190230NT
Odginal to City Cleric .. • '' �� ` r
�- ORDINANCE
COUNCIL FILE NO.
19100
PRESENTED BYL ORDINANCE _NQ -11V7�
t
Council File No. 190230— Ordinance No.
1144E 1' Adrian P. Winkel— I
An ordinance authorizing the issuance of a permit to
Northwest Publications, Inc. a Delaware corporation authorized
and licensed to do business in the State of Minnesota, to
construct and maintain a sub - surface liner slat- conveyor tunnel
for carriage of newsprint and comparable newspaper materials in
the west side of Minnesota Street and prolongations of the same
from said permittee's now proposed new warehouse at the lower
railroad track elevation adjacent to Second Street to,said"--
permittee's existing press room building adjacent to the south -
west corner of Minnesota Street and Fourth Stret, designated as
Mrr�n�esa' Street, within the corporate limits of the City
of Saint Paul, Ramsey County, Minnesota. This is ar mergency,
ordinance rendered necessary for the preservation off the public
peace, health and safety.
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section 1. That the Commissioner of Public Works is author-
ized to issue a permit to Northwest Publications, Inc. a Delaware
corporation, to construct and maintain a sub - surface liner slat -
conveyor tunnel for carriage of newsprint and comparable news-
' paper materials in the west side of Minnesota Street and prolonga-
tions of the same from said permittee's now proposed new warehouse
at the lower railroad track elevation adjacent to Second Street
to said permittee's existing press room building adjacent to the
southwest corner of Minnesota Street and Fourth Street, designated
fd as, Street, upon the line, at the depths and of the
iameter shown upon the tunnel layout, Sheet S -1, and'the log of
5 soil borings and typical tunnel sections, Sheet S -2, both dated
November 13, 1958, as prepared and issued for layout approval of
said tunnel, by Ellerbe & Company, Architects and Engineers, Saint
Paul, Minnesota, filed herewith,.within the corporate limits of the
City of Saint Paul, Ramsey County, Minnesota, subject to the
following conditions:
Yeas
T _ 1. That said permittee shall forthwith fur -
W nish and deliver to the City of Saint Paul a surety
bond in the penal sum of $10,000, 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
1 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
„i account of all claims, suits and judgments arising
out of or connected with the construction, erection.
maintenance and /or operation by said permittee and/
'r or its successor in interest of the aforementioned
H. sub - surface liner tunnel, 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.
Councilmen Nays Passed by the Council
Gibbons
Halvorson
Holland In Favor
Marzitelli
Mortinson Against
Peterson
Mr. President (Dillon)
Attest Ir — Z; W�
City Clerk
1000 12 -64 aOEDO. 8
Approved:
Mayor
i_"
. _ I X230
li Sys
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 regula-
tions of public authority having cognizance, con-
struct, erect, maintain and operate said sub-
surface liner tunnel hereunder.
3. That said permittee shall, at its own
cost and expense, as aforesaid, construct and
erect said subsurface liner slat- conveyer tunnel
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 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
sajdi sub'- surface liner tunnel hereunder, at said
permitteers own cost and expense and by a competent--
Registered Architect or Engineer, cause to_.be.pre-
pared and submitted to 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 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 claims, causes
of action, suits and judgments on account of injury -to
person and /or property arising from or connected with
the construction, erection, maintenance, operation, and/
or removal of said sub - surface liner tunnel hereunder;
and that supplemental to all other obligations on their
part, jointly or severally, hereunder, said permittee and
its successors and assigns shall furnish and maintain,
and pay all premiums and other expenses for, casualty
insurance coverage by a duly licensed casualty insurance
company in the amount of $300,000.00 against liability
for injury to any person and /or persons in any single
accident, and in the amount of $25,000.00 against
liability for injury to property in any single accident..
and in said amounts and for said purposes, respectively,
indemnifying said permittee, its successors and assigns
and 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, operation and /or removal of said
sub - surface liner,tunnel, hereunder, and shall furnish
competent evidence of said covera §e, -from time to time,
to the Comptroller of the City of Saint Paul.
r.
2
Original to City Clark 1 - � f l �)23®
J ORDINANCE
COUNCIL FILE NO.
PRESENTED BY ORDINANCE NO..v
6.• That said permittee shall complete the con-
struction of said,sub- surface liner tunnel hereunder
and in accordance with the requirements hereof not later
than thelst day of September 1959.
7. Said sub- surface liner tunnel shall be
removed, discontinued and backfilled under the super=
vision and subject to the approval of the.Commissioner
of Public Works and the Commissioner of Parks, Play-
grounds and Ppblic Buildings, 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 and discontinuance necessary in
the public interest and accordingly order the removal
and discontinuance of said tunnel from said location.
Provided,- nevertheless, that no such resolution shall be considered for adoption
except upon a public hearing thereon held and conducted by the Council after ten
days' notice of such hearing given by registered mail to said permittee or its
assignee.- in ;.,the • preinises - _-,-•-
- -� 8. That said permittee shall within the period
of ten 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 2. This ordinance is hereby declared to be an
emergency ordinance rendered necessary for the preservation of
thepublic peace, health and safety.
