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221110jOrlainal to Cjts cleric ' ORDINANCE COUNCIL FILE NO. � Q PRESENTED BY ORDINANCE NO. An ordinance granting permission to Capitol Mortgage and Investment Co., a Minnesota corporation, to grade and surface with bituminous material an alley bounded by Ramsey Street, Oakland Avenue and Western Avenue, in 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 granted to Capitol Mortgage and Investment Co., to grade and surface with bituminous material an alley bounded by Ramsey Street, Oakland Avenue and Western Avenue, and the Commissioner.of Public.Works is hereby authorized to issue-a permit -'therefor" to"-sa1&- Capitol.: Mortgage and Investment Co. upon its compliance with -the following conditions, viz: 1 1. Said permittee shall grade and surface with bituminous material said public alley, entirely at its own expense and to the satisfaction and under the supervision of the Commissioner of Public Works, and in accordance with plans and specifications appiayed by the Department of Public Works. 2. Said permittee shall pay the cost of engineering and inspection of said work and shall pay the cost of publication of this ordinance. 3. Before entering upon or doing any of said work, said permittee 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 grading and surfacing with bituminous material of said dedicated public alley. 4. Said permittee, after the inception of said work, shall prosecute the same continuously, with diligence, and -shall complete said work on or before September 1, 1965. 5. Said permittee shall furnish a bond of $10,000.00 to the City of Saint Paul, conditioned to comply with all of the terms of this ordinance, and to indemnify and save harmless the City from any and all loss, liability, judgments, suits, costs, charges, damages or expense that may accrue to person or property occasioned by the grading and surfacing with bituminous, material of said dedicated public alley. • Yeas Councilmen Nays Passed by the Council u Dalglish ` Holland Loss Tn Favor Meredith ir Peterson A vainat Rosen Mr.President (Vavoulis) Attest: City Clerk 1M "2 � �, Form approved Corporation Counsel r - orisinel to Sits Cleric y• v ORDINANCE 221 -1x_0 COUNCIL FILE NO. PRESENTED BY ORDINANCE NO. 1 Page 2. 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 grade and surface i with bituminous material said dedicated public alley 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 fnr. Street and Sewer- Construction, -- Sdated -- April :l, 19599 as�amerrded, 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 read as though the word "permitteell 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 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 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 dedicate a public easement abutting said alley for the purpose of providing an area available for the turning around of vehicles, said easement to consist of an area of at least twenty feet by twenty feet and in a location which shall meet with the approval and satisfaction of the Commissioner of Public Works. 9. Said permittee shall, within 30 days after the passage of this ordinance, file written acceptance thereof with the City Clerk, in a form to be approved by the Corporati< Counsel. If such acceptance is not filed within said time,_the authority hereby given will be null and void. Sec. 2. This ordinance is hereby declared to be an emergency ordinance rendered necessary for the preservation of the public peace, health and safety. Sec. 3. This ordinance shall take effect and be in force upon its passage, approval and publication. DEC 3 11964 Yeas Councilmen Nays Dalglish Holland Loss a Meredith 7 Peterson Rosen Mr.President (Vavoulis) Attest: 4 C / City Clerk Passed by the Favor d A �nst �D�1 a 1M "2 Form approved Corporation Counsel 3y � C I ,due sHEn JAN 2 •L'LrLICATE TW PRINTER PRESENTED BY Y /7 !f Attes ORDINANCE COUNCIL FILE NO. ORDINANCE NO. 0 An. ordinance gr.4mting p�rmis sion to Capitol. mortgage *IA Investment Co, ta - 'Minuiasota corporation, to grade and surface with bl;tuminous material an, alley bounded bit Ramsey Street, t e':and Avenue " Vostern Avenue, ip the City of Sai 't Paul. This is an emergency ordinance rer_dered. necessary7'ar the preservation +��" the public p�&ce 1 health and'_ s `a ty. THE UNCIL OF THE CITY, ,"OF SAINT PAUL, DOES OADAINt Section I. That epiiission and authority are hereby granted to Capitol Mortgage annd 4�Ibwe stlrie it Co., to grade and surface with bl - ominous material sn 11ey bounded by Ramsey Street, Oakland venue and Western Ave e, and the Commissioner of Public Works hereby authorized }'issue a permit therefor to said Capitol conditionso ort&a rand Investm6n . upon its compliance with the following ge vizt �. 