226685Original to City Clerk
r
' ORDINANCE
J
COUNCIL FILE NO.
PRESENTED BY Milton Rosen ORDINANCE NO.
PAGE 2
226usz)
2.- That said-Permittee 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, erect, maintain and
operate said overhead pedestrian.passageway hereunder.
3. That said Permittee shall, at its own cost and expense, as aforesaid, construct,
and erect said overhead pedestrian passageway under the supervision and subject to the
inspection and approval of the Chief Engineer and the City Architect and fully reimburse
the City of Saint Paul, upon the receipt of proper invoices therefor, on account of all
costs and expenses necessarily incurred for inspection and engineering services by the
City of Saint Paul,,in the premises.
4, That said Permittee shall, prior to the commencement of the construction and
erection of said overhead pedestrian passageway hereunder, at said Permittee's own cost
and expense and by a competent Registered Architect or Engineer, cause to be prepared and
submi=tted-` o-said Chief Engineer and said City Architect of the City of Saint Paul; two
complete sets of proper detailed plans and specifications for said structure, which shall
be-subject to the approval of said Chief Engineer and that of said City Architect.
5. That said_Permittee, and its successors and assigns, shall fully indemnify the
City of Saint Paul against all liability on account of all causes, suits and judgments and
on account of all claims of whatever nature for injury to person and /or property arising
out of or connected with the construction, erection, maintenance and /or operation of said
overhead pedestrian passageway hereunder; and that supplemental to all other obligations
on their part, jointly and /or severally, hereunder, said Permittee and its successors and
assigns shall furnish and maintain and pay all premium and other expenses therefor, Casualty
Insurance Coverage, in a duly licensed Casualty Insurance Company to the extent of
$300,000.00 for injury to any person and /or persons in any single accident and to the
extent of $50,000.00 for injury to property in any single accident, indemnifying the City
of Saint Paul against liability on account of all claims of third persons for injury to
person and /or property arising from or connected with the construction, erection,
maintenance, and /or operation of said structure hereunder, at all times., and to furnish
competent evidence of said coverage, from time to time, to the Comptroller of the City of
Saint Paul.
6. That said Permittee and its successors and assigns shall, among other things, at
their own cost and expenses 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
the same on any part of said section of said Broadway shall be prevented at all times.
74 That said Permittee and its successors and assigns, at all times shall 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 public street areas. _
8. That said Permittee and its successors and assigns shall not use any part of said
overhead pedestrian passageway for any advertisement or display purposes and the
application thereto of any advertising material or display shall be deemed prohibited by
this Ordinance. I .
Yeas Councilmen Nays
Dalglish
Holland
Loss
Mortinson
Peterson
Rosen
Mr. President (Vavoulis)
Attest:
City Clerk
!nz 6-62 22 Form approved Corporation Counsel By
Passed by the Council
rt
Approved:
Mayor
In Favor
Against
Original to City Clerk
y �V
ORDINANCE
COUNCIL FILE NO,
PRESENTED BY Milton Rosen ORDINANCE NO.
PAGE 3
226685
.9. That said-Permittee and its successors and assigns shall, as aforesaid, at all
pertinent times, in the construction, erection, maintenance and operation of said overhead
pedestrian-passageway hereunder provide a vertical clearance of at least 20 feet between
and throughout the course of the bottom of said structure and the surface of said section
of said Broadway.
10,• That said Permittee shall complete the construction and erection of said overhead
pedestrian passageway hereunder and in accordance with the requirements hereof not later
than the 1st day of January, 19676
11. That said overhead pedestrian passageway shall be removdd by and at the expense
of said Permittee and /or its successor 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..
12. That said Permittee shall within the period of 20 days next after the effective
date of this Ordinance, file with the City Clerk, its written acceptance of this
Ordinance and agreement to be bound by the provisions, terms and conditions thereof without
limitation which written instrument of acceptance and agreement, shall be in form approved
by the Corporation Counsel.
SECTION 3
That this Ordinance be and hereby is declared to be an emergency Ordinance rendered -
necessary for the preservation of the public peace, health and safety.
SECTION 4
That this Ordinance shall take effect and be in force from and after its passage,,
approval and publication.
Yeas Councilmen Nays
Dalglish
Holland
Loss O
Worti,rse,-
Peterson
Eli
,DAN 2 61966
Passed by the Council
In Favor
ainst
'JAN 2 61966
U.-H E:�It.m:: Approved:
Attest. 3�ft° Vice Presi °ent o ° )
City Clerk 1 ` f 401 Mayor
kAl 6-62 X22 �
Form approved Corporation Counsel By r
PUBLISHER JAN 2 9 100
ti-
Original to City Clerk
ORDINANCE
COUNCIL FILE NO
PRESENTED BY Milton Rosen ORDINANCE NO.
22 -685 1
An Ordinance making provision therefor and granting unto The Toni Company, a
Minnesota Corporation, permission to construct, erect, maintain and operate an
overhead pedestrian passageway across Broadway between the intersections therewith of
4th. 'St. W. of Broadway and 4th'. St. E. of Broadway, public streets within the corporate
limits of the City.of Saint Paul, the center line of such overhead pedestrian passageway
to be approximately parallel to and 64 feet north of the north line of that portion of
4th. St. W. of Broadway and said overhead pedestrian passageway to be extended from the
existing building on the west side of Broadway to the new shipping center on the east
side of Broadway.
