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218017~ Or x ;ubl to City Clerk ORDINANCE.��. COUNCIL FILE NO. PRESENTED BY ORDINANCE NO Page 2. 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 and surfacing with bituminous material of said dedicated public alley. 6. Said permittee expressly agrees and undertakes to fully indemnify ,'and hold harmless the City of Saint Paul,4,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 contem- plated by�this permission and authority. 7. Said permittee shall not proceed to grade end surface with bitui4nousmaterial 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 -flyr- 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 numbered 1.44 shall read as though the work "permittee'l were substituted for the word "contractor" wherever the same appears in•the aforesaid section 1.44. Said Section W+ of the Specifications for Street and Sewer Construction, as amended,' in,the City of Saint Paul is hereby incorporated herein by' reference as fully and as com- pletely 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 ].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 acceptancedthereof with the City - Clerk. Sec. 2. This ordinance is hereby declared to be an emergency ordinance rendered necessary for th e.preservation of the public peace health and safety. Sec. 3. ;This ordinance shall take effect and be in force upon its passage, approval and prb lication. Yeas Councilmen Nay,, .s Dalglish Holland Loss Rosen Mr. President (Vavoulis) Attest: , Clerk ' !ni M2 22 Form approved oration Counsel B; Passed by the , Council JUN 3 1964 Tn Favor c � Orieiaai to City Clerk 14 PRESENTED BY mcil File No. 218017— Ordinance No. 132—by Frank L. Loss, by request- ' . ordinance granting permission to O R D I Nfi Mueller for widening a service and regrading ar.d surfacing an ,ng alley in conic .tion with the al home being on thr+ south= .•,-ne.r .,as, p,'a. � _ j JO H.c• ��aLrtt f test) �,i ,UMW/ ORDINANCE NO. AN ORDINANCE GRANTING PERMISSION TO A. L. MUELLER FOR WIDENING A SERVICE DRIVE AND REGRADING AND BURFACING AN ABUTTING ALLEY iN CONJUNCTION WITH THE FUNERAL HOME BEING BUILT ON THE SOUTHWEST CORNER OF JOHNSON PARKWAY AT EAST 7TH STREET. 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 A: L. Mueller also known as A. L. Mueller Mortuary, to grade and surface with bituminous material the dedicated public alley located to the south of the new Mueller property from the service road approximately 200 feet west as shown on the plan presented to the Department of Public Works by Richard J. Raffe,y on or about May 5, 1964. That permission and authority are r•drx to widen the service drive immediately abutting or to be erected at the southwest corner of Johnson Pax. t Street, Saint Paul, Minnesota. The Commissioner of Public Works is he y authorized to issue a permit therefor to A. L. Mueller upon his com- pliance with the following conditions: 1. Said permittee shall grade and surface with bituminous material said dedicated public alley entirely at'its own cost and expense and to the satisfaction and under the supervision of -the Commissioner of Public Works, and in accordance with the plans and specifications of the Department of Public Works. 2. Said permittee shall pay the cost of engineering and inspection and also the cost ,of publication of this ordinance. 3. Before ente.riAg upon or doing any of said.work,' said permi'ttee 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, relaasing and dischraging the City from any and all damages by reason of the grading and surfacng 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 complete said work on or before October 15, 1964. 5. Said�`permittee shall furnish a bond of $10,000.00 to the City of Saint Paul, conditioned to comply with all Yfalavto to Printer ORDINANCE 011 y COUNCIL FILE NO. PRESENTED BY ORDINANCE NO. AN ORDINANCE GRANTING PERMISSION TO A. L. MUELLER FOR WIDENING A SERVICE DRIVE AND REGRADING AND BURFACING AN ABUTTING ALLEY IN CONJUNCTION WITH THE FUNERAL HOME BEING BUILT ON THE SOUTHWEST CORNER OF JOHNSON PARKWAY AT EAST 7TH STREET. 