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244534 Ori�inal to City Clerk � � � . ORDINANCE 2�4534 COUNCIL FILE NO PRESENTED BY ORDINANCE NO �— An ordinance granting permission to Gerald E. Frisch to grade and surface with bituminous material the alley in the block bounded by Marion and Galtier Streets beginning north of Idaho and running to the north line of Lots 4 and 27, Block 4, Rice Street Villas , and also to grade and surface with bitumin- ous material that portion of Idaho Avenue from Marion Street run.ning west of the a- bove alley. This is an emergency ordinance rendered necessary for the preservation of the public peace, health and safety. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1. That permission and authority are hereby granted to Gerald E. Frisch to grade and surface with bitumin- ous material the alley in the block bounded by Marion and Galtier Streets beginning north of Idaho and running to the north line of Lots 4 and 27, Block 4, Rice Street Villas , and also to grade and surface with bituminous material that portion of Idaho Avenue from Marion Street running west of the above alley. � Section 2. That the Commissioner of Public Works hereby is authorized to issue a permit to Gerald E. Frisch for the grading and surfacing of such alley and the grading and surfacing of that por�tion of Idaho Avenue, upon and subject to the following provisions, terms and conditions: a. That said permittee shall grade and surface said alley and said street entirely at his own expense, under the supervision and to the satis- faction of the Commissioner of Public Works and in accordance with the plans and specifications prepared by him; b. That said permittee furnish slope releases to the City of Saint Paul; that said permittee shall pay the cost of engineering and inspection of said work, and that said permittee shall pay for the publication of this ordinance; c. That said permittee shall properly protect all excavations made in the streets both day and night so as to avoid all damage or injury to persons or property; shall properly fill and tamp said streets to avoid settling and shall restore said streets to their original condition; Yeas Councilmen Nays Passed by the Council . Carlson Dalglish Tn Favor Meredith Peterson Sprafka Against Tedesco Mr. President (Byrne) Approved: Attest: City Clerk or °�O Form approved Corporation Counsel, f a 244�34 � �� � Page 2. d. That said permittee, after the inception of said work, shall prosecute the same cOntinuous— ly, with diligence, and fully complete said work to the satisfaction and approval of said Commissioner on or before November 15, 1969; 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 any and all damages, claims, losses, judgments, suits or expenses arising out of or occasioned by the performance of the work contem— plated by this permission and authority; 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 from all liability, loss , judgments, suits, costs, charges and expense that may accrue to person.s or property occasioned by the making of the improvement or arising out of the same; g. That said permittee shall not proceed to grade and surface said alley and said street 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 Specifica— tions for Street and Sewer Construction dated April l, 1959, Section numbered 1.44 of said Specifications , as amended, applicable to con— tractors. For the purposes of this ordinance, the aforesaid section of said Specifications numbered 1. 