Should the Department of Public Works discover a dangerous or unsafe structure, it shall give written notice thereof to the property owner and, if ap- propriate, the tenant of the property abutting the unsafe structure. Such written notice shall aJso contain notice that if the defect has not been repaired by a licensed and bonded contractor with the Department of Public Works within thirty (30) days of the date of the notice, a public hearing shall be held before the City Council of the City of St. Paul for the purpose of determining why the dangerous or unsafe structure should not be removed, the resulting void filled and the public right-of-way re- stored at the expense of the City of St. Paul with the total cost thereof assessed to the abutting property. In the event that the property owner or tenant desires to repair the dangerous or unsafe structure, a repair permit from the Department of Pub- lic Works shall be secured and the necessary repairs completed in accor- dance with departmental directives within thirty (30) days after the date of notice. Should the property owner fail to make such repairs as deemed neces- sary by the Department of Public Works, either with or without having obtained a repair permit, then the Department of Public Works may revoke all permits and after said public hearing before the City Council , the Department may be authorized by the City Council to remove the defective structure, fill and compact the resulting,void and restore the public right-of-way at the expense of the City ofi St. Paul and assess the total cost thereof to the abutting property. (6) In the event of sale of propetty abutting o r served by such area, coal-F�ole, tunnel , trap door, or other opening, the permittee shall immediately notify .the Directo r of Public Works of the City of St. Paul of such sale, and the :purchaser shall immediately file with the Depa rt- ment of Public Works a new $10,000.00 Surety Bond and insurance policy covering the same. As an alternative to furnishing a new bond, the pur- chaser may deliver an endorsement on the original $10,000.00 bond, which endorsement must be executed by the Surety Company and the Purchaser and must provide that the Purchaser is the principat on the bond originally posted. . ( .t • ��Q�. �"i (4) (7) No person, firm or corporation shall construct or place in the public street or alley right-of-way or other public property any area, coal-hole, trap door, tunnel or other opening unless and until the abut- ting property owner has delivered to the City of St. Paul a $10,000.00 Surety Bond as described in 207.02 (2) above, public liability insurance as described in 207.02 (4) above, and has received a permit from the De- pa rtment of Public Works. Section 3. That Chapter 207 of the Saint Paul Legislative Code, as amended, be and the same is hereby further amended by adding a new Section thereto which shall read as follows: 207.08 Permit Expiration. Any permit issued hereunder for areas, coal-holes, tunnels, trap doors or other openings shall be in effect for no longer than the life of the building or structure served by the same. Such permit shall expire upon completion of demolition of the abut- ting building, structure or premises. The permittee or its successor in interest shall , concurrently with demolition of the abutting premises, demolish, fill and seal , to the satisfaction of the Department of Public Works, any area, coal-hole, tunnel , trap door or other opening serving such premises, upon securing a permit therefor from the Department of Public Works. Al1 public right- of-way or property upon or under which such opening is located shall be restored to a condition acceptable to and as required by the Department of Public Works. Section 4. That Chapter 207 of the Saint Paul Legislative Code, as amended, be and the same is hereby further amended by striking out of said Chapter, wherever the same appears, the word "Commissioner" and substituting in lieu thereof the word "Director," by striking out of said Chapter the words "Corporation Counsel ," and substituting in lieu thereof the words "City Attorney" and by striking out of said Chapter the word "Comptroller," and substituting in lieu thereof the words "Department of Finance and Management Services." WHI7E - CITY CLERK PINK - FIRANCE GITY OF SAINT PALTL Council �t�� CANqF2Y�- DEPARTMENT �I�VJE �- MAYC3R File NO. • Or in�nce Ordinance N0. �✓`�l Presented By Referred To Committee: Date Out of Committee By Date �5) Section 5. That this ordinance shall take effect and be in force thirty (30) days after its passage, approval and publication. b j h COUNCILMEN Requested by Department of: Yeas �� Christensen Public Works ��C�c Hozza .