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223246odginal to &y Clerk ORDINANCE 223246 COUNCIL FILE NO. PRESENTED BY ORDINANCE NO. AN ORDINANCE GRANTING PERMISSION TO KENNETH W. BACCHUS, INC. TO ROUGH GRADE ALL THE INTERIOR STREETS WITHIN THE PLAT KNOWN, AS BACCHUS ST. PAUL HILLS, NAMELY, WOODCREST DRIVE FROM WHITE BEAR AVENUE EASTERLY TO THE END OF THE PLAT, BATTLE CREEK PLACE FROM WOODCREST DRIVE TO METCALF LANE, BATTLE CREEK COURT FROM BATTLE CREEK PLACE EAST TO THE CUL -DE -SAC, AND METCALF LANE FROM UPPER AFTON ROAD TO BATTLE CREEK PLACE. 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 Kenneth W. Bacchus, Inc. to rough grade all the interior streets within the plat known as Bacchus St. Paul Hills, namely, Woodcrest Drive from White Bear Avenue easterly to the end of the plat, Battle Creek Place from Woodcrest Drive to Metcalf Lane, Battle Creek Court from Battle Creek Place east to the cul- de -dac, and Metcalf Lane from Upper Afton Road to Battle Creek Place. Section 2. That the Commissioner of Public Works is hereby authorized to issue a permit to Kenneth W. Bacchus, Inc. for the rough grading of the above mentioned sections of streets, subject to its compliance with the following conditions: 1. Said permittee shall rough grade said sections of streets entirely at its own expense, under the supervision and to the satisfaction of the Commissioner of Public Works and in accordance with the plans and specifications of the Department of Public Works. 2. The Engineering Department of the City of Saint Paul shall establish the necessary elevations and profiles for said streets. 3. Said permittee shall pay the cost of engineering and inspection of said work, and shall pay the cost of publication of this ordinance. 4. Said made in any s- and night, so property, and of streets to permi abject as to shall avoid ttee shall properly protect all excavations sections of streets or easements, both,day avoid all damage or injury to person or properly fill and tamp any subject sections settling. Page 2. 223246 U � 97 5. Said permittee, after the inception of said work, shall prosecute said work continuously, with diligence and fully complete said work to the satisfaction and approval of the Commissioner of Public Works on or before July 1, 1966. 6. 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. 7. Said permittee shall not proceed to rough grade said sectionsof streets unless and until said permittee has fully complied with the provisions regarding insurance and indemnifi- cation contained in the City of Saint Paul Department of Public Works Specifications for Street and Sewer Construction, dated April 1, 1959, as amended, Section 1.44 and found on pages 1 -13 through 1 -17 of said Specifications applicable to contractors. For the purposes of this ordinance, the aforesaid section of said Specifications numbered 1.44 shall be read as though the word "permittee" were substituted for the word "contractor" wherever the same appears in the aforesaid Section 1.44. Said Section 1.44 of the Specifications for Street and Sewer Construction in the City of Saint Paul is hereby incorporated herein by-reference r as fully and as completely as if set forth herein verbatim. Proof of compliance with the provisions of the aforesaid Section, 1.44 shall be in such form as the Corporation Counsel of the City of Saint Paul may direct, and the documents required by the afore- said Section 1.44 shall, after submission to the Corporation Counsel, be filed in the office of the Comptroller of the City of Saint Paul. 8. 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 the making of the said improvement or arising out of the same. 9. Said permitte.e;, before enteriftg upon or doing any of the rough grading herein permitted and authorized, shall procure from the abutting owners such easements in and to the abutting property as may be necessary for slopes, cuts and fills, and shall obtain a written release from such owners releasing and discharging the City from any and all damages by reason of the rough grading of said sections of streets, and shall file said written releases with the Department of Public Works. 