248454 / pritinal to Cit�Ctert , , •
.
' � � ORDINANCE ���8��4 ,
COUNCIL FILE NO
� �
PRESENTED BY ORDINANCE NO
AN ORDINANCE GRANTING PERMISSION TO
BELAIR CORPORATION TO CONSTRUCT A
PUBLIC SEWER AI�ID TO CONSTRUCT AND
MAINTAIN A PRIVATE WATER 1�IAIN, SAID
PUBLIC SEWER AA1�tC1 PRIVATE WATER MAIN
TO SERVE PART OF THE WEST 1/2 OF THE
NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF
� THE SOUTHEAST 1/4 OF SECTION 22, TOWIdSHIP
29, RAI�GE 22 RAMSEY COUNTY EXCEPT THE
�v NORTH 328.1 FEET THEREOF. THIS IS AN
EMERGENCY ORDINANCE RENDERED NECESSARY
FOR THE PRESERVATION OF THE PUBLIC
PEACE, HEALTH AND SAFETY.
THE COUNCIL OF THE CITY OF 5AINT PAUL DOES ORDAIN:
Section 1.
Part A. That permission and authority are h�reby granted Belair Corporation
to cons��ruct a public sewer in the public street described as follows:
Public sanitary sewer commenci.ng i.n Hazelwood
Street at a poi.nt 830 feet north of the center-
line af Maryland Avenue and extending eastward
a distance of 194 feet.
Part B. That permission and authority axe hereby granted to Belair
Corporat oi n to construct and maintain a private 6" water main in the public
utility easement described as follows:
'r�: ,
A perpetua.l easement for utilities over the North 30 feet
of the_South 181 feet of the West 196 feet of the West 1/2
of the Northwest 1/4 of the Southwest 1/4 of the Southeast 1/4
of Section 22, Township 29, RanAe 22� except the North 328.1
feet thereof.
Part C. That said public sewer and private water main are to serve the
following escribed property:
The West 1/2 of the Northwest 1/4 of the 5outh-
west l/4 of the Southeast 1/4 of Section 22,
Township 29, Range 22,Ramsey County except the
North 328.1 feet thereof.
Section 2. That the Commissioner o£ Public Works and the Board of Water
Co m.s o ers of the City of Saint Paul are hereby authorized to issue permits
to Belair Corporation for the construction of said public sewer and private
Yeas Councilmen Nays Pasaed by the Counci�
Carlson
Dalgliah 7n Favor
Meredith
� Peterson Against
Sprafka
Tedesco
Mr. President (Byrne) Approved:
Attest:
City Clerk Mayor
��
Form approved Corporation Counsel By
. ' `
° �'�������
Pa,�e 2•
water main upon and subject to the followinp., provisions, terms and con-
ditions:
a. That said permittee shall construct
said public sewer and private water main en-
tirely at its own extiense and to the satis-
faction of the Commissioner of Public Works and
the Board of LVater Commissioners o£ the City of
Saint Paul; that said permittee shall construct
the public sewer in accordance with the plans
and specifications on file with the Department
of Public Works; and further construct the said
water main in accordance with the approved plans
and specifications on file with the Board of
Water Commissioners;
b. That said permittee shall pay the cost
of en�qineering and inspection o£ all said work
and for the publication of this ordinance; said
permittee shall deposit with the Board of Water
Commissioners a sum of maney equal to the estimated
costs of inspection to be performed by the Board
of Water Commissioners;
c. That sazd permittee shall nroperly pro-
tect all excavations, both day and night, so as
to avoid all damage or injury to persons or property;
shall furnish all excavation and shall properly
backfill and restore such easements to avoid
settlin$ and to restore such easements to their
original condition, all in accordance with the
plans and snecifications on file with the
Department of Public Works and the Board o£
Water Commissioners;
d. That said permittee, after the incep-
tion of said work, shall prosecute the same con-
tinuously, with dili�ence, and £ully complete
said work to the satisfaction and approval of
the Commissioner of Public Works and the Board
of �Vater Commissioners on or before January 1,
1971;
e. That said nermittee expressly agree and
undertake to fully indemnify and hold harmless the
City of Saint F�aul, the Board of Water Commissioners
o£ the City of Saint Paul, its agents, officers,
and employees, f.rom any and all damages, claims,
losses, judgments, suits or expenses arising out
of or occasioned by the p�rformance of the work
contemplated by this permission and authority;
' • ����� ��
.