� In Favor Levine � i� A��cbi�tuc Roed 1 er � Against BY ` S�waidtr�cx Sylvester Daniel J. Dun d, Direct (DOL) Tedesco Mme.President�t6i.iQ�.ic Hunt Adopted by Council: Date JUN 1 2 ig74 Form Approved by City At ney Certified ed Council Secretary By �• , . By Approved by Ma o Date Approve�b Mayo� • Submission Council By By . weLrs�tro J�12 2 1974 WHI7E - CITY CLERK � BLUE - MA bR E GITY OF ►.SAINT PAIIL Council 26349� CANAftY�- DEPARTMENT File NO. � ''�► Ordin�nce Ordinance N 0. Presented By � Referred To Committee: Date Out of Committee By Date An ordinance amending Chapter 20'7 of the Saint Paul Legislative Code pertaining to permits for the excavation �,nd construction of areas� � tunnels, coal-holes , trap doors, driveways, '`.,sidewalks and curbs on or- und�r public streets, ��,�leys or public property; increasing the amount of� the surety bond required in connection with suck permits . THE COUNCIL�,OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1;, That Section 207. 02 of the Saint Paul Legislative Code°� as amended, be and the same is he reby further amended b�.:,striking out of said Section., wherever the same appear, th�:, words and figures "Five Thousand Dollars (�5,000.00) " ��x�.d substituting in lieu thereof the word� and figures '�wenty-five Thousand Dollars (�25,000.00) . �� ` Section 2. This ordina�,ce shall take effect and be in force thirty (30) days afte� its passage, approval and p�tblication. `'\ \ �\ �� .,,\ �� \ .� � COUIVCILMEN Requested by Department of: -- Yeas Nays �1 Butler Konopatzki In Favor Levine Meredith Against BY S�� Roedler Tedesco Mme.President B�f Hunt Adopted by Council: Date Form Approve y City Attorn Certified Passed by Council Secretary BY By Approved by Mayor: Date Approved b Mayor f ub ssi to Council By By �` J � � � - l'�' � ,,i r ��; i R�v� -rc i �t �{�� J � � � . , � � �� Gi� �� ,`� ��}",�� ','��"r �i,�14�`"�. . � t� � . i 1 7 m„x ��, i s / '" Ti ,ie, , �`v. . � .. � , .�; 1i { f ` �r 1 "� '� E y��:,��1!'�4 t ,'�'y r� . 1 _ " �.. � � � I �� l' R"4t`-2qS �+y��f�y7��Y,Y �. '�' � ', . - h r t � <;�y � +, � '�` .� � . _ r . I ; n ri , �. ^� . . ! � � . ' i'�` I �'4�� .'Ri�,�°ti�� z �. . , . �. ' . �. . - , .. t ;� f.� �y �1+� � a��,�,��'�,t� �r�.-.i - � � f �� ' � + � �. � +rr Y '� � d k r y�i�(�J�r- : . . - . � . 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MESSAGE------ ---OR-----°---------TRANSAAfTTAI �� • ❑�ozs �DBSr�DSt ❑Fu.s im. ❑�ra � rsLS ❑sas rt or ❑�roxa s ��rxx Q nrrauv�. : � -� ❑YOTJR CO�IiT ❑HAtiIN.I1fG �TSLEP�I�D �PLgAgB CALL YWIR SIGBIATOBE ❑IIiITIAL 6 PA$8�: �SS[Dffi��YOOR GLL �WANfB T0 S88 YOU ❑YOUR IIiFORMATI017 �_ �CAl6 TO!SBB YDtf �WILL CALL AGAIN �PEA YWR RSQ�Sf AT .� �B:T_Flease re't�rn �o mv office. I wi11 see f#ha� i �r,�,n�e�e is nlaced t�n th� ag�nda_ , � – � P. J, �Roedler ' S�� I ; .J . . . . . . � ..._ ...... . .. ..... ._ ... .. . . .. . .. .. _... . ._._. . .. . __.. ..... _ _..,..._... . . _. _.._..._.. _..... ._ -_.___.. y ' Y �'n'`"'^�...��"„�'� t--� a ' o (.. - , � ti 'r...�4..�s i�� w µ.� a /, , ' � � ��/�� . . t , ,, . . !,. ,. `; j(��t OFFI::E C.F C:1 � ��.,�,� � , ; . C ITY O I�`'�'�i Y�P��-�AU L ., 4 OFFICE OF THE CITY ATTORNEY I��ay 1 , 1974 R. SCOTT DAVIES biEMORANDUM T0: PATRICK ROEDLER Councilman -� -FROM: STEPHEN C . BERG Assistant City Attorney RE: Surety Bonds for sidewalks, trap doors , etc . ' here is the ordinance we spoke of last week ir�creasing the amount of the surety bond requirement for sidewalk, trap door, etc. , construction. In case anyone asks , the effect of the amendment on the cost to the contractor of obtaining the $25 ,000 bond is an increase from about $5 . 00 to $75 . I think we nned this and appreciate your introducing it soon. SCE:Ca City Ha1f, �aint Paui, Minnesofia 551�2 612 258-51 Z