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253962 Orlsinal to Cfty Clerk , � ' � � ORDINANCE �� .- t 2���62 COUNCIL FILE NO. � /PRESENTED BY ORDINANCE NO An Ordina.nce Granting Permission and Authority to Virgil Doerfler to Construct ��,��. and Maintain a Private Sewer in City of ;v ;" Saint Paul Property. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1. That permission and authority is hereby granted to Virgil - Doerfler to construct and ntain a private sewer to serve his property located at Y`348 ��� Avenue in and across City of Saint , Paul property, located within the City of Saint Paul, Ramsey County� and described as follows: A strip of land 20 feet in width lying partly in the Southwest 1/4 of the Northwest 1/4 of Section 27, T. 29, R. 22 and partly in the Northwest 1/4 of the Southwest 1/4 of Section 27� T. 29, R. 22� being 10 feet on each side of a center line described as follows: Commencing at the point of intersection of the southerly line of Ames Avenue and the easterly line of Johnson Parkway; thence Southwesterly along said ea`sterly line of Johnson Parkway 275.3 feet to the point of beginning of the center line to be described; thence deflecting to the right 90° 00' a distance of 4 feet; thence deflecting to the left 46° 30' a distance of 180 feet; thence de- flecting to the left 47° 30' more or less a distance of 80 feet more or less to the easterly end of a stub sewer connection now in place in Johnson Parkway, and there -� termi.na.ting. Section 2. - Tha.t the Commissioner of Public Works is hereby authorized to issue a permit to Virgil Doerfler to construct and maintain a private sewer in the City property described above, subject to the following terms and conditions: " 1. That said permittee sha.11 construct, maintain and operate said private sewer entirely at his own ex- pense and to the satisfaction of the City of Saint Paul, and in strict accord with plans and specifications approved by the Commissioner of Public Works . Yea.s Councilmen Nays Passed by the Council Butler Caxlson Tn Favor Levine Meredith Sprafka A gainst Tedesco Mr. President (McCarty) Approved• Attest: � City Clerk Mayo �� Form approved Corpor�tion Counsel By _. • � •. , ,�-� ^."� ! s ����.�4`Y��� ( �_� J � 2. 2 . That said permittee sha.11 pay the cost of engineering and inspection of said work incurred by the City of Saint Paul and for the publication of this ordina.nce. 3. That said permittee shall restore and continue to ma.intain the property to the satisfaction of the Department of Parks and Recreation and Public Buildings. 4. That said permittee expressly agrees and un- dertakes to fully indemnify and hold harmless the City of Saint Paul, its agents and officers from any and all claims for dama.ges, losses, judgments, suits or expenses arising out of the permission and authority granted herein, and out of the presence and use of the City property for the private sewer constructed pursu- ant to this authority. 5. Tha.t said permittee shall furnish a bond to the City of Saint Faul in the s�um of Ten Thousand Dollars conditioned to comply with all the terms and conditions of this ordinance, and to indemnify and save harmless the City of all liability, loss, judgments, suits, costs, charges and expenses that ma.y accrue to persons or property occasioned by the constructing and ma.intaining of the private sewer permitted herein. 6. Tha.t said permittee sha.11 not proceed to con- struct, operate and maintain said private sewer unless and until said permittee shall have fully complied with the provisions regarding insurance and indemnification contained in the City of Saint Paul Department of Public Works Specifications for Street and Sewer Construction dated April 1, 1959, as amended, Section 1.44. For the purposes of this ordinax�.ce, the aforesaid section of said specifications, nu.mbered 1.44, as amended, shall be read as though the word "permittee" was substituted for the word "contractor", wherever the same appears in the afore- said Section 1.44, as amended. Said Section 1.44, as amended, 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 Paul ma.y direct, and the documents required by the aforesaid Section 1.44, as amended, shall, after submission to the Corporation Counsel, be filed in the office of the Comptroller of the City of Saint Pa-ul. Orlslnal to City Clsrk . � - _ � � - : � ORDINANCE ����62 COUNCIL FILE NO PRESENTED BY ORDINANCE NO �� � 3. 