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225825y �oriaii9(i/ to City Clerk J, PRESENTED BY rN ORDINAPiCE Milton Rose 'e � COUNCIL FILE NO. 2sa5 ORDINANCE NO. (J 0 An ordinance authorizing the issuance of a permit to St. Paul Foundry & Manufacturing Company, a corporation, its successors and assigns, to construct, maintain and operate a railroad spur track for the purpose of the switching and operating of railroad cars and trains on and-oder -the same, traversing diagonally the intersections of Atwater and Mackubin Streets, in the City of Saint Paul, County of Ramsey, State of Minnesota. This 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 Orddin: SECTION I That upon compliance with the conditions hereinafter set forth, the Commissioner of Public Works is authorized to issue a permit to St. Paul Foundry & Manufacturing Company, a corporation, its successors and assigns, to construct, maintain and operate a railroad spur track for the purpose of the switching and operation of railroad cars and trains on and over the same, traversing diagonally the intersection of Atwater and Mackubin Streets, in the City of Saint Paul, County of Ramsey, State of Minnesota, the center line of such railroad spur track being described as follows: Beginning on the South line of Atwater Street a distance of approximately 55' easterly of the West line of Mackubin Street, thence in a northwesterly direction to the West line of Mackubin Street approximately 32k' northerly of the South line of Atwater Street. 1. That said Railroad spur track shall be constructed by and at the expense of said permittee, St. Paul Foundry & Manufacturing Co. under the supervision and subject to the direction of the-Commissioner of Public Works and in accordance with plans and specifications ther6for furnished by and at the expense of said permittee and approved by said Commissioner. 2. That said permittee, its successors and assigns, shall•be obligated to fully indemnify and hold harmless the City of Saint Paul and its City officers, agents, servants and employees from any and all liability on account of any and all injuries to any person or persons, or any property or properties resultant from the exercise of said permit hereunder; and that said permittee, its successors and assigns, shall at all times after the construction and during the maintenance and operation of said railroad spur track hereunder, at its or their own cost and expense, by a policy or polities of casualty insurance to be issued by a competent corporate insurer authorized and licensed to transact business in the State of Minnesota, maintain and provide insurance coverage whereunder and whereby said City, its officers, agents, servants and employees, will be indemnified by the insurer against all such liability on account of any injury or injuries to any person or persons or any property or properties arising from or connected with the exercise of said permit hereunder in the construction, maintenance and /or operation of said railroad spur track hereunder; such insurance coverage and indemnity shall be in the amount of $300,000 against liability for injury to any person and /or persons in any single accident, and in the amount of $59,000_against liability for injury to any property, or properties in any single accident, and the policies evidencing such insurance shall be approved by the Corporation Counsel. Yeas Councilmen Nays Dalglish Holland Loss Meredith Peterson Rosen Mr. Pre sident'(Vavoulis) Attest IM &42 . . . . . . . . . . . .Page 2 Passed by the Council Approved: City Clerk Form approved Corporation Counsel By << o Tn Favor A ara-i-nat 0r'r to clt7 clerk 0. ORDINANCE COUNCIL FILE NO. PRESENTED BY ORDINANCE NO. I ✓ b Page 2 of 2 3. That said permit shall be revocable by resolution of the Council of said City providing for such revocation and finding that the requirement therefor is deemed by said Council necessary; and that upon the adoption of said resolution and the service of the same by said City upon said permittee, its successors or assigns, said permittee, its successors or assigns shall be obligated so to do and shall in 90 days thereafter, at its or their own cost and expense, remove said railroad spur track from said Atwater and Mackubin Streets and restore said streets to the condition which existed in respect of the same immediately prior to the installation of said railroad spur track hereunder. 4. That said permittee shall file a bond running to the City of Saint Paul r in the sum of $5,000, conditioned to comply with all the terms of this ordinance, and to indemnify and save harmless said City from all liability, charges, loss, judgments, suits, costs or expense that may accrue to person or property, occasioned by the exercise of the permit hereunder. 5. That said permittee shall pay the cost of publication of this ordinance. 