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229781Original to City Clerk ' ORDINANCE 229` _ 81 alel� 133 COUNCIL FILE NO. PRESENTED_ ORDINANCE NO- An ordinance granting permission to R & W Realty Company to construct a public sewer in Larry Ho Drive from 140 feet east df Winthrop Street to 403 feet east of Winthrop Street, said public sewer to serve lots 7 thru 11, block 5, South Battle Creek Heights No. 2. This is an emergency ordinance rendered necessary for the preservation of the public peace,. health and safety. ,-TBE COUNCIL OF THE CI'T'Y OF SAINT PAUL DOES ORDAIN: Section 1. That permission and authority are hereby granted to R & W Realty Company to construct a public sewer in Larry Ho Drive from 140 feet east of Winthrop Street to 403 feet east of Winthrop Street, said public sewer to serve lots 7 thru 11, block 5, Battle Creek Heights No. ,2. Section 2. That the Commissioner of Public Works hereby is authorized to issue a permit to R & W Realty Company for the.construction of such public sewer, upon and subject to the following provisions, terms and conditions: 1. That said permittee shall construct said sewer entirely at its own expense, under the supervision and to the satisfaction,;;of the Commissioner of Public Works and in accordance with tlle� �pla1n5 and specifications prepared by him. 2. That said permittee shall pay the cost of engineering and inspection of said work, and for the publication of this ordinance. (� 3. That said permittee shall properly protect all excavations V 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 Attest: 4. That said permittee, after the inception of said work, shall prosecute the same continuously with diligence, and fully complete sAid work to the satisfaction and approval of said Commissioner on or before January 1, 1968. 5. 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 contemplated by this permission and authority. 6. That said permittee shall furnish a bond to the City of Saint Paul in the sum of $10,000 conditioned to comply with all the terms of this ordinance and to indemnify and save harmless Councilmen . Nays Carlson Dalglish Holland Meredith Peterson Tedesco Mr. President (Byrne) -09w® Passed by the Council Approved: City Clerk M y Form approved Corporation Counsel By Tn Favor Against Original to City Clerk ORDINANCE 229781w COUNCIL FILE NO PRESENTED BY ORDINANCE NO 0� I — �Ao i Yeas Page 2 said City from all liability, loss, judgments, suits, costs, charges, and expense that may accrue to persons or property occasioned by the making of the improvement or arising out of same. 7. That said permittee shall not proceed to construct said sewer 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 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 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 amenddd, of the Specifications for Street and Sewer Construction in the City of Saint Paul is hereby incorporated herein by refer- ence as fully and as completely as if set forth herein verbatim. Proof of compliance with the provisions of the aforesaid 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 -z the Corporation Counsel, be filed in the 6f`fice of the Comptroller of the City of Saint Paul. 8. That said permittee shall submit said bond and insurance documents to the Office Engineer of the Department of Public �I f� Works. The Office Engineer shall request approval of said documents by the Corporation Counsel and upon approval shall file said documents with the office of the Comptroller of the City of Saint Paul. 9. That the said permittee shall within thirty days after the passage of this ordinance, file a written acceptance thereof with the City Clerk. Section 3. This ordinance is hereby declared to be 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. Councilme Carlson Dalglish Holland Meredith Peterson Tedesco AUG 2 61966 n Nays Passed by the %Coun Favor � Against AUG 2 6 1966 ;, j wiL.1�JI�u V 196E Duplicate to Printer PRESENTED BY Yeas Attest: ORDINANCE COUNCIL FILE NO. ORDINANCE An ordinance granting. pe=issi.on to R & W Beaty Camp* Qto coaptruct a publia saw in lAray Ho Drive f'4 1 feet sOt $f. Winthrop Street to 443 feet east of Winthrop Streets said public. amw to Gorve plots 7 thru ll, block 5, ;south Battle: Creek Heights Ho.l 2* This is an emergency ordinance rendered necessary for t1le pWipservAtion of the public peace, health and safety. =WIL OF THE Cif -Or >aAM- ,#'AUL }(Xi 0t' - 229 d81 $eotiou 1. 'that p6ra esion emd autb,ority are htroby`'grauted to R b 'W Bea'Lty Company to Construct a public, aever in Lacy no Drivo frow i4o feet east of Winthrop Street to 403 feet east or Winthrop Street,, said public serer" to serve 1oti 7 thru Us block %* Battle Creels Heights No. 2. Section 2+ authorised to issue a of such public sewer.