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258530 Orisinsl to City Clerk � , ` � �� C� RDINANCE �5�53� � � � COUNCIL FILE NO PRESENTED BY u-�- ORDINANCE NO �`�� An Ordina.nce Granting Permission to W. J. Ebertz to Grade� Surface and Pave Ebertz Court from its Intersection with Ba.ttle Creek Road to a Cul-de- sac Approximately 400 Feet from Said Intersection and� Furtheri to Construct Public Sanitary Sewer and Service Connections in Said Street. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1. That permission and authority are hereby granted to W. J. Ebertz� 2028 Upper Afton Road, Saint Paul, Minnesota, 55119, to grade� surface and pa.ve Ebertz Court from its intersection with Battle Creek Road to a cul-de-sac approximately 400 feet from said intersection� and, further, to construct public sanitary sewer and service connections in said street. Section 2. Tha.t the Commissioner of Public Works of the City of Saint Paul is hereby authorized to issue a permit to W. J. Ebertz to perform the above-described work, upon and subject to the following provisions, terms� and conditions: (a) Tha.t said permittee sha11, as consideration for the De rtment of Public Works acting on permittee's ,.. �:.,�.r� ,. ..�- :.. �►��:app��ca�i vn, pay al 1 co s ts incu�red .by the Department in administration, engineering, and in- spection of the total project or any part thereof completed, said costs shall be accounted for under Department of Public Works Project Number G-2009, and partial monthly billings or total billings for services rendered sha.11 be at the discretion of the Department of Public Works. (b) Tha.t said permittee sha.11, to the satisfaction of ` the Department of Public Works, dedicate or cause ` to be dedicated to the City of Saint Paul such easements as ma.y be required by the permit resolu- tion for slopes, cuts and fills as specified Qn the plans prepared by the Depa.rtment of Public Works. Yeas Councilmen Nays Passed by the Council Butler ��Conway Tn Favor Levine Meredith Sprafka Against Tedesco Mr. President (McCarty) Approved• Attest: � City Clerk ayor �� Form�pproved Corporation Counael By � . � � - �� ° 2 . (c) Tha.t said permittee sha.11 pay the cost of publi- cation of this ordina.nce and all resolutions or ordina.nces passed in relation to this ordina.nce. (d) That said permittee sha.11 construct the improvement entirely at his own expense under the supervision of the Department of Public Works, and in strict accordance with the plans and specifications pre- pared by the Department and the City of Saint Paul Department of Public Works Specifications for Street and Sewer Construction as amended. Such plans and specifications sha.11 be identified and marked as Public Works Project Number G-2009, Ebertz Court, as on file in the Department of Public Works . (e) That said permittee, after the inception of said work, shall pros;ecute the same continuously, with diligence, and fully complete said work to the satisfaction and approval of the Department of Public Works on or before November 1, 1972 . (f) Construction must be performed by a Contractor approved by the Department of Public Works . (g) Tha.t said permittee shall not proceed with con- struction unless and until said permittee sha.11 ha.ve fully complied with the provisions regarding insurance and indemnification contained in the City of Saint Paul, Department of Public Works Specifi- cations for Str�et and Sewer Construction, dated April 1, 1959, ection numbered 1.44 of said specifications, as amended, applicable to contractors . For the purpose of this ordina.nce, the aforesaid section of said specifications, number 1.44, as amended, shall be read as though the word "permittee" was substituted for the word "contractor", wherever the same appears in the aforesaid Section 1.44, as amended; said Section 1.44, as amended, of the Specifications for Street and Sewer Construction in the City of Saint Paul is hereby incorporated herein by reference as fully and as completely as i£ set forth herein verbatim. Proof of compliance with provisions of the aforesaid section shall be in such form as the Corporation Counsel of the City of Saint Paul may direct. (h) That said permi.ttee shall properly, protect al1 ex- cavations ma.de in the