Pa�e 3.
f. That said permittee shall furnish a
bond to the City of Saint Paul in the sum of
Ten Thousand Dollars ($10,000.00) conditioned
to comply with all the terms of this ordinance
and to indemnify and save harmless said City
and Board of Water Commissioners of the City
of Saint Paul of all liability, loss, judgments,
suits, costs, charges and expense that may
accrue to �ersons or �roperty occasioned by
the making of the improvement or arising out
af the same;
g. That said permittee shall not pro-
ceed to construct said water main and said
public sewer unless and until said permittee
shall have £ully complied with the }�rovisions
regarding insurance and indemnification con-
tained in the City of Saint Paul Department
of Public Works Specifications for Street and
Sewer Construction dated April 1, 1959, Section
No. 1.44 of said Specifications, as amended,
ap�licable to contractors. For the purposes of ',
this ordinance, the aforesaid section of said
specifications, No. 1.44, as amended, shall
be read as thou�h the word "permittee" were sub-
stituted £or the word "contractor" wherever the
same appears in the aforesaid Section 1.44, as amended.
Said Section 1.44, as amended, of the Srecifications
for Street and Sewer Construction i.n the Citv
af 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 a£oresaid section
shall be in such form as the Corporation Counsel
of the City of Saint Paul may direct, and the
documents required by the aforesaid Section 1.44
shall, after submission to the Corporation Counsel,
be filed in the Office af the Comptroller of the
City of Saint Paul. Said permittee shall submit
said bond and insurance documents to the Office
En�ineer of the Departments of Public Works. The
0£fice Eng,ineer shall request approval vf the
said documents by the Corporation Counsel and
upon approval shall f,ile said documents with the
Off.ice of the Comntroller af the City of Saint
Paul.
Section 3. That nermission and authority are hereby �ranted to Belair Cornoration
to maintain a private water main in the easement described in Section 1 above, sub_
ject to all of the terms and c�nditions imnosed by the Board of. Water Commissioners
o� the City of Saint Paul and £urther subject to the permittee, by its acceptance
of this permission and authority, expressly agreein� to indemnif.y and hold harmless
the City of Saint Paul, the Board of Water Commissioners o£ the City oF Saint Paul,
its a,�ents, officers and eranloyees, from any and all damages, claims, losses, jud�ments,
suits or expenses arising out of or occasioned by the maintenance, operation or
re�lacement of the said private water main.
.
Orisinsl to City Clerk -
-� �� � � ORDINANCE 2�����
�� 4
COUNCIL FlLE NO _�
�RESENTED QY ORDINANCE NO � �
Page 4.
Section 4. This ordinance is hereby declaxed to be an emergency ordinance
ren ere necessary for the preservation of the public peace, health and
safety.
Saction 5. This ordinance shall take effect and be in force upon its passage,
appr— oval and publication.
�Y 5 1910
Yeas Councilmen Nays Pasaed by t�Council
Carlson
� Dalglish � Tn Favor
Meredith � /\
/> PE�C�SOlT'—' C v AgalllSt
spra,fka � 197�
Tedesco
� n .;� Appro ��
A st; ice Yreeri � nj
♦
Ci er May
�� �
Form approved Corporation Counsel By ,
' �Ll'SHED �AY 91970
,������4
Pape 2.
water main u»on and subject to the followinQ provisions, terms and con-
ditions: �
a. That said nermittee shall constr.uct
said public sewer and brivate ���ater main en-
tirely at its o�an exnense and to the satis-
faction o£ the Commissioner of Public 1ti'orks and
the tioard of Iti'ater Commissioners of. the Citv of
Saint I�aul; that said permittee shall construct ,
the public sewer in accordance �aith the nlans
and specifications on file with the Denartment
of Public Works; and further construct the said
water main in accordance with the apnroved plans .
