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214292ORIGINAL TO CITY CLERK PRESENTED BY OOMMMSIONi Council File• No. 214292_ _ — By Milton Rosen- �. + fTY OF ST. Whereas, T h e'. City Council by OFFICE OF THE Resolution, Council File No. 211048, approved January 30, 1963, extended the COUNCIL OLUTION Jul July specified date of completion to 1, 1983, on Comptroller's Contract L- 6450 -1, for the paving. of W. 7th Frontage Road from Grand Ave. to Wheeler St., Ashbach Construction Co., c and Iherer Said contractor, Ashbach truc on Co., has requested a par - P9 it ct of Estimate No. 2 on said 61 triL =h(, 'xIriod :ro n Jli�,e 11joW, '.,a LU rf IT 2.429.2 NO PTjBLISHET) �' WHEREAS, the City Council by Resolution.." Coub4l, i ,a,. �pj approved January 30, 1963, extended the specified date of completion teo July:'-, 1963, on jj Comptroller's Contract #L- 6450 -1, for the paving of W. 7th FrontageTRoad from Grand Ave. to Wheeler St., Ashbach Construction Co., contractor, and WHEREAS, said contractor, Ashbach Construction Co., has requested a partial payment of Estimate #2 on said contract covering the period from June 30th to July 31st, 1963, BE IT RESOLVED that the proper city officers of the City of St. Paul are hereby authorized to pay to Ashbach Construction Co. on Partial Estimate #2 of said contract and such other partial estimates on said contract that may be presented subsequently by said contractor and approved by the City Engineer, it being the understanding of this Council that such partial payment or payments on partial estimate or estimates on said contract in no way are to be construed as an act by the city or any of its agents, servants or employees extending the time specified for completion beyond July 1, 1963, or in any way changing the terms of said contract, plans or specifications thereof, nor in any way or by any means shall this Resolution or payment or payments made under authority of this Resolution be construed as a waiver of any of the rights of said City under said contract; and provided that prior to payment of any of the aforesaid partial estimate or estimates, said Contractor, by its duly authorized agents or corporate officers, shall file with the City Comptroller, in a form approved by the Corporation Counsel, an acceptance of the conditions of payment as hereinbe£ ore set forth; and be it RESOLVED FURTHER, That in the absence of said acceptance being filed with the Comptroller, no payment or payments, as aforesaid, shall be made. leCOUNCILMEN Yeas Nays Dalghsh Holland Loss .r— n — nQ-- ?r . Peterson Rosen Mr. President, Vavoulis 10M 6-62 n In Favor 1V Against "I. AUG 9 19Q Adopted by the Council 19— AUG 9 IM pproved 19— Mayor DUPLICATE TO PRINTER Q 214292 2 CITY OF ST. PAUL COUNCIL NO. OFFICE OF THE CITY CLERK COUNCIL RESOLUTION — GENERAL FORM PRESENTED BY �.yy COMMISSIONER DATE August 7. 1963 _ WHUU0v the City Council by Ranalution, 0ouucil File #21104 ., approved January 30, 1963, extended the specieied date of completion to July 10 1%3, oa Comptroller's Contract #L.*6450 -1, for the paving of ii., 7th ,tage Read frog Grand Ave. to i hooler $t., Ajhbach Construction Co., contractors, and iili FAR, said croatracters. Ashbach, Construction Go +', has requested a partial payment of Satimato #2 on said contract covering the periot from Joie 30th to July 3106 1963. 1 1 DR iT RUMiID that the proper city off icers.of, the City of #t. Paul are hereby authorized to pay to Ashbac3I Gmstruction Co: on Partial Rstimato #2 of said contract and such other partial estimates on said contract that my be presented subsequently by'said - contractor and approved by the City Ugineer; it being the understanding of this Council that such - partial payment or� payments on, partial'estimate or estimates on said contract is so war are to be construed as as act by the city or any, of - its agents, servants -or•employses extending the time specified for completion beyond July 1, 19631 or in aqq way changing the tern of said contract, plans or specifications thereof, nor in any way or by any m*oas shall this Resolution or pAylsent or payments made under authority of this lasolutiw bs construed as a�waiver of any of the rights of said City under said contract; and provided that prior to payment of auy`of the aforesaid partial estimate or estimates, said Contractor, by its duly authorized agents or corporate officers, shall file with the City Comptroller, in a form approved by the Corporation Counsel; an acceptance of the conditions of payment as hereri.nbifore set forth= and be it RUMTO 1MTMO That in the absence of said acceptance being filed Pith the Comptroller, no payment or payments,, as aforesaid. shall be made. COUNCILMEN Yeas Nays Dalglish Holland Loss 'tiasoa. Peterson Rosen Mr. President, Vavoulis 10M 8-82 (c�� In Favor Against I Adopted by the Council 19— AUG Approved- 19_ Mayor