streets, sidewalks, and boule- vards both day and night so as to avoid all damages or injury to persons or property. (i) Tha.t said permittee sha.11 furnish the Department of Fublic Works all documents of record that are a part of this project or incidental to its execution includ- ing, but not limited to, addendums, "as built" plans and profiles, and tracings . ! + � . • � • , �� 53� � 3. (j ) Tha.t said permittee shall notify the Construction Engineer of the Department of Public Works five (S) working days before starting work, and not start until receiving notice to proceed from Construction Engineer after all the requirements of the resolution and ordina.nce have been satisfied. The project shall be subject to inspection during the construction of � the improvement, and the Construction Engineer sha.11 be notified when the improvement has been completed to allow for a final inspection. (k) Tha.t said permittee shall give advance notification to the Traffic Bureau of the Department of Public Works if the construction of said improvement sha.11 ma.ke necessary the closing of Battle Cree� Road or part thereof, and tha.t all expenses incurred by the Traffic Bureau in furnishing, installing or removing of barricades, signs and other control devices, sha.11 be paid by the permittee and sha.11 also be accounted for under Department of Public Works Project Number G-2009. (1) Tha.t said permittee sha.11, during the term of this permit, restore and repair all property, whether public or private, dama.ged or which ma.y be dama.ged due to the construction of said work. (m) Tha.t said permittee shall furnish a bond to the City of Saint Paul in the sum of Thirty Thousand Dollars ($30,000.00) conditioned to comply with all the terms of this ordina.nce and to indemnify and save ha.rmless said City from all liability, loss, judgments, suits, costs, cha.rges and expense tha.t ma.y accrue to persons or property occasioned by the ma.king of the improve- ment or arising out of the same. (n) Tha.t said permittee and its successors and assigns shall fully indemnify and hold harmless and defend the City of Saint Paul, its agent�, officers, and employees 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 performance of said work contemplated by this permission and authority. (o) That said permittee sha.11 submit the required bond and insurance documents to the Office Engineer of the Department of Public Works . (p) Tha.t the Council of the City of Saint Paul hereby expressly reserves the right to revoke this permit whenever the permittee or its successor in interest is in default, or whenever, in said Council' s opin- ion, the public interest will be served by such revocation. � o�a s�cie,c�e:k �� RDINANCE Q . � - COUNCIL FILE NO ��v�� PRESENTED BY ORDINANCE NO �� '� 4. Section 3. That said permittee sha.11, within thirty (30) days after the passage of this ordina.nce file a written acceptance thereof with the City Clerk. Section 4. This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication. MaY 2 4 19)'� Yeas Councilmen Nays Passed by the Councii Butler � ��Conway-- � �� Levi�� Tn Favor Sprafk� A gainat �� MAY � 4 197� �_ p.�; t . Vi�e Presi n Approved• Ci Clerk ay r �� : Form approved CorperatioM Counsel By PUBI�I�HED MAY 2 71972 DoyUna te Psma� , , . ', . � � � C� RDINANCE . COUNCIL FlLE NO 2�853� . PRESENTED BY ORDINANCE NO �S� �,�? � �� '.� .�• � � '��R � �� R+'�'� � � �� +�! �� +i �. �'��• � "�t �F � � �� I '' �� , , � � �� t� � M�I�+� ��.� � �� : � ��""��'�"r`�.�� rr�. � � � � �i��'� � �1�I�t � ��' s�wr a�i � �t sw� �t. .ry�r��... ��t�t �. � � � � � � �� #�wrd !�r �wr a� �i� si �� .�� +� ��rf�a�t l�wt �s�l�t,� � ,�w,� s�,�, t�► t�, �� p�c�+rls#�ws• t�r• �i t�iftt+r�s# �s} 7�E s� �#� si�tit is �r�M�ast#�r � � �� " �� a��i�� ,� +� � , � � �� I��a � � � �s � � �1i�� c+��p � +r�s 3 � � �r a� '�b� �mrr�r i�w►js� �ac +i��„ �a�rt�t� �w�� t�t� �ac #�st �i.�I�i�r � �'r�� l �t � t�r r� � � �l�rl�e �. ' �� ''�,�� G� �' l+M�ls� �s,� +i� +�r �e ii�� tiis �t s�� "" �"�� !�� !