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218947oriain4 'to • ' clerk PRESENTED BY M ORDINANCE COUNCIL FILE NO. 2.8947 ORDINANCE NO. 1,0g AN ORDINANCE GRANTING PERMISSION TO THE ANDREWS ALLEN COMPANY TO CONSTRUCT, GRADE AND SURFACE WITH SUITABLE BITUMINOUS MATERIAL, FOR PUBLIC PEDESTRIAN AND VEHICULAR TRAVEL, A DRIVEWAY NOT LESS THAN 24 FEET IN WIDTH RUNNING FROM RAMSEY STREET SOUTH 90 FEET MORE OR LESS WITH- IN THE BOUNDARIES OF DEDICATED BUT UNGRADED WESTERLY AVENUE AS SHOWN ON A PLAN FILED IN THE DEPARTMENT OF PUBLIC WORKS. THIS IS AN-EMER- GENCY 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 'C)uncil File No. 215947— Ordinance No. .112751 —By Milton Rosen — 'q n ordinance granting permission to 7•E13ndrews Allen Company to con - J94` •7rac.e and surface with suit - r- :.a.nus material yr.r ,t,' +• "9 t9 20 [,urn 1y1 .';:s;1 That permission and-authority are hereby given to Andrews Allen Company, 202 -965 Payne Avenue Building, Saint Paul, Nli.nnesota, to construct, grade and surface with suitable bituminous material, for public pedestrian and vehicular travel, a driveway not less than 24 feet in width running from Ramsey Street south 90 feet more or less within the boundaries of dedicated but ungraded West- ern Avenue as shown on a plan filed in the Department of Public Works. • The Commissioner of Public Works is hereby authorized to issue a permit to The Andrews Allen Company upon its compliance with the following conditions,-..to- wit: 1. Said permittee shall construct, grade, and surface said driveway with suitable bituminous material 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 or- dinance. ' 3. Said permittee shall properly protect all excava- tions made in any subject section of driveway or street both day and night, so as to avoid all damage or injury to person or property, and shall properly fill and tamp any subject section of driveway or street to avoid settl- ing. 4. Said permittee shall furnish a bond of $10,000 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, dam- ages or expense that may accrue to person or property. occassioned by the construction, grading and surfacing of said driveway, whereunder the City shall be obligee. Yeas Councilmen Nays Dalglish Holland - Loss Meredith Peterson Rosen Mr.President (Vavoulis) Attest: City Clerk 1M &b2 Form approved Corporation Counsel E S� Passed by the Council 5. Said permittee, after the inception of said work, shall prosecute the same.continuously, with diligence, and complete said work on or before October 15, 1964. 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. The permittee, Andrews Allen Company, shall install a catch basin or other appropriate mea- sure to take care of the run off water thereby running across or accumulating upon the permittee's property. The permittee, its successors and as- signs shall forever hold harmless the City of Saint Paul, from any and all liability occasioned by the diversion of run off water across or upon said pro- perty arising out of the installation of said{'&ive- way. 8. 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 a- mended, 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 re- ference as fully and as completely as if set forth herein verbatim. Proof of compliance with the pro- visions 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. 9. Said permittee shall within 30 days after the passage of this ordinance, file a written acceptance thereof with the City Clerk. Original t!