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226529o, _, to City Clerk' ORDINANCE COUNCIL FILE NO. PRESENTED BY ORDINANCE NO. 226529 An ordinance granting permission to Lange Brothers Realty Company to excavate for and construct certain sewer and water lines under Hubbard Avenue. 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 Lange Brothers Realty Company "for its construction of a 3/4 inch copper water line under and across Hubbard Avenue 35 feet west of the west property line of Avon Street at a depth,nof approximately 7 -1/2 feet. Section 2. That permission and authority are hereby granted to Lange Brothers Realty Company for its construction of a 4 inch clay tile sewer under and across Hubbard Avenue at a point 75 feet west of the west property line of Avon Street on the north line of Hubbard Avenue and 85 feet west of the west line of Avon Street on the south line of Hubbard Avenue at a depth of approximately 5 -1/2 feet. Section 3. That the Commisssioner of Public Works is hereby authorized to issue a permit to Lange Brothers Realty Company for the aforesaid construction upon said.permittee's compliance with the following conditions: 1. Said permittee shall construct all said lines entirely at its own expense, under the inspection and supervision and to the satisfaction of the Commissioner of Public Works, in accordance with plans and specifications to be filed with and approved by said Commissioner:i, 2. Said permittee shall pay the cost of any necessary engineering and inspection of said work, and shall pay the cost of publication of this ordinance. 3. Said permittee shall properly protect all excavations made in the above named area, both day and night, so as to avoid all damage or injury to persons or property, and shall properly fill and tamp all subject area or other areas affected to avoid settling. t 4. Said permittee, after the inception of said work, shall prosecute same continuously with diligence, and fully complete said work to the satis- faction and approval of the Commissioner of Public Works at the earliest possible date. S. `Said permittee expressly agrees and undertakes to fully indemnify and hold harmless the -City of Saint Paul, its agents, officers, serTants 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. 0 Yeas Councilmen Nays Dalglish Holland Loss Meredith Peterson Rosen Mr. President (Vavaulis) Attest If Passed by the Council Approved: In 'Favor Against City Clerk Mayor im zz Form approved Corporation Counsel By J &AAO Ori¢i.ai to City Clerk ORDINANCE 225529 COUNCIL FILE NO. IPRESENTED BY ORDINANCE NO. Page 2. 6. Said permittee shall furnish a bond to the.City of Saint Paul_, in the sum of $10,000.00, conditioned to comply with all the terms of thisTw_ ordinance, and to indemnify and save harmless said City from all liability; loss, judgments, suits, costs, charges, and expenses that may accrue to persons or property occasioned by said work or arising out of the same. 7. Said permittee shall, within thirtydays after the passage of this ordinance, file with the City Clerk, a written acceptance of this ordinance, its terms and conditions. 8. Said permission shall be� affective only until permanent water and sewer lines are constructed and placed in Hubbard Avenue. Section 4. This ordinance is hereby declared to be an emergency ordinance rendered-necessary for the preservation of the public peace, health, and safety. Section S. This ordinance shall take effect and be in force upon its passage, approval and publication. F Yeas Councilmen Nays Dalglish Holland Loss .Meredith- Rosen Mr. President (Vavo i ) 7 r� Attest: City Clerk iM zz Form approved Corporation Counsel By 7s' ' 9A'N 141 Passed by the Council r. Tn Favor O against Approved: �A 141966 Mayor _ pUBLISH JAIV 221966 DupUcate to Frinter ` { 9 ORDINANCE 225529 COUNCIL FILE NO. PRESENTED BY ORDINANCE NO.- An ordinance granting permission to Lange Brothers Realty Company to excavate for and construct certain sewer and water lines under Hubbard Avenue. 