�►� ��• � aM ,E#ils �r s�r�wa#��wi r�r �� '� �► � �I�t �wE �� Yeae Councilmen Naya Passed by the Coun��i Butler �aaConway ��e Tn Favor Meredith sp� A gainst Tedeec� Mr. Preaident (McCarty) APProvecl: Atteat: City Clerk �ayor �� , Form s�proved Corporat,ion �ounsel B� � - �58�� ' 2 . (c) That said permittee shall pay the cost of publi- cation of this ordinance and all resolutions or ordinances passed in relation to this ordinance. (d) That said permittee shall construct the improvement entirely at his own expense under the supervision of the Department of Public Works, and in strict accordance with the plans and specifications pre- pared by the Department and the City of Saint Paul Department of Public Works Specification.s for Street and Sewer Construction as amended. Such plans and specifications sha11 be identified and ma.rkecl as Public tiJorks Project Nu.mber G-2009, Ebertz Court, as on file in the Department of Public Works. (e) That 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 the Department of � Public Works on or before November l, 1972 . (f) Construction must be performed by a Contractor approved by the Department of Public Works . (g) That said permittee shall not proceed with con- struction unless and until said permittee sha.11 have fully complied with the provisions regarding insurance and indemnification contained in the City of Saint Paul, Department of Public Works Specifi- cations for Str�et and Sewer Construction, dated April 1, 1959, ection numbered 1.44 of said specifications, as amended, applicable to contractors . For the purpose of this ordina.nce, the aforesaid section of said specifications, number 1.44, as amended, sha.11 be read as though the word "permittee" was substituted for the word "contractor", wherever the same appears in the aforesaid Section 1.44, as amended; said Section 1.44, as amended, of the Specifications for Street and Sewer Construction in the City of Saint Paul is hereby incorporated herein by reference as fully and as completely as if set forth herein verbatim. Proof of compliance with provisions of the aforesaid section shall be in such form as the Corporation Counsel of the City of Saint Pau1 ma.y direct. (h) That said permittee shall properly, protect a11 ex- cavations made in the streets, sidewalks, and boule- vards both day and night so as to avoid all dama.ges or injury to persons or property. (i) That said permittee shall furnish the Department of Public Works all documents of record that are a part of this project .or incidental to its execution includ- ing, but not limited to, addendums, "as built" plans and profiles, and tracings . - . � . ' , � � ��3� ,, . 3. (j ) That said permittee sha11 notify the Gonstruction Engineer oF the Department of Public Works five (5} working days before starting work, and not start until receiving notice to proceed from Construction Engineer after a11 the requirements of the resolution and ordinance have been satisfied. The project sha.11 be subject to inspection during the construction of the improvement, and the Construction Engineer shall be notified when the improvement has been completed to allow for a fin.al inspection. (k) That said permittee shall give advance notification to the Traffic Bureau of the Department of Public Works if the construction of said improvement shall make necessary the closing of Battle Creed Road or part thereof, and tha.t all expenses incurred by the Traffic Bureau in furnishing, installing or removing of barricades, signs and other control devices, sha11 be paid by the permittee and shall also be accounted for under Department of Public Works Project Number G-2009. (1) That said permittee shall, during the term of this permit, restore and repair all property, whether public or private, dama.ged or which may be damaged due to the construction of said work. (m) That said permittee shall furnish a bond to the City of Saint Paul in the sum of Thirty Thousand Dollars ($30,0OO.OU) conditioned to coznply with al1 the terms of this ordinance and to indemnify and save harmless said City from al1 liability, 1oss, judgments, suits, costs, charges and expense that ma.y accrue to persons or property occasioned by the ma.king of the improve- ment or arising out of the same. (n) That said permittee and its successors and assigns shall fu11y indemnify and hold harmless and defend the City of Saint Pau1, its agent, officers, and employees against a11 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 performance of said work contemplated by this permission and authority. (o) That said permittee sh.a11 submit the required bond and insurance documents to the Oftice Engineer of th� Department of Public Works . (p) That the Council of the City of Saint Paul hereby expressly reserves the righ.t to revoke this permit whenever the permittee or its successor in interest is in defaul.t, or whenever, in said Council' s opin- ion, the public interest will be served by s�.ch revocation. DsPlieta so r,1.s�r • • � . � ., . , .. � � � ORDINAIITCE � y 25853(� •� COUNCIL FILE NO . PRESENTED BY ORDlNANCE NO._.