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 ORDAINt Section 1. That permission and authority are hereby granted to A. L. Mueller also known as A. L: Mueller Mortuary, to grade and surface with bituminous material the dedicated public alley located to the south of the new Mueller property from the service road approximately 200 feet west as shown on the plan presented to the Department of Public Works by Richard J. Rafferty on or about May 5, 1964. That permission and authority are further granted to widen the service drive immediately abutting the funeral home to be erected at the southwest corner of Johnson Parkway at East 7th Street, Saint Paul, Minnesota. The Commissioner of Public Works is herby authorized to issue a permit therefor to A. L. Mueller upon his com- pliance with the following conditions: 1. Said permittee shall trade and surface with bituminous material said dedicated public alley entirely at its own cost and expense and to the satisfaction and under the supervision of the Commissioner of Public Works, and in accordance with the plans and specifications of the Department of Public Works. 2. Said permittee shall pay the cost of engineering and inspection and also the cost of pbblication of this ordinance. sm 3. Before enti�riftg 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 dischraging 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 complete said work on or before October 15, 1964. 5. Said permittee shall furnish a bond of $10,000.00 to the City of Saint Paul, conditioned to comply with all Yeas Councilmen Nays Passed by the Council Dalglish Holland Loss Tn Favor Mortinson Peterson Against Rosen Mr. President (Vavoulis) Approved: Attest: City Clerk n Mayor iIM s ss zz � Form approved Corporation Counsel By U - ' Duploto to Printer PRESENTED BY ORDINANCE Page 2. _Sol COUNCIL FILE NO. / ORDINANCE NO. the terms of this ordinance and to indemnify and save the City harmless from any and all loss, liability, judgments, suits costs, charges, damages, or expense that may accrue to person or property occasioned by the grading and surfacing with bituminous material of said dedicated public alley. 6. Said permittee expressly agrees and undertakes to fully indemnify and hold harmless the City of Saint Paul,.,-.its agents, officers and employees from any and all damages, claims, losses, judgments,suits or expenses arising out of or occasioned by the performance of the work contem- plated by this permission and authority. 7. Said permittee shall not proceed to grade and surface with bituminous material said dedicated public alley unless and until said permittee shall have fully complied with the provisions regarding insurance and indemnification contained in the City of Saint Paul Department of Public Works Specifications for Street and Sewer Construction, dated April 1 1959, as amended$ Section 1.44 and found on pages 1 -13 through 1 -17 of said Specifications numbered 1.44 shall read as though the work " permittee`" were substituted for the word "contractor" wherever the same appears in the aforesaid section 1.44. — Said Section 144 of the Specifications for Street and Sewer Construction, as amended in the City of Saint Paul is hereby incorporated herein by reference as fully and as com- pletely as if set forth herein verbatim. Pr0t5f of compUan.ce 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 ]4+ 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 acceptancedthereof with the City Clerk. 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 pib lication. Yeas Councilmen Nays Dalglish Holland Loss 7 Aae� .,A4ertiirson l.�.e �U�� Peterson_ Rosen Mr. President (Vavoulis) Attest: jU% a 1964 Passed by the Council 6 Tn Favor Approved: Q Against JUN Vbi City Clerk Kooration I Mayor inr "2 zz Form approveq Counsel By� •n - w lr _ .f r �• - :� June 9, 1964. To the Honorable ,'the City Council, Saint Paul, Minn. _ aJ � Gentlemen: We, the undersigned, do hereby accept and agree to - 9• abide by all the terms; and conditions of Council File-No. 218017, being Ordinance No. 12732, adopted,by the Council on June /3 ,1964•. A. L. MUELLER r........""u- ".•+.ors►•+.. _..- .*r"'..e "'.. _ ;! •` .. -r • 4j - .. • t ryf - 1' {4 June 9.-_1964: ` Mr: Richard J. Rafferty.