$ and conditions: That the Comissioner of Public Works hereby is perult to A 8c W Rea7.ty CowWwy for the construction upon. and object to the fol a otdog provisions,$ teraa 1. That said permittee shall construct said sever entirely at Its own upenie,, under the supervision and to the sati4acti6a the Comaisaioner of Public Woa# and in .accordance with tbo plate and specifications preparod by him; 2: That said perms ttee shall: pay the cost of engineering and inspection of saId vork�, and for the publication of, this ordi, '. 3. That Wd p�i.ttee3 ohall proporly protect aXl. boner made in the stroote both dw and night so as to avoid or Injury tQ' perrsons or 32roperty; shsU properly fill and tsaip eaid strooto to avoid oettling and shkil restore said streets to their original condliticmk 4,* That said gftm ttee,, after the inceirtion of said work, �1 i prosecute the sale contUmmoty Stith .diligence, and -fully egapkl sto d vark to the satisfaction and aprovel of add Comissioner _ on or before Jauwry aj 1958. 5:. That Old pemittee enresaly eegreesi snA undertakes to fully lndeuA4 and how mess the 0 ty of 8xint Pvxlt its agents, officers 9n4 wWloyees frm wW and Bell, dswigeB.# olalmmp l ososj J udgmeat$; sui is p, or expenses wising out of or occasioned by the perforegtae of tba Vork eoateoUted by this permission and authority. Ow That said pereei.ttee shall furni0h a boned to the City of _ S int Pma in tbe sw of $10,000 conditioned to cm Ay vith. 41 save the terim of this ordinance and to indewAfy and harnlexe Councilmen Carlson Dalglish Holland Meredith Peterson Tedesco Mr. President (Byrne) X07 City Clerk Nays Passed by the Council Form approved Corporation Counsel By Approved: Mayor Favor Against Dnpli %te to Printer 4 ORDINANCE 29781 0 COUNCIL FILE NO. PRESENTED BY ORDINANCE NO- I � j ) q raBe ;9 d City frcmm a1]. 13,abi Sty loss' putts# cost CbsrV$., ex * -that M7 6CB -to '3*r$QUP' 'or 'PrOPOrty oce:a one4 b the Ong oC, the 1x9ro t or wising out ` That Said peri4tt" sheer: not proceed to conptroct laid ` pover unuss- and Until sad per tittee sha3l , have tuI4 cogp�ted ' vit4 the px'e3v A�fo71l� re�g8k�d�.Y3g 3�e;ts and' indeeaatfi cation contained is ,the .pity of ant fta, t of PaUlo Works; Specifications for Otroet saw Oevor 06nottuctiog d&W dW11 1.0, ,3959, Sftt on nUWxr"ed J,,44 of ltMA $peciticatl6as, ao at6n4ed,. 60lieMe to contractors. Pot the purpoem of this sars'Inimeee the s~fore 4d .*eotiou of, #aid 0WIticationt znibered 1.440 ax :aa►exiidea , shack bees read es though the . Vor "persa3,ttee" Vero xubstituted for the word "contkaptor" Wheroor•1 ths aafto appewl s in tho afor"&td secti6n 1.44, as ' mended.'- said Seetton 3 ;44 j as $ of the Specifications for $tre It and Sewer Construction � in the City of .I4int PAU1 If hareaby incorporaw- herein 'or "for - 'Once as i"ia3:.y and as ccmplextely ";If .set forth herein vorbativt4 Proof of compliame Vith the rmvio enms of the aforwid ,Seestion as amended,, shall be in ouch fora p the Corporation Cou�el or the City of faint fan]. gre at' 'mod -the' docuuments reTdrod by the eforeagd - Seati -on 'l i , as att r . approva3. by the Corpox tion Couni�elo be filed itt, the .ofttce� 4f the .000trolor of the City of 134nt .Paull 8'. That eatd peraitte a ski. ouUdt '6,id 'bond ,and i.memwce� documents to the , Of Pico )Mine" of ths' Defer imt of .Piib]:�.c Work. • The Office Nngineer ohall, request approv4 of said dom eentn by .the Corporatto4 Counsel i and upon aRvowa sh&U ', File mod. doQu"Atel %dth -times office of the ComptroUerr- of the City of ftlat _ .. 9 ;; That the said, pexmittee sht -,U. Vithin thirty dam after tho passage of tb * uemrtcea file A 'Written ,wceptanco tbei -sof xith the City t?i,earls* :3is�tion 3* Thieo drdinance Is hereby d1eciared ia: be an iaaerg6wy ordimmee reand.ered neceao+ary for- the p eeeer%tion of . the pt�a peacto hea7.tho WA 08fety" " Suction 4. Rdt ordinance .ob= take effeat and be in force frok and after its pssWesi -appranl sad pablicstl ions � »� AUG 2 61966 Yeas Councilmen Nays Passed by the Council Carlson Dalglish Holland In Favor Meredith Peterson Against Tedesco AUG 2 6 M Mr. President (Byrne) Approved: Attest: City Clerk Mayor Form approved Corporation Counsel By ' pt., 6; 1966 J R A W Veiaty Comp±amy ' 300 talrch St+ _ St. Paul; Minnesota ` We �bcloge a copY of Ordinance: - Nos l granting you permission to - conet:iuct a public sever- o from 140 feet east of Winthrop St, to 403 f*Ot east of tbrop. to lots 7 tbrou 3 $lpck gr South tattles Cyreek iieii 0 Mo. 2; o iii in the e� of �26.0o to Cove tbe- cost of pub Lion of t s ordinance. We- call, your .spdciai' at Lion to izgnpas 6 and 9 Qf Section 2* vhich resquires- ing n the- amount gpecified and tI* :iU x�g _ of cetptances of eftw of thid ordinance. - Both ;im�t be = filed 3n offices, R 386J City Bell,. +within 30 days. It not so filed*. the d�nojxce be s Void. _ ' e Uly y VO* 414i s, y .. City Clerk .n8 , t Pf - .t .• Y •n ^ I v LIs. 2nd d Laid over to 3rd and app \ Adopted Yeas \ Nays Yeas Nays Carlson Yeas \ Dalglish alglish Holland olland `J `Meredith 229 eredith iletersan - r eterson Tedesco Tedesco Mr. President Byrne Mr_ Vice Presiden< tPetcrs9n