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244239 Ori�inel to City G1erk • • _ i � � �� ORDINANCE r y, . COUNCIL FILE NO �� '"`��� � '/ PRESENTED BY �,�:.���.,. ORDINANCE NO I 't � �<� An ordinance granting permission to L. J. Sheridan & Co. , Inc. to remove and reconstruct a public 21" storm sewer privately in Cedar Street from Sixth Street southeasterly approximately 165 feet in Cedar Street to a manhole opposite Lot 7 , L. Carver' s Sub. of St. Paul Proper, and to modify an existing sanitary sewer. This is an energency ordinance rendered necessary for the preservation of the public peace, health � and safety. � , THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: U Se�tion l. That permission and authority are hereby granted to L. J. Sheridan & Co. , Inc. to remove and recon— struct a public 21" storm sewer privately in Cedar Street from Sixth Street southeasterly approximately 165 feet in Cedar Street to a manhole opposite Lot 7, L. Carver' s Sub. of St. Paul Proper, and to modify an existing sanitary sewer. Section 2. That the Commissioner of Public Works is hereby authorized to issue a permit to L. J. Sheridan & Co. , Inc. for the removal and reconstruction of the storm sewer described above and for the modification of said existing sanitary sewer, upon and subjeet to the fo�.�owi.ng provisions, terms and conditions: a. That said permittee shall remove and reconstruct said sewer and modify said sani— tary sewer entirely at its own expense under �the supervision and to the satisfaction of the Commissioner of Public Works and in strict accordance with the plans and specifications prepared by him; b. That said permittee shall pay the cost of engineering and inspection of said work and for the publication of this ordinance; c. That said permittee, after the incep— � tion of said work, shall prosecute the same continuously, with diligence, and fully complete said work to the satisfaction and approval of the Commissioner of Public Works, all on or before January l, 1970; Yeas Councilmen Nays Passed by the Council Carlaon � Dalglish Tn Favor Meredith Peterson � Sprafka Against Tedesco Mr. Preaident (Byrne) Approved: Attest: City Clerk yor � �Form approved Corporation Counsel By � � � ' � . " ������ 2 � � �� I Page 2. d. That said permittee shall properly protect all excavations made in the streets both day and night so as to avoid all damage for injury to persons or property, shall properly fill and tamp such streets to avoid settling and shall restore such streets to their original condition; e. That said permittee expressly agrees and undertakes to fully indemnify and hold harmless the City of Saint Paul, its agents, officers and employees from an.y and all damages, claims, losses , judgments, suits or expenses arising out of or occasioned by the perform- ance of the work contemplated by this permission and authority; f. That said permitt�e shall furnish a bond to the City of Saint Paul in the sum of Ten Thousand Dollars (�10,000.00) , con- ditioned to comply with all the terms of this ordinance and to indemnify and save harmless said City of all liability, loss, judgments, suits, costs, charges and expen.se that may accrue to persons or property occasioned by the making of the improvemen.t or arising out of the same; g. That said permittee shall not proceed to remove and reconstruct said public storm sewer and modify said existing sanitary sewer unlesa 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, Section numbered 1.44 of said specifications, as amended, applicable to contractors. For the purposes of this ordinance, the aforesaid sec- tion of said specifications , numbered 1. 44, as Ori`Inal to City Clerk � . � ��-`� � ORDINANCE ���� COUNCIL FILE NO ��� PRESENTED BY ORDiNANCE NO ��' � J� Page 3. 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 Con- struction 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 Paul may direct and the documents required by the aforesaid Section 1. 