10. Said permittee shall, within ten days after the passage of this ordinance, file a written acceptance thereof with the City Clerk. t' `i 414 offal IL VV°cierk , ORDINANCE � 2232 COUNCIL FILE NO. RENTED BY ORDINANCE NO. Page 3. 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 upon its passage, approval and publication. Yeas Councilmen Nays Passed by the Council MAY 191965 Dalglish Holland Loss Tn Favor Meredith Peterson t Rosen Mr.President (Vavoulis) MAY 19 1965, Approved: Attest: A!��d City Clerk V Mayor IM &°z Form approved Corporation Counsel By 19 PURISM MAY 22 DUPLICATE TO PRINTER ORDINANCE COUNCIL FILE NO 223246 . qlqPRESENTED BY ORDINANCE NO. AN ORDINANCE GRANTING PERMISSION TO KENNETH W. BACCHUS, INC. TO ROUGH GRADE ALL THE INTERIOR STREETS WITHIN THE PLAT KNOWN AS BACCHUS ST. PAUL HILLS NAMELY WOODCREST DRIVE FROM WHITE BEAR AVEa EASTERLY TO THE END OF THE PLAT, BATTLE CREEK PLACE FROM WOODCREST DRIVE TO METCALF LANE, BATTLE CREEK COURT FROM BATTLE CREEK PLACE EAST TO THE CUL -DE -SAC, AND METCALF LANE FROM UPPER AFTON ROAD TO BATTLE CREEK PLACE. 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 Kenneth W. Bacchus, Inc. to rough grade all the interior streets within the plat known as Bacchus St, Paul Hills, namely, Woodcrest Drive from White Bear Avenue easterly to the end of the plat Battle Creek Place from Woodcrest Drive to Metcalf Lane, Battle Creek Court from Battle Creek Place east to the cul- de -aac, and Metcalf Lane from Upper Afton Road to Battle Creek Place. Section 2. That the Commissioner of Public Works is hereby authorized to issue a permit to Kenneth W. Bacchus, Inc. for the rough grading of the above mentioned sections of streets, subject to its compliance with the following conditions: 1. Said permittee shall rough grade said sections of streets entirely at its awn expense, under the supervision and to the satisfaction of the Commissioner of Public Works and in accordance with the plans and specifications of the Department of Public Works. 2. The Engineering Department of the City of Saint Paul shall establish the necessary elevations and profiles for said streets. 3. Said permittee shall pay the cost of engineering and inspection of said work, and shall pay the cost of publication of this ordinance. 4. Said permittee shall made in any subject sections and night, so as to avoid all property, and shall properly of streets to avoid settling. Yeas Councilmen Nays Dalglish Holland Loss Meredith Peterson Rosen Mr.President (Vavoulis) Attest: properly protect all excavations of streets or easements, both day damage or injury to person or fill and tamp any subject sections City Clerk IM "2 Form approved Corporation Counsel By Passed by the Council Approved: Mayor In Favor Against - . G Page 2. 5. Said permittee, after the prosecute said work continuously, said work to the satisfaction and Public Works on or before July 1, 223246 inception of said work, shall with diligence and fully complete approval of the Commissioner of 1966. 6. 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. 7. Said permittee shall not proceed to rough grade said sectionscf streets unless and until said permittee has fully complied with the provisions regarding insurance and indemnifi- cation contained in the City of Saint Paul Department of Public Works Specifications for Street and Sewer Construction, dated April 1, 1959, as amended, Section 1.44 and found on pages 1 -13 through 1 -17 of said Specifications applicable to contractors. For the purposes of this ordinance, the aforesaid section of said Specifications numbered 1.44 shall be read as though the word "permittee" were substituted for the word "contractor" wherever the same appears in the aforesaid Section 1.44. Said Section 1.44 of the Specifications for Street and Sewer Construction'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 the provisions of the aforesaid Section 1.44 shall be in such form as the Corporation Counsel of the City of Saint Paul may direct, and the documents required by the afore- said Section 1.44 shall, after submission to the Corporation Counsel, be filed in the office of the Comptroller of the City of Saint Paul. 8. 