Loading...
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)