—L`�� D �. 1�� 3. '�t �rtia ��alt�t s�r,l�., �d�.� #�tr� ��1 �� 1�s ��s �1s a r�l�w ��r �t ��i��t� C�t�ts �+e�ct.f� 4, T�.� ot+d�i�e' air�i.i ta�CS r��rct �rd t� ia t�t �t��r �� rs f� as� s�ft.rac its �a�a�� ,a��, amd �il#acact�rs. Yeas Councilmen xay8 P�a b� the co��;� MAY 2 4 197t Buti� �cConway �� Tn Favor Levine �- a A�;� Sprafka �- w�Y a 4 �� Mr. President (McCarty) APProv�l: Attest: Citq Clerk Mayor � ; Form sp�roved Corpc►ration �ounsel8y , . . Phone 735-0715 . � �� > . EETZ Excavating Contrcctors 2028 Upper Afton Road St. Paui, Minnesota 55119 i`;a tr � �'� _�,'72 . .�:Q�l�irw.'1�i �/��A:�'.l+-lil: , ;'.00L. G��F� ..1+1.�,� i.8.11 St. Fa.�.�l., i-iirlr:eso'�.�, �",102 ::e: ?�scl � • ,-,-�,F,1 �.�_o:z ;y �.i�.•� :�o:.ara�ale i;oi:,::c:1.1en: ? 'r.er��y accec± ;reur 'c"c:�nc�l resol��tior. ;�- ?��-�:1 a_;: f�C1nF'll.'�ll 1'.2„�r '' yy�` _...�'' `�G�iv"C� ;;Q ,,.:B.T ::C'7 �f 1 Gs '�e�ars very ';,ru�;� � �J�� . �. � v . � �1-.!�/,��, • '�l)vr liG�•rlij4i,.�.lr �/ r � � -t ?a` Cn-t � �� O d"' A�'t7 C� �'1 r� �.... _ 1=- �� O �'`� � _"�'i � n l77 ..°''3 t't,) J� �; '1 } � � ;. .i � ,�` :��. � {• �> `+- � � ' G� �h � �� M&Y 31, 1972 W. J. Ebertz Cont. Co., 2028 Upper A3'ton Road, St. Paul, Minn. Dear Sir: We enclose a capy of Ordinance No. 151Q6, granting you permisslan to grade, surface and pave �."bertz Couxt from its intersectian with Battle Creek R�ad to a cul-cLe-eac appxoxi- mately ZFQO feet. from said intersection; also 'biLt in th� sum ot' $50.�+U to cover the cost o� publica,tian of this ord7.na.nce eund also I�eso�ution C. F. 25f3�31 perta,3.nin� to the same mattex. We cal1. youx speci�.7. attention to Paragraph �n c��' Section 2 wh3ch requires the filing of a bond in the amount specified, and also to Section 3 �hieh requixea the filing of an acceptance of the terma of the oxdinanc� iu this office, Roan 386, City Ha7..l, within 30 da3r�. If riot so liled, the� ordinance becon�s void. Yery tzvly y+ours, C3ty Clerk hP DUPLICATE TO PRIN7ER ��"""^�q��4'"� CITY OF ST. PAUL �OENCIL N0. ��_a OFFICE OF THE CITY CLERK COUNCIL RESOLUTION—GENERAL FORM PRESENTED BY COMMISSIONER DATF G7HEREAS, An Ordinance C. F. N�c.�.��'"; granting permission to W. J. Ebertz, 2028 Upper Afton Road, 5aint Paul, Minneso�a 55119, to grade, surface �nd pave Lbertz Court from its Inter- section ��aith Battle Creek P.oad to a cul-de-sac a�proximately 4-00 feet from said inters�ction �.nd, further, to construct �ublic sanitary sewer and service connections in said street has b�en �re�ared and introc3uced to the Co�ncil of et�.��y of Saint Pau1, and will be adopted on M�Y ;� 4 1�l' to be�even ua11y on JUN 2 6 1972 ; no�v, therefore be it ��E�OLV�D, Tl�.at j�ending the said Ordinanc.e Uecoming effective, �he �epartment of Public G/1ark� is hereby authorized and c�irected to issue a permit to v�. J. �bertz to grade, �urface ancl pave said street, and construct publ�.c sewers in said location, subject to th� t-s � onditions and requirements as set out in �rc�inance C. F. No�c�� ' pending before the Council of the City of Saint Faul; informa.l approval of the construction of Ebertz Court, a public street and a11 items incidental thereto being hereby given in an- ticipation of the final adoption and approval of said Ordinance. �� COUNCILMEN Adopted by the Counci� 19— Yeas Naya Butler M�AY 1 Q �� .�Cl�C1��-d � Approved 19— Levine _�n Favor Meredith ` Sprafka C� Mayor A gainat Tedesco Mr. President, McCarty � I st v . , , i 2nd �� • il Laid over to 3rd .and app. �Adopted � Yeas Nays Yeas Nays � Butler �utler Carison 4�', �arfsan � Levine � �Levine Meredith ��8��('� lytere�ith-' � �/ \Sprafka Sprafka Tedesco ��edesee� Mr. President McCarty � Presiden+ McCarty O