%Cltj, Clerk PRESENTED BY ORDINANCE COUNCIL FILE NO. ORDINANCE NO. IL4 -3- 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 Holland Loss r1 Meredith IIJJ Peterson Rosen Mr.President Wavoulis) Attest: � �• /� City Clerk 1M "2 Form approved Corporation Counsel By�' r jut 1,5 Passed by the Council ITn Favor DUPLICATE TO PRINTER ORDINANCE PRESENTED BY 0 COUNCIL FILE NO, ORDINANCE NO. AN ORDINANCE GRANTING PERMISSION TO THE ANDREWS ALLEN COMPANY TO CONSTRUCT, GRADE AND SURFACE WITH SUITABLE BITUMINOUS MATERIAL, FOR PUBLIC PEDESTRIAN AND VEHICULAR TRAVEL, A DRIVEWAY NOT LESS THAN 24 FEET IN WIDTH RUNNING FROM RAMSEY STREET SOUTH 90 FEET MDR$ OR LESS WITH- IN THE BOUNDARIES OF DEDICATED BUT UNGRADED WESTERN AVENUE AS SHOWN ON A PLAN FILED IN THE DEPARTMENT OF PUBLIC WORKS, THIS IS AN EMER- GENCY ORDINANCE RENDERED NECESSARY FOR THE PRESERVATION OF THE PUBLIC PEACE, HEALTH AND SAFETY. SECTION 1 s That permission and authority are hereby given to Andrews Allen Company, 202 -965 Payne Avenue Building, Saint Paul, Minnesota, to construct, grade and surface with suitable bituminous material, for public pedestrian and vehicular travel, a driveway not less than 24 feet in width running from Ramsey Street south 90 feet more or less within the boundaries of dedicated but ungraded West- ern Avenue as shown on a plan filed in the Department of Public Works., The Commissioner of Public Works is hereby authorized to issue a permit to The Andrews Allen Company upon its compliance with the following conditions, -to- wit! 1. Said permittee shall construct, grade, and surface said driveway with suitable bituminous material 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 or- dinance. 3. Said permittee shall properly protect all excava- tions made in any subject section of driveway or street both day and night, so as to avoid all damage or injury to person or property, and shall properly fill and tamp any subject section of driveway or street to avoid settl- ing* 4. Said permittee shall furnish a bond of $10,000 to comply with all the terms of this ordinance, and to indemnify and save the City harmless from any and all loss, liability$ judgments, suits, costs, charges, dam- ages or expense that may accrue to person or property occassioned by the construction, grading and surfacing of said driveway, whereunder the City shall be obligee. Yeas Councilmen Nays Dalglish Holland Loss Meredith Peterson Rosen Mr.President (Vavoulis) Attest: City Clerk 1M "2 Form approved Corporation Counsel By Passed by the Council Approved: Mayor Tn Favor A srinnt `: .v • "_ +r`' ') e'er'' •Y - }," 't � - ` }• - 4Z _ •_ _. - _ ' -. 'w• - ' 4 _ i • . :f '3 . �' r3 • : s -r -_ _ - y' _ - 'ems -. fa. _ .. t,: (j�''�(� -. _ + 4 _ '2 .]. • • . Y _ •- l !.' t L • aL.- r ` -Z .12. , • / /j, ( \) /Z: y. C • . :ty �, _ .M:.i - . • �/, •ss.{':l [i `' - -�c T�-7. .i 'h• Said,'`permittee * after the inception of said _ - • r. - xork;;. shall' .pro�ecue. t- same continuously., ..° diligence; and complete paid_ stark on o_.before.. . :Octoper.15, 1964: Said permitf ee expressly agrees-- and untdertakes ..- - - -"'ta fully - iademinify and' hold harmless. the -City of • - :t3aint -Pauli its agents officers and esiployeesT from any,and,al3'damages, claims,• looses,- judgments.. _ ._ _ . • ^ - ' „ suits, or expenses arising +oui, of °oz occasioned; by the 'perfor'nance o :-,the• wbirk.`cgntemplited by this ; permission `and. authority, 7.- The permittee, - Andrews "Allen Company; shall ?' _ Install a: cet_ &h basin . or ,other " tropriate mea- sure: to take' care of 'the ruh,"off= vat' er thereby running' across or accumulating upon the permittee.Z . 'property, The pittee, its succebsors.