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241045 ORIGINAL TO CITY CLERK �v 24�445 � CII 1 OF ST. PAUL FOENCIL NO. �' - OFFICE OF THE CITY CLERK COUNCIL UTION E ERAL FORM PRESENTED BY Robert F. Peterson November 21 1968 � CO M M I551 ON E DATF � RESOLVED, That the proper officers of the City of Saint Paul are hereby authorized to pay to the Austin P. Keller Construction Company on Partiat Estimate No. 3, Contract L-7038, for the Winifred-Hall Storm System, Project No. 68-S-1322, said estimate being paid for the period of October lst through October 15th, 1g68, and such�other partial estimates on said contract that may be presented subsequently by said Contractor and approved by the City Engineer, it being the understanding of this Council that such partial payment or payments on partial estimate or estimates on said Contract in no way are to be construed as an act by the City or any of its agents, servants or employees extending the time specified for completion or in any way changing the terms of said contract, plans or specifications thereof, nor in any way nor by any means shall this resolution or payment, or payments made under authority of this resolution be construed as a waiver of any of the rights of sa.id City under said Contract, and provided that prior to payment of any of the aforesaid partial estimates, said Contractor by its duly authorized agents or corporate officers, shall file with the City Comptroller, in a form approved by the Corporation Counsel , an acceptance of the conditions of payment as hereinbefore set +�orth, and BE IT FURTHER RESOLVED, That in the absence of said acceptance being filed with the City Comptroller, no payment or payments as aforesaid shall be ma�de. ,, .. . • - - • - _ ' _ - - - Nov 2 i 1�� . COUNCILMEN Adopted by the Councit 19— Yeas Nays Carlson �Q� 21 196� Dalglish Approve� 19— Meredith J' Tn Favor ge�e�sen Sprafka J �e�d� Mayor . a gaingt Te�e- '�'�J_��,����;3���e���� PUBLISHE� NOV 23 1968 ii:ie:e • 1Vir. Vice President�(Petereon) �°� DUPLICATE TO TRINT[R ���o4r� t CITY OF ST. PAUL HLENC�� NO. � OFFICE OF THE CITY CLERK COUNCIL RESOLUTION—GENERAL FORM PRESENTED BY ��'•t �•". �t��•sOl1 NQN��lr Z I I�S COMMISSIONER DATF r !t�$q.V�D. 3hat tha pt�op�� offiurs ofi the �ity of Saint �a�l ar� h�rsby �uthori��d to �y to ths Austtn �. IGs11�r Construction Co�ar�y on �artiai ��ti�at� Mo. �, Ec�ntratt L-�038, for ths wir�tf��d-Nai 1 �ton� Syst�, P%ject Ib. 66-5-1322, ;sfd asti�te bai�ay �id i'or ti� pfrlod of f�ctobsr lst �hrouqh Octobsr i5th. 1968. and such�oth�r .prrti�l •:ti�tss at said cAntfact ttt�t �y bs prssMttad seabs�qusntly by sutd Contractor arid appro�r�d by th� City � Rnginssr� tt b�tng the understand�ng d� thts Councit that �ch par�lal �ay�nt e►� paiy�a�nts on parti*1 �sti�t• or astirrNtss on s�Id Gontract tn Ab w�y ars to bs cc�nstrued as an ��t by th� Cfty vr �ny of its �g�nts, serw�nt= or �loysss �xtsndtnq ttu ti�s s�acifisd f'or ct�pl�tion or In any �y eha��inq the t�n�s of �aid contracty pl+�n* or sp�ctflutivns th�rwi`, r�or in any way nor by any oMSns shrli thts r�solation or p�y�nt, or pay�ents �ade unckr authority of thls resolution b� c.�r�stn+eed as a walv�r of a�Y o� thei ri�ts of �atd City und�r �ald ,Cont��t, and provids� that p�1er to pay�sht of any of ths afors�afd �rttal �stl�te�. said Cc��tractor b�r its duty �uthoriz�d a�snts or �irporat� off��srs, sha�l �11e wtth tht CTty Cv�ptrolisr. in � 1�or� a�rprov� by th• Corporation �oun*s1� u� acc�ptar�c� of the �dttiahs of pay�ht as � h�reinblfol� t�t �'o�th� st�d BE IT FWR'�N�I� RES�.1fED, That in the �bs�nr,.s ,�f salc� atceptanc� b�in9 €ilsd wjth ths C�ty :Co�pEroll�r. no �ay�nt or p�y�nts �� afons+Mid sha11 b�_�s. � � NaV � � 196� COUNCILMEN • � Adopted by the Counci� 19— Yeas Nays Carlson ���� � � ��&� Dalgliah Approved 19— Meredith ��Tn Favor ptPrann Mayor Sprafk� � T�O A gainst j.,�+Fr;;Er�sident;�yrne��:'� �, i:::x::...Z.:�,ti.:..:... ..�::::ti Mr. Vice Yi.:sident�(Yctersonl ��