7. Where the public interests and necessity dictate, the Council of the City of Saint Paul reserves the right to order the removal of the private sewer and restoration of the premises by the permittee� and at the sole cost and expense of the permi.ttee, and the permittee sha.11 voluntarily comply with said Council order. 8. Tha.t said permi.ttee sha.11, within thirty (30) days after the passage of this ordina.nce, file a written acceptance to all the terms and conditions hereof with the City Clerk. Section 3. This ordinance sha.11 take effect and be in force thirty (30) days from and after its passage, approval and publication. MAY 2 5 1971 Yeas Councilmen Naya Passed by the uncil Butler Caxlson ` � Levine n Favor Meredith � Sgrafka Against Tedesco M Preside ( rty) Approved: A 1 Mayor �� Form approved Corpor�tion Counsel By JUN -� PUBLISHED�--.---- ,� . �a w�•�e • � � - " � ORDINANCE 25�9b2 . COUNCIL FILE NO PRE.SHNTED BY ORDINANCE NO 11a `�r�ia�ar� " " �c�ti �f� a�d 1�t�t�Ci� to �fr�.l�rf�rac to C�s�saet a�d �l�i� � ��at� Sw�:r in C�.t�► e�f Saint ��onY 1�►�est�r. T� �L t� T8E CI�Y t� S� P�. B@8S �� ;; I Sec�iaa l. ' � 1"1�t pt�lssio�t aa�d �r�ity ia �ir�' �c'a�, � 1F�s�� Do��rfle�c t�o c+o�rr� a �t�t �rr � � , �r�r �oca�d at, �34�/ �►�we �n a�t �.sr�ts i�. +o� �s�t p�+e��r', �a���e+d �tta�n t�s C�3L�► a� S� 'P�'.,�� �'�►'� a�d �1�ribrd as ;�s�lvrs�r ° � �lp �# �rd 2R? fira►t f.� Yidt� 1Jri� 'psact2� is` t� �t�1s�e� �./'4 +�f t� �krrt�st 1/4 of �etida Z7'�,. ��. �� . � �� � +�d. 1 �.as t1r �lortl�st �,f�4 c�f ti�s �s�t - : �► +s�` ��� �i T. �9, �, 3?M, b�s ltt f� e�► +Mrr�t - �°�r '�� :.l�� �i�t d�r#.L�rd � f�l�+��rs.: t��i� ` .s�� �r- . . iaf� io�r�t,tan af t�e �v�er�.� ti�r �f ��a: . ';�1md t�e s�s�arl� 3�.� �f � i��; T��"'� �.�. t.�l-��r �aid �ast�rl� � af � . �' , F ° ` �;��.:�r 2�'�.�� �o! t�e ,of b�e,�i�er o� . , �'<�_�y,,t �r�r �a�ne� � �r ��r� �► � � °�r�t �i �0 a ��� !� !P� �r�t �s� ` - �p► l�t �'r 3b►� .:,s �+q►�'.��0 �wi�t� � �� � - �.����:�,�*�,.�� ���w� � �ie�:�if� � �' �r� ar 1+� s di� �rf _-- �. � .__�-� �. s�e''��- _�ts�c�a�-a a#�b ��- �-- - ; a�t�+aa �aw�r ia ��t ii�e 1� ,� �-���� ..� i .. . .. .. � �� �• �. - � � . . �i�.i^.`.. - � . . . ,.;';?-" . ..... , � �� ����� #� �� � � � ����� � . ,, #� a p�� t�a ois;�.fl ���r �► +�t=�ct � r��:�i � . ���trt s�r laat �r d�b�d �,� s��s�t t� �a � � �S a�pd ca�►� - � ... ,�., ,...�. _... -...,�.,.... �:i .. t � .. .� _ __ . ._ . �� � �: . , _ . _ � I. '!l�at a�d �wt �ell � tMa��is �d ap�es+tte �af�d p�r� sa�er �1 a�� e�t � p�lra aa�d to t� +af � � +a� �t 1'���, .��r +� �:�t its�ei� i�cv�nd �rlti �►laa�s �d . s�d �r t�e �ss�a�rr a►f !�� t�s. � k�.� . � � Yeas Councilmen Nays Paeeed �y the Coun�� Butler �- ._ n.: Carlson ��=t . ` � Tn Fsva�r Levine � Meredith ao��*,•t 3prafka Tedeeco � � Mr. Fresident (McCart�) �= A#���: � Atteet: , k City Clerk " • Mayor �� +.: . Form a�►�roved Corpor�l3on Couneel B� .°�'_ ,. � a ;x.�� ,�, - y .. �. � � � : �:�- � . • ° � � , r � �5��62 �� 7 . ��J 2. . 2 . That saic� permittee sl.zall pay the cost of engineering and inspection of said work incurred by the City of Saint Pau1 and for the publication of this ordinance. 3. 'That said permittee shall restore and continue to maintain the property to the satisfactio� of the Department oi Parks and Recreation and Public Buildings. 4. That said permittee expressly agrees and un- dertakes to fully indemnify and hold harmless the City o� Saint Paul, its agents and officers from any and , all claims for damages, losses, judgments, suits or expenses arising out of the permission and authority granted herein, a�zd out of the presence and use of the � City property for the private sewer constructed pursu- ant to this authority. 