44, as amended, shall be read as though the word "permittee" were 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 Cit� of Saint Paul is hereby incorporated Orl�inal to C(ty Clerk = � . ORDINANCE COUNCIL FILE NO �44���4 PRESENTED BY ORDINANCE NO � � Page 3. herein by reference as fully and as completely as if set forth herein verbatim. Proof of compliance with the provisions of the afore— said section, as amended, 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, as amended, shall, after approval by the Corpora— t�on Counsel, be filed in the office of the Comptroller of the City of Saint Paul; h. That said permittee shall submit said bond and insurance documents to the Office Engineer of the Department of Public Works. The Office Engineer shall request approval of said documents by the Corporation Counsel and upon approval shall file said documents with the office c�fthe Comptroller of the City of Saint Paul; i. That the said permittee shall, within thirty (30) days after the passage of this ordinance, file 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 after its passage, approval and publication. Yeas Councilmen Nays Passed by the Cp unci� �U L 81969 Carlson / Dalglish '�� Tn Favor Me�. � 6 Sprafka Against Tedesco J u L 8 ��6� Mr. President (Byrne) App est: C' y Cler or �O Form approved Corporation Counsel By ru�ti��� J'UL 12 1969 Daplit;ate to Printer ORDINANCE ��4��34 COUNCIL FILE NO PRESENTED BY ORDINANCE NO. /���a An oardinancQ grantin� pe�mission to Gerald E. Frisch to grade and aurface with bituminous material the alley in the b1oc1� boun�ied by B��zrxon and Galtier Streets beginnin� north of Idaho and ru.�ning to 'the north line of Lots 4 and 27, Bloe� 4, l�ice Strect YiZlas, an�. also to �ra�e an�d �e�rface witYi biturcYin- ous mater3al that portion o� Idaho .A,.ve�ue from Marion Street running west o�' the a- Uove alley. This is an �mergency orclinanee rendered necessary �or the preservation of the public peace, health and safety. TIi� COLTNCIL OF TH� CITY OF SAINT PAUL DOES ORDAIN: Seetion 1. That permission and authority are hereby granted to Gerald E. Frisch to grade and sur�aee with. bitumin- ous material the alley in the block bounded by Marion and Galtier Streets beginnin.g north o� Idaho and running to the north line of Lots 4 and 27, Bloczk 4, Rice Street Villas, and also to grade and sur�ace t�ith bituminous material that portion o� Idaho Avenue from Marion Street running west of the above �zlley. Seetion 2. That the Commissioner of Public Works hereby is authorized to issue a permit to Gerald E. Friseh �or the gradin� and �ur�acing o� sueh a13ey and the grading and sur�aeing o� that portion of Idaho Avenue, upan ana �ub�ect to the following provisions, terms and conditions: a. That said permittee shall grade and sur�ace said alley and sa�d gtreet entirely at his own expense, under the superv:tsion and to the satis- �action of the Commissioner of Public j�lorks and in accordanee with the plAns and specifieations prepAred by hi�; b. That said permittee �urnish slope releases ta the City of Saint Paul; that said Permittee shall pay the cost o� engineering and inspection of said work, and that said permittee �laRll pay for the publication of this ordinance; c. T�aat sAid perm3ttee sha11 properly proteat all e�cavations made in the street� both day and night so as to avoid all damage or in�ury to persons or property; aha31 properly �i1Z �,nd tamp said streets to avoid settling and sha11 restore said streets to their original condition; Yeas Councilmen Nays Passed by the Council Carlson Dalglish Tn Favor Meredith Peterson Against Sprafka Tedesco Mr. President (Byrne) Approved• Attest: � City Clerk Mayor-� O Form approved Corporation Counsel By 244�34 Page 2. d. That s�id permitt�e, aYter the incop�ion o� sazd worb, sha31 Prosecute the same continuous- Iy, «ith d�lige�ee, and fully oomplete said �ork to the satisYaetion and npproval of said Commiseioner on o.r be�are Navember 15, 19�9; e. T��t �a�� per�ittee expressly agree� an� u�der�tak�� to �ully indeuinify and hold harmless the �ity o� Saint Paul, its agente, officers and amployees �ram any an� all �ama�es, elaims, losses, �udgments, �uit� or e��enses arising out o� or oceaeion�d by the performance of the work eant��- plttted by thie parmiesion and authority; f. �hat said permittee �hall furniah a band ta th� City aF Saint Psul in the su� of 'Pen mhousand Bollars (�1Q,OQ0.00) eonditioned to �omply with all the t�r�� of