44 shall, after submission to the Corpora— tion Counsel, be filed in the office of the Comptroller of the City of Saint Paul; h. That said permittee shall, within thirty (30) days after the passage ; of this ordinan.ce, �ile a written acceptance thereof with the City Clerk. Section 3. This is an emergency ordinance rendered necessary for the preservation of the public peace, health and safety. Section 4. This ordinance shall take effect and be in force from and aft�er its passage, approval and publication. JUN 2 � 1969 Yeas Councilmen Nays Passed by the Council Carlson � / �'�� In Favor Meredith � C� (0 Peterson Againat Sprafka Tedeaco ��� � (� 1�s9 r. President yrne) ;° Approv A est: � � Ci Clerk M or �0 Form approved Corporation Counsel By �u � s�+E� �l�N 2 8 1969 Saint Paul, Minnesota June 30, 1969 nc_.... G- _; r= cr�-< r.- _{n ,�� To the Honorable, the City Council �F- � �� ;�� � Saint Paul, Minnesota =:� w o ==:� �_� _�; - :_T, _.� � Gentlemen: `� y� We, the undersigned, do hereby accept and agree to abide by all the terms and conditions of Council File No. 244239, being Ordinance No. �4195, adopted by the Council on June 20, 1969. L. J. SHERI . , �� BY % l_�-=-� �' �. �:� �. :�_�.� Dupliute to Printer ' ' ORDINANCE ��,�� 24:4 COUNCIL FILE NO � PRESENTED BY ORDINANCE NO�, � � � �`�— An ordinauQe �ranting permission to L. J. Sheridan & Co. , Ine. to remove and reconstruet a publie 2��' s�torm sewer privately in Cedar Street from Sixth Street sou�heast�r3.y approximately 165 feet in Cedar Street to a manhole opposite Lot '�, L. Carver' s Sub. of St. Pau1 Proper, and to mo�l�fy an existinn sanitary sewer: This is �,n anergency ordinance rendere'd nQCe�sa,ry for ttie preservation o� the public peace, health and safety. TH� GO'[TNCIL OF TFiE CITY Q� S�-�INT P11.UL Dt?�S ORDA.IN: �ection l. That permi��ioa� anci authority are hereby g.:antecl to L: J. ��eridan & Co. , Inc, to remove and recon– s�truct a �ub�.ic 2 storru sewer privately iri C�ci'ar Str'eet from Sixth Street soutlleasterl'y '�p�roxiniately 'Ib5 f'eet' in' � �Cec1a� Streat to s manhble o'pposite Lo� 7, L: Carver' s Sub. of St. P�iul P�op�r, and to modi�y an existing sanita.ry sewer. Sec�io� 2. That tlie Co�z.nissioner o� Pub`1iC i��o�rks i� hereby �,ut'horized to issue a perinit 'to L. 'J�. Sl�erician' �' Co. , Inc. �or` trae ' remaval and reconstruct�on'' o�� the 'storm sewer clescribecl above �.ncl �or tli� moc�i�ication of said existing sanit�ry seiver, upon azid �ubjeet to' th'e following provis�.t�na, terms and condi�ionsi n.: �Phat said permit'tee uhall remove anc� reconstruct saici sewer a.nd modify said �ani= tary sewer entirely at i.ts own ex�ense uncier tlie supervision a�.ci to the s�`tisfaetion of the C�omniissioner o� Public ��orks and ira striet ' accorc�ance with the pl'ans �anc� 'speeifieat'ions preparec�� by him� b. � Ti�at said permittee shall pay the cost o� cngin.eering and inspection ,of said work �nd �or ,the ,publ'ication a�' t2iis ordinance; ' e. � That' said per�nittee'� ,after the incep- tion of said wo 'rk, shall prosecute the' s�ane continuously, with diZi�en.ce� �.1at� fully 'complete saici work to thE sat3sfaction and approval of the Commissioner of Public �^dorks, �11 on or be�'ore January l, 1970; Yeas Councilmen Nays Passed by the Council Carlson Dalglish In Favor Meredith Peterson Sprafka Againat Tedesco Mr. President (Byrne) Approved: Attest: City Clerk Mayor �O Form approved Corporation Counsel By DaDticate to Printer � � ORDINANCE COUNCIL FILE NO �� ^��� PRESENTED BY ORDINANCE NO-- I � I �J�� Page 3. �mended, shall Ue reacl as though the ti�ror�. "nermittee" wa� substituted �or the worcl "contractor" , wherever the sa.me appears in the aforesaid Section 1.44, as amended. Said Section 1.44, as umended, of the Speeifications �'or Street and Sewer Con— struction in the City oY Saint Paul i.s hereby incorporated herein by reference as fu11y and a$ completely as iY set �orth h�rein verbatim. Proo� of compliance with provisions of the aforesaid section shall be in sueh form as the Co..r�oration Counsel oi' t�ie City o� �aint Paul may direct and tlie documents required by the aforesaid Seetion 1. 