223822Original to City Clerk _ Y
•5 - ORDINANCE
COUNCIL FILE NO. 223822
PRESENTED BY 1 ` , ORDINANCE NO. 3 o r;&
AN ORDINANCE GRANTING PERMISSION TO
BATTLE CREEK DEVELOPMENT COMPAN?v". 14 WEST
SEVENTH STREET, SAINT PAUL, MINNESOTA, TO
ROUGH GRADE NORTH PARK DRIVE FROM MCKNIGHT
ROAD WEST TO WINTHROP STREET WITHIN THE
CORPORATE LIMITS OF THE CITY OF SAINT PAUL.
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 given
to Battle Creek Development Company, 14 West Seventh Street, Saint
Paul, Minnesota, to rough grade North Park Drive from McKnight Road
west to Winthrop Street within the corporate limits of the City of
Saint Paul; and that the Commissioner of Public Works is hereby
authorized to issue a permit to said Battle Creek Development Company,
upon its compliance with the following conditions, viz:
1. Said permittee shall rough grade North Park Drive from
McKnight Road west to Winthrop Street at its own cost
and expense and to the satisfaction and under the
�•, supervision of the Commissioner of Public Works.
2. Said permittee shall pay the cost of engineering and
inspection and also the cost of publication of this
ordinance.
3. Said permittee shall furnish slope releases to the satisfaction
of the Department of Public Works.
4. Said permittee shall furnish a bond of $10,000.00 to
comply with all the terms of this ordinance, and to
indemnify and save the City harmless from any and all
loss, liability, judgments, suits, costs, charges,
damages or expense that may accrue to person or property
occasioned by the grading of said North Park Drive from
McKnight Road west to Winthrop Street whereunder the
City shall be obligee.
5. Said permittee, after the inception of said work, shall
prosecute the same continuously, with diligence, and
complete said work on or before July 15, 1966.
6. Said permittee expressly agrees and under -takes 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.
44 odrinat to City Clerk
ORDINANCE
22322
COUNCIL FILE NO.
PRESENTED BY ORDINANCE NO.
Page 2.
7. Said permittee shall not proceed with said work 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, 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,
as amended, shall 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, as amended, is hereby incorporated
herein by reference as fully and as completely as if set
forth herein varb�.tin. 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 aforesaid 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, within 30 days after the passage of
this ordinance, file a written acceptance thereof with the
City Clerk.
Section 2. This ordinance is hereby declared to be an emergency
ordinance rendered necessary for the preservation of the public peace, -
health and safety.
Section 3. This ordinance shall take effect and be in force
upon its passage, approval, and publication.
Yeas Councilmen Nays Passed by the Couneil UN ' -196
Dalglish
Loss � T*+ Favor. ,
_
Meredith
Peterson
Rosen
•Mr.President (VaVoulis)
Approved:
Attest:
City Cler
iM e-ez Form approved Corporation Counsel By
JUN 2 3 1965
V
C3r-,'J PUBLISHED JUN 26 'WU6
DUPL 14- TE TO PRINTER
PRESENTED BY
ORDINANCE
COUNCIL FILE NO,
223822
ORDINANCE NO. 12
AN ORDINANCE GRANTING PERMISSION TO
BATTLE CREEK DEVELOPMENT COMPANY;, 14 WEST
SEVENTH STREET, SAINT PAUL, MINNESOTA, TO
ROUGH GRADE NORTH PARK DRIVE FROM MCKNIGHT
ROAD WEST TO WINTHROP STREET WITHIN THE
CORPORATE LIMITS OF THE CITY OF SAINT PAUL.
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 given
to Battle Creek Development Company, 14 West Seventh Street, Saint
Paul, Minnesota, to rough grade North Park Drive from McKnight Road
west to Winthrop Street within the corporate limits of the City of
Saint Paul; and that the Comissioner of Public Works is hereby
authorized to issue a permit to said Battle Creek Development Company,
upon its compliance with the following conditions, viz:
1. Said permittee shall rough grade North Park Drive from
McKnight Road west to Winthrop Street at its own cost
and expense and to the satisfaction and under the
supervision of the Commissioner of Public Works.