This Ordinance is an emergency Ordinance rendered necessary for the preservation
of the public peace, health and safety.
The Council of the City of Saint Paul Does Ordain:
SECTION 1
That permission and authority hereby are granted to The Toni Company, a Minnesota
corporation, to construct, erect, maintain and operate an overhead pedestrian passageway
across Broadway between the intersections therewith of 4th. St. W. of Broadway and 4th.
St. E. of Broadway, public streets within the corporate limits of the City of Saint Paul,
the center line of such overhead pedestrian passageway to be located approximately parallel
to and 64 feet north of the north line of that portion of 4th. St. W. of Broadway and
said overhead pedestrian passageway to be extended from the existing building on the west
side of Broadway to the new shipping center on the east side of Broadway. That the outside
dimensions of said overhead passageway shall be a maximum of twelve feet in width, and a
maximum of twelve feet in height, and the vertical clearance of the same in relation to
the surface of said section of said Broadway shall be at least twenty feet.
SECTION 2
That the proper City officers hereby are authorized to issue the necessary permits
to said Permittee, The Toni Company, for the construction, erection, maintenance and
operation by and at the separate cost and expense of said Permittee, of the aforementioned
overhead pedestrian passageway, upon said Permittee's compliance with the following
conditions:
1. That said Permittee shall forthwith furnish and deliver unto the City of Saint
Paul a Surety Bond in the penal sum of $259000.00, made and executed by said Permittee,
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 City of Saint Paul as obligee,
conditioned that said Permittee shall indemnify and hold harmless said City of Saint Paul
against all expense and liability on account of all claims, suits and judgments arising
out of or connected with the construction, erection, maintenance and /or operation by said
.Permittee , and/or its successor in interest of the aforementioned overhead pedestrian
passageway which Surety Bond shall be in such form as shall be approved by,the Corporation
Counsel, and shall have such Surety as shall be approved by the Commissioner of Finance.
Yeas Councilmen Nays
Dalglish
Holland
Loss
Mortinson
Peterson
Rosen
Mr. President (Vavoulis)
Attest:
City Clerk
-4 Corporation Counsel By
Passed by the Council
Tn Favor
Against
Approve . r'
Mayor
Rupliest. to Printer
c
ORDINANCE 226585
COUNCIL FILE NO.
PRESENTED BY Milton Boren ORDINANCE NO.
An Ordinance slaking provision therefor and granting unto The Toni Company, a
Minnesota Corporation, permission to construct, erect, maintain and operate an
overhead pedestrian passageway across Broadway between the intersections therewith of
4th. St. We of Broadway and 4th. St. Be of Broadway, public streets within the corporate
limits of the City of Saint Paul, the canter line of such overhead pedestrian passageway
to be approximately parallel to and 64 feat north of the north line of that portion of
4th. St. W. of Broadway and said overhead pedestrian passageway to be extended from the
existing building on the west side of Broadway to the now shipping center on the east
side of Broadway.
This Ordinance is an emergency Ordinance rendered necessary for the preservation
of the public peaces health and safety.
The Council of the City of Saint Paul Does Ordains
SBCTIOK 1
That permission and authority hereby are granted to The Toni Company, a Minnesota
corporations. to construct, erects maintain and operate an overhead pedestrian passageway
across Broadway between the intersections therewith of 4th. St. W. of Broadway and 4th.
St. B. of Broadway, public streets within the corporate limits of the City of Saint Paul,
the center line of such overhead pedestrian passageway to be located approximately parallel
to and 64 feet north of the north line of that portion of 4th. St. W. of Broadway and
said overhead pedestrian passageway to be extended from the existing building on the west
side of Broadway to the new shipping center on the east side of Broadway. That the outside
dimensions of said overhead passageway shall be a maximum of twelve feet in width, and a
maximum of twelve feat in height, and the vertical clearance of the same in relation to
the surface of said section of said Broadway shall be at least twenty feet.
SECTION 2
That the proper City officers hereby are authorised to issue the necessary permits
to said Permittee, The Toni Company, for the construction, erection, maintenance and
operation by and at the separate cost and expense of said Permittea, of the aforementioned
overhead pedestrian passageway, upon said Permittaets compliance With the following
conditions:
1. That said Panittee shall forthwith furnish and deliver unto the City of Saint
• - -- - i s e2s QQ nn mad# .nd executed by said Permittee,
Dapti"te to Printer
ORDINANCE 25685
Hilton Rosen
PRESENTED BY
PAGR 2
COUNCIL FILE NO.
ORDINANCE NO.
2. That said Permittee shall. at its own cost and expense and in accordance with
all applicable ordinances of the City of Saint'Pautq Statutes of.the $tat* of Minnesota
and regulations.of public authority,having cognizance, constructg erect, maintain and
operate said overhead pedestrian passageway hereunder.