6. That said permittee shall, within 30 days after the publication of this ordinance, file its written acceptance thereof with the City Clerk. SECTION II This ordinance is hereby declared to be an emergency ordinance rendered 1 necessary for the preservation of the public peace, health and safety. SECTION III This ordinance shall take effect and be in force upon its passage, approval and publication. Yeas Councilmen Nays Dalglish Holland Loss Meredith Peterson / Mr.Pre sid t (V4vou1is)1 u '\ Attest: Mr• Vice Pre ;••n en) r City Clerk NOV 2 3 1965 Passed by the Council 6 In Favor 0 Azdnst Approved: NOV 2.3 1965 ACting Mayor 1111 A-bz Form approved Corporation Counsel By Pmisi is NOV 2 71965 L � DUPLICATE TO PRINTER PRESENTED BY ORDINANCE COUNCIL FILE NO liilteet $moo ORDINANCE NO. X58,5 An ordinrtnce autherising the i,ssuaace of a permit to St. ltal f'ouadVy i VAnufacturing Compayo a caorporatiot, its socce*sors and assignss, to oatastruct, maintain and operate a railroad spur track for the purpese,of the snitching and opsratieg of railroad asrr aqd trains on and over the same, traversing diagsnaslly the intersections of Atwater and X&O wbia Sttoots, is the City of Saint 1au1, County of jrrey, $tat& of lUelsesots. rats is an smertespy ordiwaas rendered necessary for the preservatiem of US public peace. bealth and safety. ?ho Council of the City of Saint Paul Do" Cruel I SSMON I That upon o"liancs with the conditions hereinafter set forthj, the Commissioner of public Works is aathorised to issue.* permit to St. Paul Foundry & Vaaufacaturiag company, a corporation, its successor* and assigas, to construct, rintais and operate it railroad spur track for the puryoso of the switobiaS and operation of railroad cars and trains on and wwo r the ammo, traversing diagonally the intersection of Atwater and ltacku%m ftraets, is dart City of Saint Paa1R County of Amwayr State of Kinaesota, the cues line of such railroad spur track being iescribod as follow: gagianb* on the South lift of Atwater surest a dietaaee of &pWXimtttely SS' oaatarly of the West lies of Maekabia Street, thnco in a maoctlttrsaterly direction to the Wert lien of >iawtkabia Street a"roximately 32k" aortb erly of the South line. of Atwater Street. 1. That said Railroad spar track $hail be constructed by and at the sspewtso of sold posmittos, 8t. Paul Foundry A 1i4,00fsatur1103 0e. under the *rtpervisiaa and subject to the directisn of the Commissioner of fulrlft Works =4 it accsrdaeae with Plans and specificatioss tber6ftr furnished by and at the &Ypftse of said pormittes sad approved by said Commissioner. 2. That said per"ttw : its sucasesors and ossigat, shall be obligated to fully indemnify and bold haralew<a the Jity of Saint Saul and its City offiaors, &fens, servants and employass ft m a w and all liability oo aeow0at of asy and all injuries to any porsom or parsons, or soy prop rL7 or properties resultant from the exercise of said permit hereunder; sad that said p&rmitteew its sucasssors and assign$, shall, at all times after the construction and during the maintenance aid operation of said railroad spar ttradk hereuaders at its or their own cost sad oxpoare, by a policy or polities of casualty insurasco to be issued by a eaepeteat corporate Insurer authosised and licwstsed to transact business in the ;state of .liisssmoft, maintain a" provide insarasce c vearage r bereumder send whorsiby said City, its effiawgrs, agwgsts,, servants sod eteployoss f will be indemnified by the imurer against all such liability an aocouat of +tact injury or injuries to any person or persons or say property or properties arising from or cotanected with the exercise, of said permit hereunder its the construction. mainteasnce and/or operation of said railroad spur track hereunder; such insurance coverage and imdemmity atball be In the ankat of $300,000 against liability for injure► to alp person wed /ot persons is MW single accident, and is tbo l m, at of #09,000 against liability for injury to &V property, or properties in aq siggl.e Accideat, and that policies evidencing such insurance shall be approved by the Corporation Counsel. Yeas Councilmen Nays Dalglish Holland Loss Meredith Peterson Rosen Mr.President (Vavoulis) Attest: City Clerk IN a°2 Form approved Corporation Counsel By . . .Page 2 Passed by the Council Approved: Mayor Tn Favor Against I � . •F r Saint'Paul, Minnesota, Nov. 29, 1965 To, the Honorable, the City Council, .Saint-Paul, Minn. Gentlemen: We, the undersigned, do hereby accept and agree to abide by all the terms and conditions of Council File No. 225825, being Ordinance. No. 13093, adopted -%y the Council on November 23,'1965. PT ItUL FO RY & MFG. CO. By ' ! K _ A Nov. 99 196x. - - St. 1�kul- Pbundry & Mfg. Cor, = 500 Como Ave. St. Paul, Minn. Gentlemen: We enclose a Copy of'Or cc No. 1 0932 granting you perikieeion to construct,, Maintai d oiler a railroad spur track, as _ described therein ;.aldo bill in t s f $94,75 to cover.the- ' cosh of publication of this .ordinanc -We call your s al a Lion t ftragraphs 4 and 6 of _. $action 1 Which require t filing a bo in the Mount specified, -and the filing of an ac ptance of- terjo. o£ this ordinance:.. -Both must be filed in'this o ice, Roost ,City Hall, within 30 days. If not -so filed, the or`. ce bee is void. ' - Very truly yours, ry , > City Clark _ hp i St. Paul Found & Manufacturing Co. ESTABLISHED 1863 500 COMO AVENUE ST. PAUL, MINNESOTA 55103 ED TEL. 488 -2801 December 16, 1965' Mr. Robert Gerber, Jr, Office of the City Clerk City of St. Paul 386 City Hall St. Paul, Minn. Dear Mr. Gerber: In connection with Ordinance No. 1309$ authorizing us to construct, maintain and operate a railroad spur track as described therein, we are enclosing a bond and acceptance of terms as requested. Also enclosed is our check for $24-75 to cover cost of Publication of this Ordinance. JEM:da enc . y I Very truly yours, ST, PAUL FOUNDRY & MANUFACTURING CO. .oX /7 IAe� J. E. McGrath Controller Ist- 2nd Laid over to 3rd and app pfed- Yeas Nays Yeas Nays Dalglish "N Dalglish olland -'-Holland Loss Loss Meredith 10 CN 4?v 8.4N Mered�ifh Peterson J Peterson Rosen . . ....... s ya Mr. Vice President (Rosen) .. . ... ............ Vice sident (Rosen)