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Item 84-139 Ordinance 84-540 North Railroad ROWDate: November 13, 1984 To: City Council From: Jim Kerrigan Re: Revision of Official Map In conjunction with the Council approval to place the Burlington/ Northern Railroad right -of -way on the official map, the State law requires an Ordinance detailing the change to be submitted along with the map for recording, thus the first reading of such an Ordinance is scheduled on the November 20 agenda. HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 84 -540 AN ORDINANCE AMENDING OFFICIAL MAP OF THE CITY OF HOPKINS WHEREAS, The City of Hopkins has adopted Ordinance 73 -375 whicF relates to official maps and the effect thereof and establishing procedures in connection therewith and including location, preparation and approval of such maps and appeals thereunder. WHEREAS, the city of Hopkins has adopted an official map label€ the 1972 Official Map of the City of Hopkins, Ordinance 72 -369 in accordance with Minn. Statute 462.351 - 462.364. WHEREAS, a public hearing was held on November 8, 1984 to consi an amendment of the map. NOW, THEREFORE BE IT ORDAINED that the following land as descri below be included on the Official Map. J. SCOTT RENNE ROBERT F. MILLER City Clerk Mayor JERRE A. MILLER that portion of the Burlington Northern Railroad right -of -way lying north of Second Street N. E. and south of northerly city boundary line. City Attorney • The consideration to be paid the Contractor hereunder shall be calculated on a per passenger basis at the rate of $1.37 per passenger; it being further understood that the total to be paid the Contractor hereunder for the contract year shall not exceed $57,000.00. The Contractor's billing to the City shall specify the number of passengers charged by the Contractor for the services rendered hereunder. The fare structure shall be established by the Hopkins City Council and is subject to change during the contract period. Tickets will be provided and sold only by the City of Hopkins. All cash fees will be retained by the Contractor and all tickets will be turned over to the City biweekly. The Contractor will establish an accurate method of accounting and maintain the funds in a secure area until they are turned over to the City. The Contractor will submit a statement of corporate support for Affirmative Action and Equal Employment Opportunity. This contract includes the advertisement for bids, dated Sk.rnhPr 1, 1984 for work, labor and service which the Contractor is to furnish; the notice for bids entitled "Notice for Bids for an Advance - reservation, Shared -ride Paratransit System," including all of the provisions and restrictions included therein; the bid of the Contractor; and any modifications or changes in the terms of the contract or bid, additions to or deductions from the amount or character of the work which is to be performed, which may be agreed to in writing by the Contractor and the City. Notwithstanding anything to the contrary as stated in this • Contract, the City reserves the right to terminate this Contract on June 30, 1985, provided that the Contractor is given thirty (30) calendar days notice of such action. The Contractor further agrees to take and use all due care and take all precautions to protect the public and the riders or customers against any and all injury to either person or property, and hereby agrees to hold and save the City harmless from all damages and claims of damages which may arise by reason of any negligence of the Contractor or the Contractor's agents or employees while engaged in the performance of this Contract, including any court costs, attorney's fees, or other claims, and will indemnify the City against all claims and losses by reason of the failure of the Contractor, its agents or employees, in any respect, in the performance of the Contractor's obligations hereunder. Dated The City hereby agrees to pay for said work, labor, and service in the manner and at the time set forth in the general conditions of the Contract. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above written. by by TOWN TAXI COMPANY, INC. 1 • by by CITY OF HOPKINS Robert F. Miller, Mayor William P. Craig, City Manager