215828It-
ORDINANCE
.f ?ria y al to City Clerk
imcil File No. 215828— Ordinance No.
{.819 —By Milton Rosep-
O I N—' - ,,, ,kdinance granting permission to E.d �
,it , Paaer ]Box Company to con -
iS'•s -vcrhead pass; -,,,way across NO.
q �f o•. .T ,'t en �; ' bullding
S i4 tt+lk. ;,c `fG an D9c ro that '
;b fit
PRESENTED BY . NO.
AN ORDINANCE GRAN
PAPER BOX COMPANY
PASSAGEWAY ACROSS
BUILDING KNOWN AS
BUILDING KNOWN AS
MINNESOTA.
PING PERMISSION TO KAPLAN
TO CONSTRUCT AN OVERHEAD
FAIRFIELD AVENUE FROM THE
22 EAST FAIRFIELD TO THAT
23 EAST FAIRFIELD, SAINT PAUL,
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section 1. That permission and authority are hereby granted
to Kaplan Paper Box Company to construct an overhead passageway
across Fairfield Avenue in the City of Saint Paul from that building
known as 22 East Fairfield to that building known as 23 East Fairfield
and also known as the Cherry - Burrell Building.
Sec. 2. That the Commissioner of Public Works is hereby authorizef,
to issue a permit for the construction of said overhead passageway to
said Kaplan Paper Box Company for the-construction of said overhead
passageway upon its compliance with the following conditions, viz:
1. Said permittee shall construct said overhead passageway
entirely at its own expense, under the supervision and to
the satisfaction of the Commissioner of Public Works, and
said overhead passageway shall be constructed in accordance
with all applicable ordinances of the City of Saint Paul,
statutes of the State of Minnesota, and regulations of
appropriate public authorities.
2. Said permittee shall, upon receipt of proper invoices
therefor, fully reimburseuVie City of Saint Paul on account
of all costs and expenses -_Timessarily incurred for inspection
and engineering services by the City of Saint Paul in the
premises, and shall further reimburse said City for the
publication of this ordinance and all resolutions passed
in relation hereunto.
3. The said permittee shall provide for the resurfacing,
in accordance with the plans and specifications of the
Department of Public Works,,of that part of Fairfield
Avenue and all other public streets and alleys in the City of
Saint Paul which may be disturbed as a result of the aforesaid
construction, and shall properly protect all excavations made
in the streets both day and night so as to avoid all damage
or injury to person or property; and, further, shall properly
fill and tamp said streets to avoid settling, and shall restore
said streets to their original condition.
4. Said permittee, after the inception of said work, shall
prosecute the same continuously with diligence, and fully
complete said work to the satisfaction and approval of said
City, on or before May 1, 1964.
Yeas Councilmen Nays
Dalglish
Holland
Loss
Mortinson
Peterson
Rosen
Mr. President (Vavoulis)
Attest:
1M 8-82 22
Passed by the Council
Approved:.
City Clerk Mayor
Form approved Corporation Counsel By ,
In Favor
A yalnst
OrieIr. -A to city Clerk
_ "'"0RDINAN C E
COUNCIL FILE NO
21528
PRESENTED BY ORDINANCE NO. O
, 2
5. Said permittee expressly agrees and undertakes to fully
indemnify and hold harmless the City of Saint Paul, its agents,
officers, and employees from any and all damages, claims,
losses, judgments, suits, or expenses arising out of or
occasioned by the performance of the work contemplated by
this permission and authority.,
6. Said permittee shall not proceed to construct said
overhead passageway unless and until said permittee shall
have -fully complied with the insurance and bonding provisions
hereinafter contained: That said,permittee shall furnish a
bond to the City of Saint Paul in the sum of $15,000.00 con-
ditioned to comply with all the terms of this ordinance and
to indemnify, 'save harmless and otherwise protect said City
from,all liability, loss, judgments, suits, costs, charges,
and expense that may accrue to persons or property occasioned
by the making and construction of the aforesaid overhead
passageway or arising out of the same; further, said permittee
shall provide public liability and property damage insurance
and shall protect the permittee and the City of Saint Paul
from all claims or damages for personal injury, including
accidental death, as well as claims for property damage which
may arise from the construction, use and operation of said
overhead passageway across Fairfield Avenue, which public liability -
insurance shall be in an amount not less than $100,000.00 per
person.,for injuries including accidental death, and subject to the
same limit for each person in an amount of not less than $200,000.00
on account of any single accident or incident, and property damage
insurance in an amount not less than'$50,000.00 for each accident
and an aggregate "amount of not less than $100,000.00, which -said
policies of insurance or certifieates,,relating thereunto shall
be filed with the Comptroller of the City of Saint Paul.
7. Said permit shall be granted herein on the condition that
the outside dimensions of said overhead passageway shall be a
maximum of 7.5 feet in width and a maximum of 9.0 feet in
height and, further, that the vertical clearance of the same
shall be a minimum of 16.5 feet in relation to the surface of
the existing section of Fairfield Avenue in said City.
8. The said permittee shall within ten days after the passage
of this ordinance, file a written acceptance thereof with the
City Clerk.
Sec. 3. That this ordinance shall take effect and be in force
30 days from and after its passage, approval and publication.
Yeas Councilmen Nays
Dalglish
-- Helland --
j Loss
Mortinsan 10
Peterson
Rosen
Mr. President (Vavoulis)
Attest: l; /tt I Z� 107 a
City Clerk
IAA 8-82 22
Form approved Corporation Counsel By
Passed by the Council
I i
jAH 2 1964
Tn Favor
Jan: 6, 1963.' :
Kaplan Paper Box Co., _
130 S. Wabasha St.,
St., Paul, Minn.
Dear Sirs -
We enclose a copy of ordinance 9. granting you
permission to construct an overhead passa k across Fairfield Avenue
from the building known as 22 E a 1d- hat building known as
23 E. Fairfield; also bill in a sum X24. o cover the cost of
publication of this ordinanc
We call your speoi attention Paragraphs 6 and 8 of
Section 2 which require 'the ing of a nd in the amount specified,
also insurance, and ing ptance of the terms of this
ordinance. which-= a iled in office, Boom 386, City Hall,
within ten days. f not so f ed, the ordinance becomes void.
Very truly yours,
City Clerk
2n )x
Laid over to
3rd and app pted-
Yeas eas Nays Yeas ' Nays
Dalglish Dalglish
- Eeglaud— -EkAh nd--
Loss Loss
MoEtingan Mortinson
Peterson Peterson
Rosen Rosen
Mr. President Vavoulis Mr. President Vavoulis
PUBLISHED— 41-6 `t