and specifications on file with the Board of
14'ater Commissioners;
b. That said permittee shall pay the cost
of Engineerint; and ins�ection of all said wor�:
and for the publication of this ordinance; said
permittee shall deposit wit}i tlie Board of Water
Commissioners a sum of money equal to the estimated
costs of inspection to be perforr��ed by the noard
of Water Commissioners;
c. That said permittee shall nroperly pro-
tect all excavations, both da.y and night, so as �
to avoid all dama�;e or injury to �ersons or property; �
shall furnish all excav�ta.on and shall �ronerly
backfill and restore such ea�e�ents to avoid
settlinv and to restore such easements to their
ori�inal canditien, all in accorciance with the
plans and snecifications on file with the
Department of Public li'arks and the Board of_
Water Comr:iissioners;
� d. That said permittee, after t}ie incen-
tion of said �,�ork, shall prosecute the sar�e con-
tinuously, with dili�ence, and fully complete
said work to th� satisfaction and arnroval of
the Commissioner of Public tVorks and the Board
of l�ater Commissioners on or before January 1,
1971;
e. That said nerriittee expressly agree and
undertake to fully indemniEy and hold harr�less the
City o.f. Saint l�aul, t�ie I3oard of k'ater Commissioners
of the City of Saint Paul, its a�ents, officers,
and employees, f.rom any and all dama�es, claims,
losses, jud�ents, suits or expenses arisin� out
of or occasioned by the nerf,orm�ncs cf the ti�ork
contemplated by this permissian and authority;
'�j��<'���
• Paqe 3.
f. That said permittee shall furnisli a
bona to the City of Saint Paul in the sum of
Ten Thousand Dollars ($10,000.00) conditioned
to comply �vith all the terms of this ordinance
and to indemnify and save harm].ess said City
and Board of h'ater Commissioners of the City
of Saint Paul of all liability, loss, jud�ments,
suits, costs, charges and exnense that may
accrue ta persons or nroperty occasioned by
the makin� of the improvement or arising out
of the same;
g. That sa9.d permittee shall not pro-
ceed to construct said tvater main and said
public se�4er unless and until said permittee
shall have fully complied with the provisions
re�arding insurance and indemnification con-
tained in the City of Saint Paul Department
o£ Pub2ic liJorlcs Specifications £or Street and -
Soc��er Constructian dated April 1, 1959, Section
Na. 1.44 of said Snecifications, as amended,
anplicable to contractars. For the purnoses of
this ordinance, the aforesaid section of said •
specificatinns� No. 1.44, as amended, shall
be read as thou�h the word "permittee" �oere suh-
stituted for the ward "con.�aractor" ti��herever the
same a�pears in the aforesaid Sectian 1.44, as amended.
Said Section 1.44, as amended, of the Snecifications
for Street and Sewer Canstructiori in the Citv
of Sa'int Paul is hereUy incorporated herein by
reference as fully and as completely as i£ set
f.orth herein verbatim. Proof of comnliance
with provisions o.f. t}ie aforesaid section
shall be in such form as the Coi�ioration Counsel
of the City of Saint I'aul may direct, and the �
documents required by the afnresaid Section 1 .44
shall, after submission to the Cornaration Counsel,
be filed in the O�f.ice of the Com>>troller of the
City of Saint Paul. Said permittee shall submit
sai.d bond and insurance documents to the Office
En�ineer of the Departments of Public iJorks. Tlte �
0££ice En�ineer shall request a.npr.oval of the
said documents bv the Cor�oration Counsel and
upon annroval shall file said docur,►ents �vith the
0£fice of the Comntraller of the City of Saint
Paul.
Section 3. That nermission and ai�thority are hereby �ranted t� I3elair Cornoration
to maintain a. nrivate water main in the e�.sement described in Sectian 1 above, sub_
ject to all of the terms and c�nditians imnosed bv the Board of Water Commissioners
of the City af Saint Paul and f.uxther subject to the permittee, by its acceptance
of this permission and authority, expressly a�reein� ro indemni.f.y and �iold harmless
the City o£ Saint Paul, t�ie Board of l�'ater Cor,unissioners of t}►e City o� Saint Paul,
its aQents, of£icers and emnloyees, fr.om any and alI dar.�a�es, claims, lasses, jud�ment,,
suits or expenses arising out of or occasioned hy the maintenance, oneration or
re�lacement ot tlle said private �oater main.
� ORDINANCE ����`�_-���
COUNCIL FILE NO
PRESENTED BY ORDINANCE NO �f "% �
�f1 ORDIN.AIvCL GFtAt1TIN� PEI`v�,ISSION TO
B�LAIR CORFORATIOtV TO COI�JSTRUCT A
PJ3LIC 5EZ1�EP, APd13 TO CQNSTRUCT AND
P�iAIrITAIN A AI:IVAT� �i�ATER P�4AI,N, SATU
PUBY,,IC SE1�EIZ Ai�ip PRIVATE 69ATER i'-iAIN
`�'0 �B;�►E PAItT OF THE �VES'F 1/2 OF TH�
IdOFtTF4k,�ST 1J4 C�F TI�3E SOilTHiv�ST 1/4 QF
THE SaUTF�EAuT 1/4 OF SECTI(3N 22, TU3'7NSE�IP
29, F;�"u.!;E 22 12ANiSEY COUiv'i'Y EXCEPT TEiiE
NORTH 32$.1 Fk�ET THER�UF. TfiIS IS AN
�'�1ERGEIVCY ORDIrd�iNCE REIJDERED idECL'SSARY
FOR TtI� �It�SERV�ITIOI� 4�% 1'ti� PUBLIC
PEACE, HEALTFi AND SAFETY.