1. Said permitt a MhAll grade and surface with bituminous material said P.blia alley entirely at its own expanse and to the sati!ifaotion and, under the supervision of the Comma. ssionip of Public Works, and in. accordanoo r with plans andl�sp cifioations approved by the Department of Publ i e Work . Said permittae ,shill pay the .cost of engineering and r °I inspection. of 4ia, work, a.nd shall pay the cost of ,k r. publication of 9this ordinance. 1 Before entarin updn or doing any of said work, said I; permittee shal Iprooure from the abutting owners su t, easements in d- to the abutting property as ivay be necessary for .il©pos, Cuts and fills, and shall obtain �4. a written relo4ii, from such owners, releasing and discharging thwiCity from any and all dimages by reason 1, of the grading1 #h4 surfacing with bituminous material tir of said ded,icatea- public alley. / Said permittac, ;'4itor the ineoption of said work$ shall prose same continuously, with diligence, and shall completi said work on or before September- 1, 1965. I. Said permittea /shall furnish a bond of 510,000,00 to the City of S*i�t, Paul, conditioned to comply with all 'f of the terms of'!,$his ordinance, and to indemnify and save harmless tho City from any and all loss, liability, 1 ,judgments$ suit", costs, charges, damages or expense that may accrue o person or property occasioned by the grading and sur ping with bituminous material of said dedicated publi, !" a111e7 . Councilmen Nays Dalglish Holland Loss Meredith Peterson Rosen Mr.President (Vavoulis) f i City Clerk �- ' a62 Form approved Corporation Counsel By Passed by the Council Approved: Mayor In Favor Against .z = Saint Paul, Minnesota, Jan.- 4; 1965. To the Honorable, the City Council,` .a ; Saint Paul, Minnesota. - Gentlemen: We, -the undersigned', do hereby accept and agree to abide by all the terms and conditions of Council Ei.le_No.`221110, being Ordinance No. 12890, adopted by the`Council on December 31, 1964 CAPITOL MORTGAGE & INVESTMENT COMPANY h By '/ t _ I 1.. k - f ` . f 4 t Jan. 4, 1965. Capitol Mortgage 4 Investment Co. 1428 N. Washington Ave.. Minneapolis, Minn. 1 S Mr. n Herman. Dear Sirs a ` We enclose a copy o Ordina, a o. 12890, grpnting you permission to grad Q ands i bi nous mataric31 an a�.ley ,. { bounded by Ram�oy 5troQ , akland nue- r;estem lvenue, also bill in -the sum of $2j. to cover h cost of 'publication of this ordinance. - We pall • our s ial 'at ion' to Paragraphs 5,$ Sand, 9 of Section Oinan g of a bond in the amount spc�. cified; aluirerients, also the dedication of a public easement aey, and thg filing of an acceptance of the- 0: terms of t hich` must be filed in this office, Room , 386s City days. If trot so filed, the ordinance _ becomes vo - _ -_ Very truly yours., _ rips City Clerk r k t 2zl //d CAPITOL MORTGAGE & INVESTMENT CO. fi&J orth, Wahhington ave • Minne,ap:o1is,x k innas.ota 522&8627 City of St* Paul Bureau of Records St,. Paul, Minnesota Mr Robert Gerbar� Dear Sir:: This is to confirm the complete acceptance of conditions as outlined in letter dated Jan *4thi,1965 and covered by ordinance go., 12890 also as covered by council action File No..221609„ We are making arangements with our insurance agent to comply with all conditions and the bond w.iTil be forwarded shortly to comply with all your required provisions& I have discussed this matter with Mr Gregg Beckett s:o he is families with this matter We would appreciate your giving us and eatention to fullfill all the bond requirements* ncere ly - TMTHER PRESEDENT `J st I I =� r 2nd Laid over to % 3rd and app°`Adopted- Yeas \ Nays Yeas Nays �alglish \Dalglish �klolland Holland Loss Loss Meredith Meredith Peterson Peterson Rosen - • '_ °J Rosen r. President Vavoulis r. President Vavoulis