3. That said Permittes shall, at its own cost and expense, as aforesaid, construct,
and erect said overhead pedestrian passageway under the supervision and subject to the
inspection and approval of the Chief &tginaer and the City Architect and fully reimburse
the City of Saint Paul, upon the receipt of proper invoices therefor, on account of all
costs and expenses necessarily incurred for inspection and engineering services by the
City of Saint Paul; in the premises. ,
4. That said Petmittee shall, prior to the commencement of the construction and
erection of said evethoad pedestrian passageway hereunder, at said Permittee's own cost
and expense and by a competent 'Registered Architect or Ragineer, cause to be prepared and
submitted to said Chief Rngioeor and said City Architect of the City of Saint Paul, two
complete sets of proper detailed plans and specifications for said structure, which shall
be subject to the approval of said Chief Ugineer and that of said City Architect.
30, That said Perwittee, and its succusaorc and assigna, shall fully indemnify the
City of Saint Paul against all liability on account of all causes, suits and judgments and
on account of all claims of whatever nature for injury to person send /or property arising
out of or connected -4;ith the construction, erection, maintenance and /or operation of said
overhead pedestrian passageway hereunder; and that supplemental to all other obligations
on their part, jointly and /or severally, hereunder, said Permittee and its successors and
assigns shall furnish and maintain and pay all premium and other expenses therefor, Casualty
Insurance Coverage, in a duly licensed Casualty Insurance CorparW to the extent of
$3001,000.00 for injury to any person and/or persons in any single accident and to the
extebt of UO&O00.00 for injury to property in any single accident, indemnifying the City
of Saint Paul against liability on account of all claims of third persons for Injury to
person and /or property arising from or connected with the construction, erection,
maintenance, and /or operation of said structure hereunder, at all times, and to furnish-
competent evidence of said coverage, from time to time, to the Comptroller of the City of
Saint Paul,
6; That said Permittee and its successors and assigns shall, among other things, at
their own cost and e"nse, make adequate and effective provisions therefor and drain all
moisture: rain and anew which shall accumulate thereon by proper devices through said
and /ei spilling of
kwUcate to Printer
ORDINANCE 225685
COUNCIL FILE NO.
PRESENTED BY Hilton Rosen ORDINANCE NO.
PAGE 3
4. That said Permittee and its successors and,assigne shells as aforesaid, at all
pertInint times, in the construction, erectienk maintenance and operation of said overhead
pedestrian passageway'hereuriderprovids a vertical clearance of at.least 20 feet between
and throughout the course of the bottom of said structure and the surface of said section
of said Broadway. ,
10.' That said Permittee shall complete the construction and,ereetion of said overhead
pedestrian passageway hereunder and in accordance with the require" ats hereof not later
than the -lst day of January, 1967.
11. That said overhead pedestrian passageway shall be rem "d by and at the expense
of said Permittee and /or its successor in interest Whenever the Council of the City of
Saint maul *hall by Resolution determine such removal necessary to the public interest
and accordingly order the removal of said structure from said 10catton.,
12. That said Permittee shall within the period of 20 days .next after the effective
date of this Ordinance, file with the City Clerk, its written acceptance of this
Ordinance and agreement to-be bound by the provisionss, terms and conditions thereof without
limitation which written instrument of acceptance and agreement, shall be in force approved
by the Corporation Counsel.
8$Cr10W 3 ,
That this Ordinance be and hereby is declared to be an .emergency Ordinance rendered
necessary fair the preservation of the public peace, health and safety,
88CT10H 4
a
That this Ordinance shall take effect and be in force from and after its passage,
approval And publication.
R
" �ttin. 31f 966.
Tlia Toni Cci r-
Div. bf,The ailiette-Co:, . -
Toni Bldg.# 332 Rosabel-St., - -
St. Ptula X#4.
=., Attn: Mr. Ames P.
C raster..
Dear. Sir:
".. we enclose a copy of Ordi. a No. = . , granting you
perxissi6n to Construct and operate ver pedestrian passages
_ across �3r
oadway as s described there - bill in the s= of,
OO to covet-the cost of- on o hfs ordinance'.
We call yout spe attent to agrephs 1,. 5 and i2 _
of Section .2 w'ai ah requir he Oiling a bona in the amount _
specified, insuraneo, and o filing o h. acceptance of the terms
of this ordinance, which m be file n this office, R00%
City HLU) within s. of lod, the, drdina,noe - b*60WO -
void. '
_ Vary truly ytrirs ;- -
City Clerk
a
r
I st � � � � , � 2nd
Laid over to
3rd and app—j- — Adopted— ( y
Yeas Nays Yeas Nays
�alglish `Dalglish
\Holland
:�V- loll nd
Loss \ Loss
Meredith r) \1 Meredith 61
Peterson 4 16685 Peterson
— I�os�e�' � `•R'a5en�
"'•'`'"
s
�Pres'dent'VavdU�is ::• •:••••••iylr:• =PresidentT.Yvo'
t i4'�• .esideAt.¢tosen) ::ii•..::n:::: x ii, i� :e3ui �:�a9i:::
mecca Pxeaident (Rosen)