214596�r
original to-City Clerk
PRESENTED BY
ORDIN
at_�
ORDINANCES
UV:554 File No. 214596 — Ordinance No.
554—By Milton Rosen —
^1 596
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a n ordinance granting permission to
s, ee Construction Company, a'Minne-
oorp w :;!t r ,, t6 rorstruct a public
11 ' ,
10 .
r i �- rpetual public
-f
S81a.xw inr be granted or
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aid permit ' ri
T
AN ORDINANCE GRANTING PERMISSION TO BARAC CON-
STRUCTION COMPANY, A MINNESOTA CORPORATION, TO-
CONSTRUCT A PUBLIC SEWER IN A CERTAIN PERPETUAL
PUBLIC EASEMENT PROVIDED TO BE GRANTED OR CAUSED
TO BE GRANTED BY SAID PERMITTEE TO THE CITY OF
SAINT PAUL, SAID PUBLIC SEWER TO SERVE A TRACT
OF LAND DESCRIBED AS LOTS 19 29 39 49 59 6, 79 8,
9, 10, 11, 12, 13, 149 15 AND 16, BLOCK 29BRENNER's
ADDITION NO. 2. 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 Barac Construction Company, a Minnesota corporation, to
construct a public sewer in and through a certain perpetual
public easement herein provided to be granted or caused to
be granted by said permittee to the City of Saint Paul as
a condition precedent to the effect of such grant of per-
mission and authority hereunder, such public sewer to serve
a.tract of land described as Lots 1, 29 39 42 59 69 79 89
99•109 119 12, 139 149 15 and 16, Block 2, Brenner's Addition
No. 2, and such public sewer to be constructed in such per=
petual public sewer easement in lands described as follows:
"A permanent easement 15.0 feet in width on,
under, across and through, Block 2, Brenner's
Addition No. 2 in accordance with the plot
thereof and beginning at a point on the west
line of Clarence Street that is 448.0 feet
north of the north line of Maryland Avenue;
thence westerly a distance of 145.0 feet on
a line that-is 448.0 feet north of and par-
allel to the north line of Maryland Avenue;
thence southerly a distance of 300.0 feet on
a line that is 145 feet west of and parallel
to the west line of Clarence Street."
Yeas Councilmen Nays
Dalglish
Holland
Loss
Mortinson
Peterson
Rosen
Mr. President (Vavoulis)
a VMS VA 75 1A
City
I Al 6-62 2 2
Passed by the Council
Tn Favor
11
n
- 2 -
SECTION 2
214595
r';?s-y�
That the Commissioner of Public Works hereby is
authorized to issue a permit to Barac Construction Company
for the construction of such public sewer, upon and subject
to the following provisions, terms and conditions:
1. That said permittee shall construct said
sewer entirely at its own expense, under the super-
vision and to the satisfaction of the Commissioner
of Public Works, and in accordance with the plans
and specifications prepared by him.
2. That said permittee shall pay the cost of
engineering and inspection of said work, and for the
publication of this ordinance.
3. That said permittee
all excavations made in the
so as to avoid all damage or
property; shall properly f it
avoid settling and shall res
original condition.
shall properly protect
streets both day and night
injury to persons or
1 and tamp said streets to
tore said streets to their
4. That said permittee, after the inceptionaof_"
said work, shall prosecute same continuously with
diligence, and fully complete said work to the satis-
faction and approval of said Commissioner on or before
.9c.t� 159 1964.
5. -That 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.
6. That said permittee shall furnish a bond to
the City of Saint Paul in the sum of $10,000 conditioned
to comply with all the terms of this ordinance and to
indemnify and save harmless said City from all liability,
loss, judgments, suits, costs, charges, and expense that
may accrue to persons or property occasioned by the making
of the improvement or arising out of same.
7. That said permittee shall not proceed to con-
struct said sewer unless and until said permittee shall
have fully complied with the provisions regarding in-
surance and indemnification contained in the City of
Saint Paul Department of Public Works Specifications
for Street and Sewer Construction dated April 1, 19599
w t �
r 214595
- 3 - /za It-
Section numbered 1.44 of said Specifications, as
amended, applicable to contractors. For the pur-
poses of this ordinance, the aforeAd section of
said Specifications numbered 1.44, as amended,
shall be read as though the word "permittee" were
substituted for the word "contractor" wherever the
same appears in the aforesaid Section 1.44, as
amended. Said Section 1.44, as amended, of the
Specifications for Street and Sewer Construction in
the City of Saint Paul 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, as amended, 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, as amended, shall, after
submission to the Corporation Counsel, be filed in the
office of the Comptroller of the City of Saint Paul.
8. That the said permittee shall, within':thirty
days after the passage of this ordinance, file a
written acceptance thereof with the City Clerk.
9. That said permittee shall, at its own cost
and expense, grant or cause to be granted unto said City
of Saint Paul, by sufficient warranty deed, approved
as to form and execution by the Corporation Counsel
such perpetual public sewer easement for the construction,
maintenance and operation of such public sewer in, through,
and covering that strip of land hereinafter described:
"A permanent easement 15.0 feet in width on,
under, across and through, Block 2, Brenner's
Addition No. 2 in accordance with the plot
thereof and beginning at a point on the west
line of Clarence Street that is 448.0 feet
north of the north line of Maryland Avenue;
thence westerly a distance of 145.0 feet on
a line that is 448.0 feet north of and par-
allel to the north line of Maryland Avenue;
thence southerly a distance of 300.0 feet
on a line that is 145 feet west of and par-
allel to the west -line of Clarence Street."
Orisinal to City Clerk
r
ORDINANCE 21
COUNCIL FILE NO.
PRESENTED BY ORDINANCE NO.,
— 4 —
SECTION 3
This ordinance is hereby declared to be an
emergency ordinance rendered necessary for the preserva-
tion of the.public peace, health, and safety.
SECTION 4
This ordinance shall take effect and be in force
from and after its passage, approval, and publication.
Yeas Councilmen Nays
Dalghsh
Holland O
Loss
Mortinson
Peterson
Mr. President (Vavoulis)
Attest
City Clerk
1M 6-62 X 2 2
OCT 3 1963
Passed by the Council
Tn Favor
1
OCT 3 190
Approved: n
Saint Paul, Minnesota,
October 7, 1963.
To the Honorable, the City Council
Saint Paul, Minnesota.
Gentlemen: ti ,
We, the undersigned, do hereby accept and agree to abide by "
all the terms and conditions of Council File No. 214596, being Ordinance
No. 12554, adopted by the Council on October 3, 1963-
BARAC CONSTRUCTION COMPANY
B�= o'
r�;
r
Oct. 7. 1963.`
Barac Construction Co.. ,
1276 University Ave.,
St. Paul, Minn.
Gentlemen:
We enclose a copy of Ordinance 554, grant you
permission to construct a public sewer se lots 1, 20 ,'4, 5,
6, 7■ 8. 9. 10, 11, 120, 13, 14, 15 a 6, Bl 2, Brenner's Addition
-No. 2; also bill in the sum of $31 to cove he cost of publication
of this ordinance.
We call your special attenti Paragraphs 6 and 8 of
Section 2 which require th a' in the amount specified
and the filing of an acce nos of to f this ordinance. Both
-must be filed in this of Room City Halli within 30 days:
If not so filed, the ord nee becom void.
Very truly yours,
City Clerk
is F 2n
Laid over to
3rd and app A dopte
Y as Nays Yeas Nays
�alglish
olland
Loss
^� Mortinson
\ Peterson
Rosen
ie
214596
- alglish
�olland
\ Loss
�Mortinson
Peterson
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Mr, President Vavoulis /
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