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 the making of the said improvement or arising out of the same. 9. Said permittee,, before entering upon or doing any of the rough grading herein permitted and authorized, shall procure from the abutting owners such easements in and to the abutting property as may be necessary for slopes, cuts and fills, and shall obtain a written release from such owners releasing and discharging the City from any and all damages by reason of the rough grading of said sections of streets, and shall file said written releases with the Department of Public Works. 10. Said permittee shall, within ten days after the passage of this ordinance, file a written acceptance thereof with the City Clerk. DUPLICATE TO PRINTER PRESENTED BY ORDINANCE COUNCIL FILE NO, Page 3. ORDINANCE NO. 223246 IN 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 upon its passage, approval and publication. Yeas Councilmen Nays Dalglish Holland Loss Meredith Peterson Rosen Mr.President (Vavoulis) Attest: City Clerk IM "2 Form approved Corporation Counsel By MAY 19 105 Passed by the Council In Favor Agat'mit MAY 191965 Approved: Mayor Saint Paul, Minnesota, May 24, 19650 To the Honorable, the City' Council Saint Paul, Minnesota. Gentlemen; - Y We, the undersigned, d o hereby accept and agree to abide by all the terms and.eonditions of Council File No. 223246, being Ordinance No. 12989, -adopted.by the Council,on May 19, 1965. y i KENNETH iCHUS C CTING CO. INC., r By l s * a I t" a. • s y May 24, 1965. ` Kenneth Wt Bacchua.Contraating C_o.* Inc., - '1701 Arcade St., - St. Paul, .Minn. ' - - y • ` Dear Sirs _ we enclose a aapy, of Ord ce 29894 ,granting you . . - permission to rough grade certain st s described therein= -also bill iti the eum of $26.63 -t the t of publication of this- ordinance. = We tali your • cial atten can td Paragraphs 8•and 10 of Section 2 which require t filing o bond ir� the .amount• specified, and -the tiUng ©f an acaepis of the is • oY this ordinance. Both must be -filed in this of R Ball, within ten days. If not sor - ' filed; tho, o ecome_ ' Very truly yours, hp ' - City Clerk. - - _ _ i �© B-:') ACCHUS, Milton Rosen Commissioner of Public Works E - MEN - GENERAL CONTRACTORS -223246 February 8,-1965 1701 Arcade Street St. Paul, Minn. 55109 Phono 771 -8828 We hereby request an ordinance allowing our company to perform the necessary grading and earth moving work necessary to bring all of the streets and boulevards to finish grade within the area known as Bacchus St. Paul Hills. This property is owned by our company and is located on the northeast corner of Vhite Bear Ave. and Upper Afton Road. The area is roughly 14 acres._ Our firm recently platted this land and would like to begin construction as soon as possible. We also request that your Engineering Dept. establish the necessary elevations and profiles for the streets. We agree to comply with all regulations, plans and specifications applicable to this work. Kenneth W. Bacchus, 1�nc. Henry G/ Lessman - Vice Pres. HGL/dp Y n 0 20 N q �A— -� 1/.a aD C-2 EST DR.. s 'n' I• 73.75 r•l. K'� .� •• /•, 8o So Qo tl i \ •2 �. M 85.93 3s• P zo A v I.B %6. ' s i.I to 14171-97 _ _ _ _ �, h � Q a4, g • ' - /a „s . ,7.79 , O ^.� 3 •• I I ai S a4.71 Ss 5 " I 13 0 8c.si / ?/./•4 �� \\ `s��c spy , • /S' �� , 16 - - 19 h ^� j •— , 74 99 CFO • .33 ? 33h.y-- 7.�Oy•o -06-4/ -- o- ' M254 a Z3 al V w 1 /zo• `` ` ^� s �`y ?ro _ tw Of ' z G. /J w. 9 ki 1.7..1 ` �,.�• �/ '' \�^ -1 . I i y -4,0 1965 ` Bon W-1ton Rosen _ - - Camar* of public Works' - A - Building - Dear . Sir a The City Council today inflc - app an ordinance gmnting - permission to Kenneth W. gr4de 411 the , ` 3 interior streets within plat' as thus St:2 Aul $311ei which' grdiname had Fir . Rmdittg y. very truly yows! F - s pity Clerk' - ng } Y ` _ Is I 2nd Laid over to 3rd and apps' Adopted A"` Yea Nays Yeas Nays �alglish Dalglish �olland olland Loss v Loss `Meredith �Vvleredifh Peterson 223246 Peterson Rosen Rosen \Mr. President Vavoulis r. President Vavoulis