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 Lange Brothers Realty Company for its construction of a 3/4 inch copper water line under and across Hubbard Avenue 35 feet west of the west property line of Avon Street at a depth of approximately 7 -1/2 feet. Section 2. That permission and authority are hereby granted to Lange Brothers Realty Company for its construction of a 4 inch clay tile sewer under and across Hubbard Avenue at a point 75 feet west of the west property line of Avon Street on the north line of Hubbard Avenue and 85 feet west of the west line of Avon Street on the south line of Hubbard Avenue at a depth of approximately 5 -1/2 feet. Section 3. That the Commisssioner of Public Works is hereby authorized to issue a permit to Lange Brothers Realty Company for the aforesaid construction upon said permittee's compliance with the following conditions: 1. Said permittee shall construct all said lines entirely at its own expense, under the inspection and supervision and to the satisfaction of the Commissioner of Public Works, in accordance with plans and specifications to be filed with and approved by said Commissioner.. 2. Said permittee shall pay the cost of any necessary engineering and inspection of said work, and shall pay the cost of publication of this ordinance. 3. Said permittee shall properly protect all excavations made in the above named area, both day and night, so as to avoid all damage or injury to persons or property, and shall properly fill and tamp all subject area or other areas affected to avoid settling. 4. Said permittee, after the inception of said work, shall prosecute same continuously with diligence, and fully complete said work to the satis- faction and approval of the Commissioner of Public Works at the earliest possible date. 5. Said permittee expressly agrees and undertakes to fully indemnify and hold harmless the City of Saint Paul, its agents, officers, servants 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. Yeas Councilmen Nays Dalglish Holland Loss Meredith Peterson Rosen Mr. President (Vavaulis) Attest: City Clerk lel X 2 2 Form approved Corporation Counsel By Passed by the Council Approved: Mayor Tn Favor A gainst DujpH"te to Printer ' ORDINANCE 22529 COUNCIL FILE NO. PRESENTED BY ORDINANCE NO.— Page 2. 6. Said permittee shall furnish a bond to the City of Saint Paul, in the sum of $10,000.00, conditioned to comply with all the terms of this ordinance, and to indemnify and save harmless said City from all liability, loss, judgments, suits, costs, charges, and expenses that may accrue to persons or property occasioned by said work or arising out of the same. 7. Said permittee shall, within thirty days after the passage of this ordinance, file with the City Clerk, a written acceptance of this ordinance, its terms and conditions. 8. Said permission shall be affective only until permanent water and sewer lines are constructed and placed in Hubbard Avenue. Section 4. This ordinance is hereby declared to be an emergency ordinance rendered necessary for the preservation of the public peace, health, and safety. Section 5. This ordinance shall take effect and be in force upon its passage, approval and publication. Yeas Councilmen Dalglish Holland Loss Meredith Xeterson- Rosen Mr. President (Vavaulis) Attest: City Clerk JAN 141960 Nays Passed by eCo uncil In Favor A gainst Approved: JAN 14196F im X22 Form approved Corporation Counsel By Mayor St. Paul, Minnesota, Jan. 24, 1966. To the Honorable, the City Council, Saint Paul, Minn. ` Gentlemen: Wer the undersigned, do hereby accept.and agree to abide by all the terms and conditions of Council File No. 226529, being Ordinance No. 13150, adopted by the Council on January 14, 1966. = t ` - - - _ •' a { + ..* LANGE R �ALTy C O ANY -- T , 244 19664 r ano B_ ros. Realty Co., 868 W; Mim*haha Ave. y ' , " Sty , Pauli Minn. • - - .• _ � _. - , ` Attu$ Lange.. F Gent1dMAW - _ We encloue a copy of Or e N . 150 greanting you Permission to - exaavate3 for and coned - ' t tain s4wer and rater lines under kabberd Ar�e�iva; ego bill a $um of $2]..20 to x coven they coat of publics' u er.. we call your . cieal atte t on to egraphs 6 and ---Of 006ti6n 3 which red a the tili of A bond IA the amount specifieed ,and the lili' ' an acne a of tbo tot" of this ordinance: Roth Watt be ed - 3n a off ice # Rom it 386s City HeLU$ within if edi the: ordinance! begomOs void. R , very truiv}r yourei, City ,010k hp - - I st ) 0 2nd Laid over to p 3rd and app — Adopted I Yeas Nays Y \eas Nays Dalglish �alglish Holland lolland Loss 226529 Loss / Meredith Meredith Peterson _Eaf4 Son- - Rosen, Rosen Mr. President Vavoulis Mr. President Vavoulis