213109!Council File No. 213109 — Ordinance No.
Original to, City Cleric ` 12498 —By Milton Rosen-
_ (/�) An ordinance granting permission to
�/' R D I N Roberts Construction, Inc. and Sterling �t0
r- ,Industries, Inc., Minnesota?- corpora-
a tions, to grade and surface with
bituminous material a section"of public 0.
alley . `dedicated within the,, Westerly
20 feet -Lof Lot 8, Block 4, Quinby Park,
l in q`nd being within the corporate
limits -of the City of Saint Paul, as O
PRESENTED BY Aae'Ll—_
rreecord innthe officetofOthe thereof of
Deeds Mi . in and for Ramsey County,
nnesota. This is an emergency AN ORDINANCE GRANTING Pjp" e,.,�;;rtinder {hh public peac�rr +•or _ *" s• > ..- ....� INC.
CONSTRUCTION, INC. AND ,Y� � .T•�Ai�.�.:.��� .,j • , ,
MINNESOTA CORPORATIONS, 4�Y��� s =s�1' "1 A,1A 'ACE WITH
BITUMINOUS MATERIAL A SECTIOM.OF r�PUtLXC ALLEY
DEDICATED WITHIN THE WESTERLY 20 FEET OF LOT 8,
BLOCK 4, QUINBY PARK, LYING AND BEING WITHIN THE
CORPORATE LIMITS OF THE CITY OF SAINT PAUL, AS
SHOWN ON THE PLAT THEREOF FILED OF RECORD IN THE
OFFICE OF THE REGISTER OF DEEDS IN AND FOR RAMSEY
COUNTY, MINNESOTA. THIS IS AN EMERGENCY ORDINANCE
RENDERED NECESSARY FOR THE PRESERVATION OF THE
PUBLIC PEA(I;HEALTH AND SAFETY.
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section 1. That permission and authority are hereby
granted to Roberts Construction, Inc. and Sterling Industries, Inc.
Minnesota Corporations, to grade and surface with bituminous material
a section of ublic alley dedicated within the westerly 20 feet of
Lot 8, Block &, Quinby Park, lying and being within the corporate
limits of the City of Saint Paul, as shown on the plat thereof filed
of record in the office of the Register of Deeds in and for Ramsey
County, Minnesota.
Sec. 2. The Commissioner of Public Works is hereby authorized
to issue a•permit to Roberts Construction, Inc. and Sterling
Industries, Inc. for the grading and surfacing of said section of
public alley, upon their compliance with the following conditions, viz:
10' Said permittees shall grade and surface said section
of public alley entirely at their own expense, under
the supervision and to the satisfaction of the
Commissioner of Public Works, and in accordance with
plans and specifications prepared by him.
2. Said permittees shall pay the cost of engineering and
inspection of said work, and for the publication of
this ordinance.
3. Said permittees shall properly protect all excavations
made in the public alley and connecting public street or
'streets both day and night so as to avoid all damage or
injury to person or property; said permittees shall
properly fill and tamp said public alley and connecting
public street or streets to avoid settling, and shall
restore said public alley and said streets to their
original condition; and said permittees shall, according
to plans and specifications therefor to be furnished by
said Commissioner, restore in respect of surface and other
conditions said public alley and any streets disturbed by
said permittees' operations hereunder.
Yeas Councilmen Nays Passed by the Council
Dalglish
Holland
Loss Tn Favor
Mortinson Against
Peterson g
Rosen
Mr. President (Vavoulis)
Approved: '
Attest:
City Clerk Mayor
1M 0-02 X22
t
Original to-City Clerk
.i
PRESENTED BY
ORDINANCE
-2-
COUNCIL FILE NO.
ORDINANCE NO.
211U09
4. Said permittees, after the inception of said work,
shall prosecute same continuously with diligence,
and fully complete said work to the satisfaction
and approval of said Commissioner on or before
October 1, 1963.
5. Said permittees expressly agree and undertake 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. Said permittees shall not proceed to grade or surface
said section of public alley unless and until said
permittees shall have fully complied with the provisions
regarding insurance and Andemnification contained in the
City of Saint Paul Department of Public Works Specifications
for Street and Sewer Construction dated April 1, 1959,
Section numbered 1.44, as amended, and found on pages 1 -13
through 1 -17 of said Specifications applicable to con-
tractors. For the purposes of this ordinance, the aforesaid
section of said Specifications numbered 1.44, as amended,
shall be•read as though the word "permitteed' were substituted
for the word. "contractor" wherever the same appears in the
aforesaid Section 1.44. 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 numbered 1.44, 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 shall,
after submission to the Corporation Counsel, be filed in the
office of the Comptroller of the City of Saint Paul.
7. Said permittees shall furnish a bond to the City of Saint Paul
in the sum of Ten Thousand Dollars ($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 the same.
8. Said permittees shall, within ten days after the passage of
this ordinance, file a written acceptance thereof with the
City Clerk.
Sec. 3. This ordinance is hereby declared to be an emergency
ordinance rendered necessary for the preservation of the public peace,
health, and safety.
Sec. 4. This ordinance shall take effect and be in force
from and after its passage, approval, and publication.
JUN 25 196
Yeas Councilmen Nays
Dalglish
Holland
Loss
Mortinson
Peterson
Rosen
Mr. President (Vavoulis)
Attest:, - /. ) /' I
U City Clerk
1M 8-82 X22
Passed by the Council
In Favor
Saint Paul, Minnesota,
July 1, 1963.
3- To the Honorable,` the City Council;
Saint Paul, Minnesota.
Gentlemen:
We, the undersigned, do hereby accept and agree to abide by all the terms r
and conditions of Council File No. 213109, being Ordinance No. 12498, adopted by
the Council on June 25, 1963.
ROBERTS CONSTRUCTION, INC. AND STERLING
INDUSTRIES, INC.
ORIGINAL CITY OF SAINT PAUL
TO PqOR • OFFICE OF THE COMPTROLLER
N �
RECEIPT o 1494
RECEIVED 0 F too
FOR A (3161— G
CITY COMPTROLLER
300 Fro By
A
Laid over to ---2
3rd and
Yeas
Dalglish U I I
Holland
Loss
Mortinson
Peterson
Rosen
Mr. President Vavonlis
2n \
Dalglish
Holland
Loss
Mortinson
Peterson
Rosen
Mr. President Vavoulis
e �9 �
P_UBUSHFD `
213109