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201365original to City Clerk w _.� RAP, PRESENTED BY Council File No. 201365— Ordihance No.3 11945 —By Milton Rosen — An ordinance authorizing the issu- ance of a permit to Omaha Iron & Metal Company, its successors and assigns, to construct, maintain 'and operate a railroad spur track for the purpose of the switchin*�and operating of railroad cars and trains on and over the same 'in Edward 'Street, in the City of Saint Paul, County of Ramsey, State of Minnesota. This is an emer- gency ordinance rendered necessary for the preservation of the public peace, health and. safety_, -,;- _,_ An ordinance authorizing the issuance of a permit to Omaha Iron & Metal Company, 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 over the same in Edward Street, 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 Ordain; SECTION 1 That upon compliance with the conditions hereinafter set forth, the Commissioner of Public Works is authorized to issue a permit to Omaha Iron & Metal Company, its successors and assigns, to construct, maintain and operate a railroad spur track for the purpose of the - switching and operation of railroad care and - trains on and over the same in Edward Street, 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 West line of Edward Street a distance of approximately forty -eight (48) feet northerly of the North line of Fillmore Avenue, thence easterly across Edward Street to the Last line of Edward Street 6 distance of approximately forty =eight (48) feet.northerly of the North line of Fillmore Avenue. 1. That said Railroad spur track shall be constructed by and at the expense of said J permitee, Omaha Iron & Metal Company, under the supervision and subject to the direction of'the Commissioner of Public Works and in accordance with plans and specifications there - for'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 indem- nify 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 here- under; 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 here- under, at its or their own cost and expense, by a policy or policies of casualty insurance to be issued by a competent corporate insurer authorized and licensed to transact busi- ness in the State of Minnesota, maintain and provide insurance coverage whereunder and whereby said City, its officers, agents, servants and employees, will bd 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 sai& 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 X25,000 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. 3. That said permit shall be "revocable by resolution of the Council of said City pro- viding for such revocation and finding that the requirement therefor is deemed by said Coun- cil 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 success- ors 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 Edward Street and restore said street to its condition which existed in respect of the same immediately prior to the installation of said railroad spur track hereunder. Yeas Councilmen Nay DeCourcy Mortinson Peterson Rosen ,4 E _. Mr. President ( �► Attest: . — )� - Citf Clerk 1M 8 -59 QD.8 Passed by the until APR 18 1961 i Tn Favor C_ A gainst _ Approv P P I- Tqff f Mayor j P_UBLISHEI)_)L— � / 9� v` Duplicate to Printer ORDINANCE COUNCIL FILE NO. 2013 PRESENTED BY Ani ordinance authorising the issuance of a permit suoQeasor* and asmigns, to construct,. maintain and o puzgbee of the mdtching and operating of railroad c in Adward Street, in the City of Saint Paul, County is in emergency ordinance rendered neoestsary for the health and safety: The Council of the (pity of Saint Paul Does Ordains. SECTION 1 ORDINANCE NO. o Omaha Iron & Metal Company, its Karate a railroad spur track for the re and trains on and over the some ,f Ramsey, State of 11 imsmota.- This preservation of the public peace, That upon oompl.iance with the conditions hereinafter set forth, the Commissioner of Public Works is authorised to issue a permit to Omaha Iron & Metal Gonpa�Yp its successors and assign*, to construct, maintain and operate a railroad spur track for the purpose of the switching and operation of railroad curs and trainer on and over the same in Bdward Street, in the City of Saint Paul, County of Unsay, State of Minnesota, the center line of such railroad spur track being described as followat Beginning on the West line of lard Street a distance of approximately forty -eight (48) feet northerly of the Itorth line of ] illmore Avenue, thence easterly across Edward Street to the East line of ]ward Street a distance of approximately