Section 3. This ordinance shall take-effect and be in
force upon its -passage, approval and publication.
Yeas Councilmen ys
Holland /f
Mortinson
Peterson
Mr. President (Dillon
Attest:
City Clerk
1000 12 -54 8
Passed by the Council
FEB 2571959
Tn Favor
A gainst
Approv d : FEB 2 5 1959 .
Ma_ yor _,, c
Duoeate to Printer � q 1230
ORDINANCE t
PRESENTED BY
COUNCIL FILE NO.
ORDINANCE NO
An ordinance authorizing the issuance of a permit to
Northwest Publications, Inc. a Delaware corporation authorized
and licensed to do business in the State of Minnesota, to
construct and maintain a sub - surface liner slat- conveyor tunnel
for carriage of newsprint and comparable newspaper materials in
the west side of Minnesota Street and prolongations of the same
from said permitteees now proposed new warehouse at the lower
railroad track elevation adjacent to Second Street to said
permitteei's existing press room building adjacent to the south*
t corner of Minnesota Street and Fourth Streit, designated as
Streat, within the corporate limits of the City
Saint Paul, Ramsey County, Minnesota. This is a mergency
ordinance rendered necessary for the preservation o the public
3 peace, - health and safety.
THE COUNCIL OF THE CITY Of SAINT PAUL DOES ORDAIN:
Section 1. That the Commissioner of Public Works is author-
ized to issue a permit to Northwest Publications, Inc. a Delaware
corporation, to construct and maintain a sub- surface liner slat-
conveyor tunnel for carriage of newsprint and comparable news-
paper materials in the west side of Minnesota Street and prolonga-
tions of the same from said permittee's now proposed new warehouse
at the lower railroad track elevation adjacent to Second Street
to said permittee's existing press room building adjacent to the
�- sou east corner of Minnesota Street and Fourth Street, designated
a _t, upon the line, at the depths and of the
# dig er shown upon the tunnel layout, Sheet S -1, and the log of
soil borings and typical tunnel sections, Sheet S -2, both dated
r November 13, 1958, as prepared and issued for layout approval of
said tunnel, by Ellerbe & Company, Architects and Engineers, Saint
Paul, Minnesota, filed herewith, within the corporate limits of the
City of Saint Paul, Ramsey County, Minnesota, subject to the
following conditions:
Yeas
Mr
Attest:
1. That said permnittee shall forthwith fur-
nish and deliver to the City of Saint Paul a surety
bond in the penal sum of $10,000, glade and executed
by said permittee as principal and a corporate surety
company duly authorized to transact business in the
State of Minnesota# as surety, to and in favor of the
City of Saint Paul, as obligee, conditioned that said
permittee shall indemnify and hold harmless said City
of Saint Paul against all expense and liability on
account of all claims, suits and judgments arising
out of or connected with the construction, erection.
maintenance and/or operation by said permittee and/
or its successor in interest of the aforementioned
sub - surface liner tunnel, which surety bond shall be in
such form as shall be approved by the Corporation Counsel
and shall have such surety as shall be approved by the
Counc1A;RfflpissioW1&sof Finance. Passed by the Council
Gibbons
Halvorson
Holland In Favor
Marzitelli
Mortinson Against
Peterson
President (Dillon)
Approved:
City Clerk
1000 12 -54 .K 3
Mayor
I L
it + J •- r - aj - ; . - - - ,�
2. That said- pormittee ,shall, at, its. own
= cost aind expense ,° and', in accordance with .91.1
applicable ordinances "of- the City of Saint„ PaUl',
Statutes 4f the State` of Minnesota, -.and riogula.
tions, of .public authority-having cognizance, con=
- - struct, erect, maintain,and operate said sub-,., ' t
surface liner "tunnel hereunder.
3e `. That said permitt6e' shell, at .iti awn
cost and expense', as. afore`sa.id, construct and
;erect said -'sub- surface liner ,slat - conveyer tunnel
under the.. supe,rvision-and subject to the - inspection
-
and approval- of the Chief Engineer and the City.
,Ardhitect,, ,and fully reimburs -e the'City of Saint
Paul, upon receipt of proper . i._nvoices therefor,"
on account of all costa and. 'es�penses, .fibcessar�lyy,
.incurred for_ - inspect_ion ,and engineering, services .
"by-the City �of Saint' Paul i': f p -the' promises: "
'4._ -That_ said .permittee, -shall;. prior, to the
commencement of the,constructibn and,$roction of,
_ • aid' sub- surface- liner - tunnel hereunder, at said
i
pexmttee's own cost and 'expenseTrand bjr a competent
' Regtstered'Archi.-te*Ct or Engineer-- cause ;to be-pre-
.-pored and submtte'd'' to said Chief Engineer and said }
_City Arch iitect 'of the -City of Saint Paul', -tWo cdmplete
= sets of = proper detailed plans and _spe 'Ifi,cations -for
`said 6trUdture; - which shall:. be 'subject to the approval
:of .-said, -Chief EnginQOr -and 'said 'City- Architect.