44 shall, after subrnissior� to the Corpara— tion Counsel, be �ileci in the ofPice o� the Comptroller of the City of 5aint Paul; h. That s�id permitte� shall� within thirty (30) days after the pGasage,o� this ordinance, file a writt�n acceptanc� thereo� with the City Cler�. 5ection 3. This is an emerb���y ordinance rendered necessary �or the preservation o� the �ublic peace, health and safety. � Seetion 4. This ordinance sha11 t�ke e�fect �,nd be in foree �ro�n anei a�ter its passage, approval anc3 publication. ,���, 2 Q 1�6� Yeas Councilmen Nays Passed by the Council Carlson Merl-lal�1� Peterson n Favor Sprafka - �%1 �gainst Tedesco Mr. President (Byrne) ' �`�� �' 4. �.(,��!r �b�::� Attest: Approved: City Clerk Mayor � Form approved Corporation Counael By C � � I C�� 2��}�`�'� Pa�e 2. d. That said permituee shall properly proteet a?.1 excavations n�ade in ti�e �treet� bc�th dt�y and night so as to avoid �a13 c[��ru.a�ge �o� i,�jury to persons or property, sk��l'1 groperly �i11 and tamp $uch atreets to avoid set�ling anci shall restore such streets to their ori�inal eondition; e. That said perffiittee axpre�sl�r r�grees and undertakes to fully indemnify aYa.�t hvl�. harmless th� City o� Saiant :`'aul , its a�eizts, officer.s and employees fram any anc� ai� damage�, claims , io�ses, juc��mants, st.�i�g o.r e�pe�ses arisin� out o� or acca�ioned by the pera�oxm— anee o� the wox�k eos�templat�c� Iay t�zis pQr�zsaion ��d atzthority; f. Th�t s�i� permittee s�.al1 ��xinish �. i�oncl to the City o� Saint Pau� in tiie �um of Ten Thousartci �ollars (<;��,0,000. 00) , con— clition�;c: to comply ��it,i1 �11 ti�e terms o� this o�dinance and to inaeranif� anc� ��ve harmles�s �a�.c3 1��t� o:f a11 liability, loss, �i�d�rtsexa�s� �uit9 , caa��, cl�ar�es a�1ri expense �k��t :r���y aecrue to ��rs��.s ox� proger. ty oceasionecl �►y the aae�i��; o:�' tti� ir��?rove�;ent ar ari�ixln oaa�, o� tE:e fia�e; �. �'hat saici permittee ali��.l �iat procee�i to rea�ove and Y ecox�struct s�ic� pui�l.ie s�pr� se�rer a�.cl �uoclify sai�. existi�g :�anit�zr� s�w�r ux�l�ss anct un�ti�. s�.id perzuittee sha12 hav� fully ea�plied rait�� ttie p�oVi�iolla rea�rc�i�g in�u�ax�ce €�nc3 �YAd�llaTll��.(:r3�1QTi containecl in the City o� Saint �'aul, llc}�artment o� t ub�ic ��orks �}�eci�ications for Si;re�t �nc1 �e;�rer ronstaructior� date� �1pri1 1 , �.g59, S�;etio� numl�ered 1. `t'; o:T s�icl speci�'ications , �� �ru�u�Ied, applica�le to coutraetors. la or t��c purposes of this orciinaxtae, the ��ore�aic3 �ec-- tion oP saic� sgecifict�tiona, z�.u�nberec� 1. lt4, �,s �� . ~� � June 30, 1,,��9 & L. J. Sheridan�Co., Inc. ---� Noxthwestern Bank Bldg. St. Paul, Minn. Gentlemen: 41e enclose a copy of Ordinance . 1 , �rantin� you permission to re�nove and reconstruct a public � " orm sewer privately in Cedar St. from Sixth S�. so - rly Qximately 165 ft. in Cedar St. to a manhole opposi o 7, . Ca 's Sub. of St. Paul Proper� and to moc3ify An e tin� sani a seT ; also bill in the sum of ,�2£3.80 t� cover th cost of pub cation of thi.s ordinance. �Je ca11 y�ur specia ttention Para�raphs f and h of Section 2� which req e fi of ond in the amount specified and the filin� ac eptance � ter�.s of this �rdinance. The accep- tance t be filed in this of'f'ice, Room 386, Ci.ty Hall, within thirty 30) days a r passage of this ordinance. If not so filed� the or :�ance beco vaid. \ Very truly yours, City Clerk n� � � I st , � 2nd v Laid over to � � � /� ..� 3rd and app _Adopted Yeas Nays Yeas Nays Carlson �arlson C�'��_�`��,�. Dalglish �Bal�- . Mered,�th � 39�eredith 244� Peterson �eferson � Sprafka �Sprafka / , V Tedesco edesco Mr. President B rne �r. President B rne Y Y O