TIiE �COUNCiL Or Tf-iE CITY OF SAINZ' PAUL DUES QRDAIN;
5ection 1.
Par� A. That permissio» and autharity ar� �i�reby �ranted B�lair Carporation
to const� a public sewer i.n the public street described as £ollows:
Public sanitary sew�r co�nencing in Huzelcvood
Strc�et at m �oint S30 feet nort}l of the center-
Iine of Maryland Avenue and extending eastward
a distance of 194 feet.
Bart B. That nex�rrxssi.on �.nd aut:�ority a.re rer�liy �ranted to L��lair
Gorporat on to construct and �naintain a private 6" w�a.ter rFiain in the public
uti:ity easement d�scribed as follows:
A perpetua). �a�cnnent for utilities over the PdorLh 30 feet
o� the South 181 feet of the bUsst 196 feet of the �Yest 1/2
of tPi� Northwest 1/4 of the So�thwest 1/4 of the Southeast 1/4
of Section 22, Townslaip 29, Ran�e 22 except the Narth 328.1
feet t��ereof.
gart G. That said �ublic se:yer and �rivate water mmin are to serve the
foilotivin� es�ribed property:
The tYest 1/Z o� the Narthwest 1/4 of the South-
west 1/4 of the Southeast 1/4 of Section 22,
Township 29, Ran,�,e 22 �tauisey County except the
North 328.1 feet �hereof.
Section 2. That the Commissioner of Pub13c tiVorks and tne Boaxd of t9a.ter
Comm—is'–s o ers o� the City of. Saint Paul are hc�reby authoxia�d to issue permits
to Belair Corporation for tha construction of said publi� sewer and private
°as Councilmen Nays Passed by the Council
Carlson
Dalglish
Meredith In Favor
Peterson
Sprafka Against
Tedesco
Mr. President (Byrne)
test: � Approved: _
DnD�cate to Printer
ORDINANCE ��������
COUNCIL FILE NO
PRESENTED BY ORDINANCE NO /��� .—
Page 4.
,...__
Section 4. This ordinance is hereby declared to be �n emergency ord�nance
ren ere necessary �or the preservation of the Public peace, health and
safety.
Section 5. This ordinance shall take effect and be in £orce upon its Passage,
approv`al and publication.
���?� � ����
Yeas Councilmen Nays Passed by the.Council
Carlson �
Dalglish In Favor
Meredith
-�etersan`
Sprafka �' Against
Tedesco y ��; .�����`' " " , .
:�ir '�r;�s�e�'it ,�.., •----- -�-
�:� ��.��y
Belair Corporation
�+43 - 8th Ave. N.W. �
N�w Bri�hton, Minn.
Gentlemen:
We enc].ose a copy cf Ordinance o 1k�77, 'ting you p�rmission
to construct a public �ewer an o conffit t and maintain a private
we.ter main to serve part af th� t � the NQrthwest � 01' tYlE
soJthwest 4 of the Sout�hea�st � of. on 22� Taamship 29, Range
22, Ramsey County exeep h 1 Yeet thereof'; also bill
in the suen of $k2.30 aver cos publication of this -
ordinance.
We eQll your specia� ttention t ara�raph f of Sectian 2 and
to Section 3, which uire the in� of a bond ir, the amount
speci�'ied an ili ceptance of the terms oP this
ordf.nance e ceptanc be fil�d in this oftice, Room
386, Cit aZ]., �s ��n as posaible. If not aa Piled, the
ordinanc ecomes voi
Very trul,y yours,
City Clerk
ng
� ' • h!
1 st ' 2nd
Laid over to
/
3rd and app��—Adopted _� h
Yeas Nays Yeas Nays
Carlson � Carlson
Dalglish � Dalglish
Meredith ���; � Meredith
������ �\
Peterson �--Re�--
Sprafka �Sprafka
Tedesco �, Tedesco ti.J
Mr. President Byrne :� �'��3�,:'.
, sv� �::
�Q1VIr. �ic� Yr�side�i (A'eters�n)