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)