5.`' That se id per;ni.ttee, and'its succesoors and I
;ass3.gns4 shall ,fully indemnify!. the City of Saint Paul
-against all, ,.liab.ili:ty on account OUall, Claims, .causes
of action, suits and JUdomenta �on account of ,injury' to
person and /or property - Arising, from or,'conn+e.cted with, �
the - construction, erection, maintenance,, .operation, and/,
-or removal, of iaid+sub- surface` 1inex. tunnel hereunder; �
and that supplemental, to'ell other obligations on their
_ part', jointly or;- severa.l'ly,- hereun0o.c, ;said permi.ttee and
its successors end assigns shall furnish- and maintiin,
-rand ,pay- ail premiums and' other expenses, for, casualty
,insurance'coveraga by a dulyy-.licensed- casualty insurance
cQmpany.,;in: the amount of $300,000.00 against liability
for injury to any person and /or' persons U any single, .
accdent,-and in the amount of $25,000.00-against
i -
-liability'-for injury.to property in any single accidenttp
and in 8,oid ,aimounts and "for said purposed, respectiveljr,
'indemnifying• -sad pesmittee, its successor5 and'assigns
.'and •the City of.-Saint Paul against liability on•acccunt
-of all - claims, of 'third parsons for injury to ,person and/ -
AT proporty arising from or connected -with the construction,.
erection, ' mai.ntenence;- operation and /or ' emo.vail- of said _
sub - surface , liner tunnel,' hereunder, .And shall furnish
competent evidence of Bald coverage,, from tin* to tine,, 7 �.
to the .Co troller .of,',
mp tho • City 'of Sai.nt'_,Paul.
2`
Ic
DuDllcate to Printer
PRESENTED BY
19� 1230
ORDINANCE
COUNCIL FILE NO.
ORDINANCE NO.
6. That said permittee shall complete the con-
struction of said sub +surface liner tunnel hereunder
and its accordance with the requirement, hereof not later
than thelst daffy of September 1959.
faCe liner 7. Said said sub""ndrbackfil].ed shall be
removed, discontinued a
vision and subject to the approval of the Commissioner
of Public Works and the Commissioner of Parks, Play-
grounds and Ppblic Buildings, 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 and discontinuance necessary in
the public inteeto�nse�dctunnellfrom said locatio,nl
and discontinuance
Provided, nevertheless, that no such resolution shall be considered fo
except upon a public hearing thereon held and conducted by the Council
days' notice of such hearing given by registered mail to_said permittee
.,o�� r.r,ec in_Fic rrbmi.cc a,_. '—e►.a..a.�.._ ,..- ��"'� "'+`'.. --
r adoption
after ten
or its
8. That said permittee shall within the period T
of ten days next rafter 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 2. This ordinance is ryereby declared to be an
emergency ordinance rendered necessary for the preservation of
thepublic peace, health and safety.
Section 3. This ordinance shall take effect and be in
force upon its pasmgge, approval and publication.
Yeas Councilmen 6 Nays
Ile-
`fxibe— N
-%I�lvt�rsvar
Holland
*trr—z e i
Mortinson
Peterson
Mr. President (Dillon)
Attest:
City Clerk
1000 12 -54 + 8
FEB 2 3, 1959
Passed by the Council
In Favor
O A gainst
Approved: FEB 2 5 1959
Mayor
Saint Paul, Minnesota
March 2, 1959
To the Honorable, the City Council
Saint Paul, Minnesota
Gentlemen:
We, the undersigned, do hereby accept and agree to abide by all the
terms and conditions of Council File No. 190230, being Ordinance No. 11445,
adopted by the Council on February 25, 1959•
NORTHWEST PUBLICATIONS, INC.
By I
Mr. Thomas L. Carlin
The bond requested in your letter will be furnished by Cathcart & Maxfield
and is being transmitted directly from then to your office.
�, L.. C,
ORIGINAL CITY OF SAINT PAUL \
TO PAYOR OFFICE OF THE COMPTROLLER w
RECEIPT N° `958`
t-------------------- - - - - -- 9�t
RECEIVED OF----- - - - - -- ---
�) -------------------
goo
FOR - - - - -- '�_ -_ = - - - - -�
--------------- - - - - -- I ----------- .� � -----------------------------------
---------- --- -'- -" - - -- - - --- - -1 ° a 3 ° ' - -- - - - - - -- --------------- - - - - --
CITY COMPTROLLER
500 6.31
BY--_-"- - --__-"- °-
.- .
is 02
:. 2nd
. .q
Laid over to
3rd and app- y�7 Adopt
:��eCourcy Nays
Yeas Nays
DeCourcy
`Holland
Holland
Mortinson
Peterson l� }
eterson
C)
Rosen
\� Winkel
- -Rosen
Winkel
Mr. Dillon
Mr. President Dillon
(President
.19(� 1 00 s