5. That said permittee shall furnish a bond to the City of Saint Pau1 in the su.m of Ten Thousand Dollars conditioned to comply with all the terms and conditions of this ordina.nce, and to ini-lemnify and save harmless the City of all liability, loss, judgments, . s�u.its, costs, char�es and expenses that may a�crue to persons or proper�y occasioned by the corLstructing and mainta�ning of the private sew�r permitted hexein.' 6. Tha.t said permit�ee s'_nall not proceed tc� con- struct, operate and maintain said private setaer unless and until said permittee shall have fully complied with the provisions regaxding insura:�ce and indemnification contained in the City of.. Saint Pau1 Department of Public Works S�ecifications for Street and Sewer �onstruction dated April 1, 1959, as amended, Section 1.44. For the purposes of this ordina;�ce, the aforesaid section of said specif_ications� nta.m�4red i.44 f as air�ended, shall be read as though the word °'permittee" was substituted for the word "coiztractor", whereve.r the same appears in the afore� said Sectio� 1.44, as am�-nded. Said Sectio:� 1.44, as amended, is hereby incorporated herein by reference as fully a�d as corn�letely as if set for�h herein verbatim. Proof of compli,a�zce with provisions of the aforesaid section sha11 be in. such for�n as the CorPoration Counsel ' of the City of Sair�t Pau.l may direct� and the docume��.ts required by the aforesaid Section 1.44, as amended� shall, att�er su�mission Lo the �or�oration Coansel, be filed in the office of the Co:nptroller of the Citv of Saint Pa:�zl. D�Ss.se�rt.+.e , ' ` 1 � - y � ' C� RDINANCE � 25�c�2 COUNCIL FILE NO I ,PRESENTED BY ORDINANCE NO � 3� 7. i�ie �e ��.3,+c i�n:ea�'�s ,�od e��j► �t.e�c, � C�.�,2 af ttir ��► v.f Ss�t �, r�o� ��t t+� �ar t�e x�t a� t�tp �a� s� q!` t�e �.s�s is�r t�we t ie�, as�d �tt ���re�l�t�c1� amr� �t +oc� �+a t�t, �t1 -t'I� paa�lr�s ��'#:1 w►1��mtarf.l� �3�y �:t�t �d Cv�a31 �s�. 8« ?l�a� ta�� �t�e a�all, rd.t��t �ts�! ��� d� �ft+�r tl�s af th3.s v�sd3.�nc�� filt a ra�.tt�o , ��e �o :�teaa emd �e�ad3t�.a� 1�s�ro�f �ittt t� Cl�rs�. S�t.�+� 3. ��fs �a►s�t�cwe a�U. ta`�e �'�t � b+e f.m � t,i�art�r ��� � � ae�td a�`�r i�.s ��, a�� �md pa�►�3,�tt#�a�t. -���,.�_. . _ _ _ _ ,-: 'k�= . ,�'y t '..` . 2 5191� Yeas Councilmen Nays Passed by the Counc;� �Ay Butler ��On �__.In Favor Levine n , Meredith (f _�n Ag,�inat T� �. �a�t (n��c�►> . - MAY 2 8 1971 Approved: Attest: ; C'' , , � � ��� �gor �. � p� ��� F�a � '��� cou�i sy v . r � r Saint Paul, Minnesota June 7, 1971 To the Honorable, the City Council • Saint Paul, Minnesota Gentlem�n and Mrs. Butler: I, the under�igned� do hereby accept and agree to abide by all the terms and conditions of Council File No. 253962� being Ordinan�e No. 1�799, �opted by the Council on • Ma�Y 2�� 1971. � Virgil DoerPler June 'j, 1971 l�ir. Virgil Doerfler Sl� Univexsity Ave. �t. �aul� PAi�nesota Dear :�ir: tJe 4nclose � copy of Ordinance Nc�. 147,�;;, �i a,ntin�; ;��ou ;?ermission to construct and m�.int�in a private sew�r in Cit;* o�' Saint Paul �'-rop`rty �s deseribec� in �,he ordinance; also bi11 in �:he sura o�' �28,$(} �� cover t'tie cost �f pubiication o� this o-rdin�nce. ;vc ca,.11 yaur speeial attention �o i'�.r.•a�ra�l�s 5 �ri:3 �5 0.�' 3ection 2� wizich r�equirc the �'iling oi' a bonc7 in t.i�_ r�uaunt specified an�1 th�: filin� o�' an r�cceptanc� of the terns of this ordinan.cc. rhe accep- tance rnust be filed izi this office, �toom 33�, City HaII, within i;��irt�r (30� days. II' not so filec3, Ll� ardina.zzce becarnes troj.d. Ver;.; t�ul,y ;rours, Ci�y C].erk n�; I st , � ` 2nd ` Laid over to r ��� 3rd and app� —Adopted � Yeas Nays 1(�eas Nays Bu+ler \Butler Carison �Carlson Levine /aV���� \,Levine Meredith �Meredith Sprafka � Sprafka Tedesco `Tedesco � '�. Mr. President McCarfy �` Mr. Presiden+ McCarFy O