- 'Progressive Design Associates.: 29 E. 5th. st: • s° , St. Paula Minn. , f _�'Dsar Sir-:. We enclose a copy oaf Ord_ ina 732. - granting per - ni�seion` io widen a service drive' a grade nib surface. an 'abutting --alley in conjunction with the fun -hone b g built on the a outh.. wiOst, corner of Johnatm Parkway' at t 7t treet f also. bill in the ,w sual`of $23.25 to cover ,the cost of on of this ordinance. c We call your sp do Paragraphs 5 and, '8' of _ • - Section 1 which require filing a b. -in the amount specified ' and the filing of an ac tame - of terms, of -this ordinance. - Both must be filed in t ce, Roan 38 City Hall. within 30 dayts. If, not • so filed. the ordi a becomes id. - Very truly yours. `City Cldrk - GEORGE M. SFiEPARD (/�� T Y ee� A ( NE V. AVERY STREET AND HIGHWAY _ �+ • • 'aO g S A_I N T �^ IL1 P b ■ ^ `�1 ENGINE[R ENGINEERING_ COORDINATOR 1. 'QIII�II:�;;,,,,r� ;Sod �i ` _� NP � L7 ap #al of, '- °- °s s'� _ C TESTER j'- C I� = 0 - I RINTENDENT�OF SANITATION' DEPARTM Y`' OF'� -UBNE 1NRKS� = �-- "6" _23 -4,CAt _ &you oiase { 5� 102a -p(= °j'�'. +,p 7, ' "' u LT OO R O S ,� �a�' Lin }P :_�.�v _ - ommiss'o_n. _z L UAM �,r e ' - P.BE�iEN�S rr -rlr�� I! 1 I 1 I 1 .DspufyLCommittion.e —_.� I + ! '49 -41W22 May 5, 1964 4 RECI. Mr. D nald L. Lais Corporation Counsel " MAY 6 1964 316 City Hall CORPORATION LUONSEL Dear Mr. Lais: Attached find two letters addressed to the Commissioner of Public Works, and signed by Mr. Richard J. Rafferty of the Progressive Design Associates, who are architects and planners. Mr. Rafferty, in his letter, requests an ordinance be issued in the'' name of Mr. A. L. Mueller,, who is building a funeral home on the southwest corner of•Johnson Parkway at E. Seventh St. Mr. Rafferty requests the - ordinance give permission to Mr. Mueller for-the widening of the service drive immediately abutting his building from E. Seventh St. south to the alley. The service drive is the west service drive of Johnson Parkway. ' Mr. Rafferty further requests the ordinance contain permission to the Mueller Co. for the regrading and bituminous surfacing of the alley located to the south of the new Mueller property from the service road approximately 200 feet west as shown on the plan presented'to the Department of Public Works'. Mr. Mueller, of course, agrees to do the work at his own expense, doing it in strict compliance with plan and specifications as furnished by this department. He further agreed ver ba-TT-y-l-o-p-a-y--an-y--e-n-g-iTwrr ing costs sustained by the Department of Public Works and to furnish slope releases where necessary. Would you kindly draw the ordinance at your earliest possible convenience allow- ing the Mueller Co. to do,this work, as both the Chief Engineer and the Traffic Engineer have agreed that';it is in the best interests of the city that this be done. Thank you for your cooperation in this matter and all other matters in the past. If I can be of any assistance to the lawyer assigned to this project, be sure to have him call me. y You s/4ery tr ly, Areg kett i= Loc Improvement Engineer GB/j h cc: E. V.'Avery Comm. Rosen D. E. Nygaard 9� PROGRESSIVE DESIGN ASSOCIATES 21 April 64 ,e GEORGE E. RAFFERTY RICHARD J. RAFFERTY DRANK MIKUTOWSKI THOMAS C. VAN HOUSEN PETER WOYTUK ARCHITECTS & PLANNERS 29 E. 5TH STREET ST. PAUL 1, MINNESOTA 224 -4831 t ' Mr. Milton Rosen {; Community of Public; Works City Hall St. Paul, Minnesoti- Attn.: Mr. Greg Beckett Dear Sir: I would like to request approval "from the City Council by Ordinance for the regrading and bituminous surfacing of 200 feet of a dead end alley located to the South of the new Al Mueller 'Mortuary. Mr. A. L. Mueller will be obligated to stand all .cost involved in doing this portion of work with the work to be done in compliance with City requirements. cerely yours V. Richard J. Rafferty RJR /gf G 7 PROGRESSIVE DESIGN ASSOCIATES 3 I' i ',GEORGE E. RAFFERTY `—�- RICHARD J. RAFFERTY FRANK MIKUTOWSKI THOMAS C. VAN HOUSEN PETER WOYTUK ARCHITECTS & PLANNERS 29 E. 5TH STREET ST. PAUL 1, MINNESOTA 224-4831 1 May 64 Mr. Milton Rosen Commissioner of Public forks City Hall St. Paul, Minnesota Re: Mueller Mortuary Attn.: Mr. Greg Beckett, i Dear Sir: In my letter to you dated 21 April 64, I failed to mention that Mr. A. L. Mueller would, like approval by City 8ouncil for the widening of the service.drive immediately in front of his new building at the S. W. corner of Johnson Parkway at E. 7th Street. I have spoken to the City Traffic Department about this matter and there seemed to beano objection on their part. 'ncerely yours, Richard J. Rafferty RJRlgf aq is r 3f i. c I / Y 1st J 'Y — 2nd s 1(q " z Laid over to y 3rd and app. Adopted Yeas Nays s Nays a Dalglish Holland Holland \ Loss Loss Mortinson V Peterson 3 1>10LISI,D Rosen Rosen President Vavoulis ;: 21 8orr.