forty -eight (48) feet.northerly of the North line of Fillmore Avenue. I., That said Railroad opur, track shall be constructed by and at the eVense of said permiteey Omaha Iron & Metal Cospany, under, the saapervi lion and subject to the direction of the Commissioner of Public Workss and in a000rdance with plans and specifioations them. for furnished by and at the expense of eaid pernittee and approved by said Coxidesioner., Z. That said permittee, its successors and assigns., shall be obligated to fully indem` nii`y and hold harmless the City of Saint Paul and its City officers, agents, servants and employees frosa any end all liability on account of any and all injuries to ark* person or persona, or any property or pmpertios resultant from the exercise of said permit here- under; and that said peradttea,, its ssuc cesiore and aw dgm, shall,, at all tiaes after the construction and during that maintenance and operation of said railroad spur tragic here- under, at its or their own cost and expen",, by Bra policy or policies of casualty insurance to be issued by a coVatent corporate insurer authorized and licensed to transact bapi+ noses in the State of Vi.nnesotati.' maintain and provide inravrue coverage whe vunder and whereby said City, its office3rs, agents, dervantas and omployees., will bd irAemrdtied by the insurer against all such liability on,accountof aMr injury or injuries to any person or personm, or any property or propertiea" arising from or connected with then exercise of said permit hereunder in the construction,, wtintenance and/or operation of said railroad spur track h"underl such insurance coverage and indemnity shall be in the amount of $300,000 against liability for injury to any person and /or persona in any single accident, and in the amount of $25,000 against liability for injury, to any property or properties in any single accident, and the policies evidencing Bauch i.nssurmice shall be approved by the Corporation Counsel: 3., That said permit shall be revocable by resolution of the Council of said City pro - viding for such revocation and finding that the regarwout therefor is deemed by said Conic oil nacesaary; and that upon the adoption of said resolution and the service of the saws by said City upon said permittee, its *successors Cr assign$, said permittee, its succese -i ors or assigns shall be obligated so to coo and shall, in 90 days thereafter, at its or their min cost and eVense, remove said railroad spur track fma said Edward Street and restore said street to its condition which existed in respect of the sane immediately prior to the instillation.of said railroad .spur track hereundeiro Yeas Councilmen Nays DeCourcy !Kim rtins Peterson Rosen Mr. President 0- Attest: City Clerk 1M s -59 Ows Passed by the ouncil APR 18 1961 Tn Favor ,c Against Approved: APR 18199`9 Mayor April 24, 1961, Saint Paul, Minnesota. To the Honorable, the City Council Saint Paul, Minnesota. Gentlemen and Madam: We, the undersigned, do hereby accept and agree to abide by all the terms and conditions of Council File No. 201365, being Ordinance No. 119+5, adopted by the Council on April 18, 1961: i :,7s�G00 co ar a hall '•'; save tl�hed. to :. �Yle a `bon —~-- _ . �°'�ena h°�►Iess sa do�pZS,� d .WC � .. � �� ;rr thbt may $ C tY f all the g to the Gi / �• t��,�i a eider, Y aaas'u® t© rO� al.i' I1 - text ° Y of he t d Pex ttee Parson .or fiYt3�,, abarhie Ord n 'eu2, 3n / _ .• - Per shell Pampa 4'ae� lq °e: and. tha;- n �c ttee ahezZ pay, the coat ' ocoadloned #a �udSment© Ptarlee there fn dey°s action o the eero e�'�?Ite, t 'h the Olt Jr after 'the Pub th3e. °mina of This O Clerk, t� � nce. he Pz,,,,6 �vatton � hereby deQ2 $ECgIa on of This o nce'f i a { the P4bil, .Pea° to � e an mer 4'hja °rd s hea � and, .a$ Q�3` ord��oe render,,, ... - cetion��iauaa. shs SN �ecaeaa ;.,i�. d `take effect i.n` force upon •its ;l�a$eage, approv and. Pub., 4. That said permittee shall file a bond running to the City of Saint Paul, in the a=te sum of $5,000, conditioned to comply with all the terms of this ordinance, and to in- demnify 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 2 This ordinance is hereby declared to be an emergency ordinance rendered necessary for the preservation of the public peace health and safety. SECTION 3 This ordinance shall take effect and be in force upon its passage, approval and pub- lication. , Laid over to I /A, 3rd and app Adopte Yeas Nays Yea Nays DeCourcy DeCourcy Holland - HWH"d- Loss .00, (� Loss mortiemver- Mortinson Peterson Peterson Rosen Rosen Mr. President Vavoulis Mr. President Vavoulis 8 201365