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275668 WHITE - YCITYCLERK °J� /���Q PINi4 - FINANCE COIIIICII IL/ V CANARY - DEPARTMENT C I T Y O F SA I N T PA ZT L BLUE - MAYOR File N O. • / r n C Ordinance N 0. ! �D�! �J Presented By ` Referred To Committee: Date Out of Committee By Date AN ORDINANCE MAKING PROVISION THEREFORE AND GR.ANTING UNTO THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF SAINT PAUL, MINNESOTA, A MINNESOTA BODY POLITIC AND CORPORATE, AND ITS SUCCESSOR5 OR ASSIGNS , PERMISSION TO CON5TRUCT, MAINTAIN AND RESTORE A RETAINING WALL ACROSS AND ADJACENT TO THE PLATTED ALLEY IN BLOCK 2, MACKUBIN AND MARSHALL'S ADDITION TO SAINT PAUL THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: � Section 1. That permission and authority are hereby granted to the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota, a Minnesota body politic and corporate and/or its successors in interest to construct, maintain and restore a retaining wall across the platted alley from the north line of Lot18 to the south line of Lot 13, Block 2, Mackubin and Marshall' s Addition to Saint Paul. Section 2. That the Director of Public Works is hereby authorized to issue necessary permits to said permittee, the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota, COUNCILMEN Yeas Nays Requested by Department of: Hunt Levine In Favor Maddox McMahon Showalter A gai n s t BY Tedesco wlson Form Approved b it ttorn Adopted by Council: Date Certified Passed by Council Secretary BY - By � Approved by Mayor: Date A by Mayor for Sub ' sio o Council By • f � � �`����� -2- for the construction, maintenance and restoration of said retaining wall according to plans and specifications approved by the Department of Public Works and at the separate cost and expense of said permittee, upon said permittee's compliance with the following conditions: a. 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 regulations of public authority having cognizance, construct, maintain and restore said retaining wall hereunder; b. That said permittee shall pay the costs for the publication of this Ordinance; c. That said permittee shall fully indem�ify, hold harmless, and defend the City of Saint Paul, its agents, officers and employees from any and all damages , claims , losses, judgments, suits or expenses and on account of all claims of whatever nature for injury to persons and/or property arising out of or connected with the construction, erection, maintenance, restoration and/or removal of said retaining wall; d. That said permittee expressly agrees to comply with Chapter 216 of the Saint Paul Legislative Code, as amended, pertaining to street obstruc- tions; e. That said retaining wall where it encroaches on the alley shall be removed by and at the sole cost and expense of said permittee whenever the Council of the City of Saint Paul shall by Resolution determine such removal necessary in the public interest and accordingly order the removal of said encroaching structure from said alley; f. That said permittee shall, within the period of ten days after the publication of this Ordinance, file with the City Clerk its written acceptance WHITE - �CITY CLERK ^)������ PINYS - FINANCE TT COl1IIC11 �r �� CANARY - DEPARTMENT G I T Y O F SA I N T PA V L BLUE - MAYOR F1I@ N O. • 0� in�znce Ordinance�'10. � (� 7� 3 Presented By Referred To Committee: Date Out of Committee By Date -3- of this Ordinance and agreement to be bound by all the provisions, terms and conditions thereof without limitation which written instrument of acceptance and agreement shall be in the form approved by the City Attorney. Section 3 . That this Ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication. COUNCILMEN Requested by Department of: Yeas Nays � Hunt �'"'"� In Favor Maddox `�/����� ,r� /7 McMahon �l` � Showalter _�/_ Against BY Tedesco �Ison Adopte y Cou il• Date OCT 7 �G8(� Form Approved City o . � C ified P sed by uncil Secret�['y BY Appr by Mayor: ` �CT g 19a� ppr by M t f Sub s o o Council sy B - �� 0 CT 1 8 1��0 .� Gt�� Q! : 12/1975 Re�i; g/B/16 .'~ .�L'T 1 t i��- , ) r' C � , '' L��'��.�t., ';1"! OF f�,t�:'11 �.!i STR�11� f i i�r�2.a, . � � k,z:S('���J'T'Oi•d5, F�Pdi.% OF.D f��t1i�Ct.S ���'yL�'�7 Date: September 3, 1980 � ��E� V E � SEA � _; 1980 M�A_�:� �1.CE TQ: MAYOR GEORGE Lt1Ti�1�:R FR: Thomas J. Eggum, Public Works Office Engineer F��: Retaining Wall Across Public Al1ey . � ACTION REQUESTEC: This ordinance would permif the Housing and Redevelopment Authority to: construct and maintain a retaining wall across the public alley bounded by University Avenue, Mackubin Street, Aurora Avenue and Arundel Street. The retain- ing wall will be located approximately 120 feet east of Mackubin Street. PU�;POSE /!,P�D P,�T I QCJAL.E FOR TN i S ACT f GN: The Housing and Redevelopment Authority as part of the residential development along the north side of Aurora Avenue made a commitment to the property owners to reconstruct the existing retaining walls on private property along the south side of the alley. The retaining wall being permitted under the ordinance would extend from the proposed new retaining wall on the south side of the alley to an existing retaining wall on the north side of the alley. 1�T'�'��r�ME��ITS: � � � � � Ordinance - TJE/RAH/dll lst �� �- �� `, 2nd �- '�,�- � � _�/ l_ / �a � i � 3rd �—��C%'- ��l Adopted ,�C� — � — �J Yeas Nays HU� �5�s� LEVI:�TE / � �l 3 ' r _ McMAHON SHOWALTER TEDESCO WILSON i PRESID�IT (MADDOX) ' ' i � �