2. Said permittee shall pay the cost of engineering and
inspection and also the cost of publication of this
ordinance.
3. Said permittee shall furnish slope releases to the satisfaction
of the Department of Public Works.
4. Said permittee shall furnish a bond of $10,000.00 to
comply with all the terns of this ordinance, and to
indemnify and save the City harmless from any and all
loss, liability, judgments, suits, costs, charges,
damages or expense that may accrue to person or property
occasioned by the grading of said North Park Drive from
McKnight Road west to Winthrop Street whereunder the
City shall be obligee.
5. Said permittee, after the inception of said work, shall
prosecute the same continuously, with diligence, and
complete said work on or before July 15, 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.
Yeas Councilmen Nays Passed by the Council
Dalglish
Holland
Loss Tn Favor
Meredith
Peterson Against
Rosen
Mr.President (Vavoulis)
Approved:
Attest:
City Clerk
1M sea Form approved Corporation Counsel By
Mayor
DUPLJdATE TO PRINTER t
ORDINANCE
PRESENTED BY
COUNCIL FILE NO,
223822
ORDINANCE NO. f J Q
Page 2.
7. Said permittee shall not proceed with said work unless
and until said pernittee 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, 19590 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,
as amended, shall 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, as amended, is hereby incorporated
herein by reference as fully and as completely as if set
forth herein vebatim. 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 aforesaid 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, within 30 days after the passage of
this ordinance, file a written acceptance thereof with the
City Clerk.
Section 2. This ordinance is hereby declared to be an emergency
ordinance rendered necessary for the preservation of the public peace,
health and safety.
Section 3. This ordinance shall take effect and be in force
upon its passage, approval, and publication.
Yeas Councilmen Nays
Dalglish
LosI�9liEms.
s
Meredith
Peterson
Rosen
Mr.President (Vavoulis)
Attest:
City Clerk
IM "2 Form approved Corporation Counsel By
JUN 2 31965
Passed by the Coun 1
b Tn Favor
Approved:
O A t
JUN 2 319%
Mayor
f
To the Honorable, the City Council
Saint Paul, Minnesota
Saint Paul, Minnesota
July , 1965
Gentlemen:
We, the undersigned, do hereby accept and agree to abide by all
the terms and conditions of Council File No. 223822, being
Ordinance No. 13012, adopted by the Council on June 23, 1965.
BA7
BY
June 29. 19650
Battle Creak nevelopm®nt Co.,
- _ 14 W, 7th. St.,
St: Paul f` Piirm.
q•
Gentleman:
-We enclos ®a copy•of Crdi
No. 012. granting you
- per to rough. grade No�'th .P
rive f = kKn ht Road west
. to Winthrop Strcet= also bill in
ssum of '.38 to comer the cost
of publication of 'this crdinance.
We Cali your spec^ anti o Paragraphs .4 aril 8 of
= Section ], which. requires
cf a in the amount specif`iod
and the :6.1 .in9 Of an ac anae of
to ' of th�.s ord3�aance. Both
'
must be filed In tad" ide, Rbom
. City Roll., within 30 daye.
If not so filod, the o Awe -bets
vow.
IF
_ ;•
3
Very tnay yours.
hp
` . -Citk Clerk
ORIGINAL CITY OF SAINT PAUL
TO PAYOR OFFICE OF THE COMPTROLLER
RECEIPT
N" 2062
a
Qm. 17-1 k-5
t
CITY
i
5Q0 3 -65 4W82 BY aaw�
Is, ( 2nd
Laq over to S"'
3rd and app — Adopted
Yeas \ Nays Yeas - Nays
�Dalglish �palglish
�olland -Ho'f at��
\ Loss. 22382 Loss
t
Meredith \Meredith
Peterson � Peterson
Rosen Rosen
Mr. President Vavoulis r. President Vavoulis