thi� ordinanQe �nd to indemu�fy and s�ve harmles� aaid City from all .liabi2ity�, Zose, �ud�ment�, euits, Qosts, char�es and egpense th�t may aecrue to persons ar propert� o�casioned by the makin� o� ths improvement ar arisin� out o� the s�e; �. That said permitt�e sha11 not proceed to �rade and �urfaQe said alley and said str�et unless and until said permittee �hall ��ve �ully comn�ied w�th the provi�ion� re��rdin� insuran�e Rn� indemnifioation containEd in the Citq of ��int Paul Departm�nt o� Fublia j�ar�s Speci�ica- tions for 5tre�t and S�wer Construation dated April 1, �959, SeQtion �umbered 1.44 0� said SpeQi�ications, ae amended, �pplieable to con- trac�or�. Far the purposes of thi� ardinanee, the a�oresafd seation of aafd Specification� numbered i.4#, e� amended� �ha.11 be read as t�iough th� �or� "per�ittee" were substituted for the word "contractor" wher�ver th� same appears in the aforesAi� Soction 1. 44, as a�ended. Said �QCti�� 1.44, as amended, of the Sgeoi�ieations �or �t�eet and Sewer Construatian in �h� City af Saint Pau1 is hereby �ncorporate� DaDlicste to"Printer � ORDINANCE COUNCIL FILE NO �� "���� PRESENTED BY ORDINANCE NO ���� � Page 3. herein by referenee ae fully and as complete].y as if set forth hereian verbatim. Proof o� eompliance witi� the provisfons o� the a�ore- said section, as amended, shall be in sucM :�orm as the Corporation Counsel o� the City of Sra3nt Paul may direet, and the doeuments requirec� by the a�oresaid Section 1.44, as amended, shal.l, after approval by the Corpora- tion Counsel, be filed in the ofYice of the Comptroller af the City of Saint Paul; h. That sa�.d permittee shall submit said bancl and insurance documents to the 0�'�ice ��ngineer o� the DeAartment of Public ��rorks. The O�fice Engi.neer shall request approval of said dacumente by the Corparation Counsel and upon approval sha17. fil.e said documents with the o�fice aethe Comptroller oi' the City of Saint Patil; i. That the said permittee shnll, within thirty (34) days after the passage of this ordinanco, file t� written aeeeptanee thereof with the City Clerk; , �ect�.on 3. This is an emer�eney ardinance r�ndered necessary for the preservation of the public peace, health and aaf ety. Section 4. This ordinance shall take effect and be in force �rom and RYter its passage, appr�val and publication. J U L 81969 Yeas Councilmen Nays Passed by the�unci� Carlson Dalglish In Favor Meredith Sprafka � Against Tedesco „�� Mr. President (Byrne) ���- `� ���v`'� Approved: Attest: City Clerk Mayor O Form approved Corporation Counsel By Saint Paul, Minnesota July 1�+, 196g To the Honorable, the City Council Saint Paul� Minnesota Gentlemen: I, the undersigned, do hereby accept and agree to abide by all the terms and conditions of Council File No. 2�+4534, being Ordinance No. 1�+220, adopted by the Council on July 8� 1969. � ���� Gerald E. Frisch � ��s-� � July lk, 1969 A�ir. Gerald E. I�'risch Attorney at Law 2350 W. Seventh St. St. Paul, Minn. Deax Sir: �! We enclose a copy of Ordinanc o. 1422 ranting you permission to grade and surface with bit ous t rial the alZey in the block bounded by Marion end Gal . beginning north of Idaho and running to the north e oP �+ and 27, Block �, Rice , Street Villas, AND e an face with bituminaus material that porti of Idaho �e. Marion St. running west of th� above alley; lso bill i 'the sum of $30.15 to cover the cost of publice�tion P this or �nce. We call your s ecial tentio f� Para,graphs P and i of Section 2� which re fi1 g�rid in the amount speciPied and the f31 of an aac�ptance oP the terms of this ordinance. The accept e must be ied in this office, Room 386, City Ha11, within 3 days. If t so f iled, the ordinance becomes void. \��� yez.3, trul�, yc�ur,s� ng City Clerk • � r � � 1 st � 2nd Laid over to 3rd and app � .—Adopted � Yeas Nays Yeas Nays Carlson Carlson Dalglish Dalglish Meredith ������ Meredith Peterson � �e1'�BT�-�--� Sprafka Sprafka � Tedesco Tedesco Mr. President Byrne Mr. President Byrne O