`and erm -a 'signs sha "11- . orefer bold_ harmless_ .thd -City of Ssiiit ` a Paul, from any and ali .liability occasioned by: the _ • f _ `a �. diversion of run.' off. water-, .across- �oir upon said ' �erty arleing out bf. the ;installation of said drive--7 $; ' -Said ,permittee �.aha11 not - :proceed with said work n ' i unless- and unt l•tsaid per�ittee,- shall' have 'hilly. ' ,cozeplied with the provisions regarding insurance and ndeii0ification contained Sn the City of Saint Raul h _ t Di�4rtnent of Public Works pec3ficstions' for Su et and Sewer Construction, ._dated_April 1,'3959,,6e'a- - ! . • mended,. Sectiozlll i 4; and found on Pages. 1-1-3, hrough .. . 1 -1T, of said _$penificati'ons applicable to contraatorA, For the puwpo:;es: of this ordinance *:_•the aforesaid - ,; section ' of .said Speclficatiuns numbered 1, 44 9'• ao x =s .amended, shall re as though:the'trord "permittee" `, } S r were, substituted for tho -. vord "contractor" xherever - the-'tame appears in the aforesaid_Section 1 *44, ` ;Said Section-1.44-of the • Bpecifieations "for Street: _ : • " :and Sewer` gonstruetion'in the City,, of, Saint Paul; _ as amended, is. hereby incorporated- herein by 're- . ; • .. _ : ferenee as fully and as completely an if set forth - '. herein verbatim:, Proof =of'complianee with the pro-- visions og_ the aforisa - d:Section' 1.44 shall be in.,. such form as: the Corporation•'Counsel• of the City,.f , r -Saint Paul -may' direct +'anl the documents iequiree b;; ' the_ aforesaid_ Section 1.44- shall, after "submission to the Corporation Counsel',;` be filed in the. office" ' of the 'Comptroller -of thi ,City of. Saint Paul. ' 9: Said' permittee. shall 4ithin 301- days , after the' . passage _of this ordinance.f file -;a; written acceptance _• z thereof with the City : Clerk:' R• j• -. , i.Y -w, _'' y� Y•. �f .a , t+ 1,i .S •i_ } +s e•f DUPLICATE TO PRINTER +� ORDINANCE 9,18917 COUNCIL FILE NO. % PRESENTED BY ORDINANCE NO. -3- 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_foree upon its passage, approval, and publication. ' i Yeas Councilmen Nays Dalglish Holland Loss Meredith Peterson Rosen Mr.President (Vavoulis) Attest: JUL 15 1964 Passed by the Council Tn Favor Against JUL 15 1964 Approved: City Clerk Mayor 1M "2 Form approved Corporation Counsel By • yr July 20, 1964. To the Honorable, the City Council Saint Paul, Minnesota. Gentlemen: We, the undersigned, do hereby accept and agree to abide by all the terms and conditions of Council File No. 2189479 being Ordinance No. 12751, adopted by the Council on July 15, 19649 ANDREWS ALLEN COMPANY By I`_ July 20, 19b4. Andrews Allen Co.• - -965 Payne Ave.. St. Paul.- Minn. ; Gentlemen s We enclose a copy of- drdina o. 2751 =, granting, you permission to construct, grade and ace wi suitable bituminous , material, for public pedestrian a ehicula ravel,,a driveway not less than 24• feet in width run fro msey Street south _ 90 feet more or less - within the bou f- dedicated but ungraded Western Avenue; also bill in um o 4.75 to cover the cost of publication of this ordin ' J- [;e cell your vial atten on, to -Paragraphs 4 and 9 of Section l.which require t filing g -o bond in-"the amount specified and the filing of .an acc Lance of tern: of this ordinance. Both must be filed i n- t ' s of Roo 6, City Hall, within ten days. If not so fil rdina s void.' Very -truly yours.' w , City Clerk - , ORIGINAL TO PAYOR RECEIVED OF CITY OF SAINT PAUL OFFICE OF THE COMPTROLLER RECEIPT N° 1650 19� too / CITY COMPTROLLER $00 5-62 22 BY CX71 Is �/,S 0 , _ • a 2nd YZ z Laid over ,to 3rd and app �a — Adopted Yeas Nays Yeas Nays Dalglish "', Dalglish \Holland Holland - Loss " \Loss Meredith ith Meredith Peterson r 1 Peterson Rosen l� Rosen Mr. President Vavoulis President Vavoulis r PUBLISHED