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208692a Orlsinal to-City Clerk " Miit 288892 •y yEe No. to ORDINA `.1° c. °�[��`2 51g •� ° tOUNCIL FILI NO. PRESENTED BY yr' ' ORDINANCE NO. `N, - AN ORDINANCE GRANTING PERMISSION TO BISANZ BROS. ' DEVELOPMENT COMPANY TO GRADE AND SURFACE WITH BITUMINOUS MATERIAL'THE DEDICATED PUBLIC ALLEY_IN BISANZ BROTHERS BATTLE CREEK TERRACE. 'THIS IS AN EMERGENCY ORDINANCE RENDERED NECESSARY FOR THE PRE - SERVATION*OF THE PUBLIC PEACE, HEALTH AND SAFETY. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:., SECTION-I.—That permission and authority are hereby given to Bisanz Bros. Development Company to grade and surface 7 with bituminous material the dedicated public alley in Bisanz Brothers Battle Creek Terrace, and the Commissioner of Public Works is hereby authorized to issue a,permit therefor to said Bisanz Bros. Development Company upon its compliance with the following conditions, viz: 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 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 entering 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 discharging 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 July 1, 1963. Yeas Councilmen Nays Dalglish Holland Loss Mortinson Peterson Rosen Mr. President (Vavoulis) Attest: City Clerk 1 M 8-82 22 Passed by the Council Approved: Favor A gainst Mayor, ` 5. Said permittee shall furnish a bond of $10,000.00 to the City of Saint Paul, conditioned to comply with all the terms of this ordinance, and to indemnify and save the City harmless 5 from any and all loss, liability, judgments, suits, costs, charges, 0 damages or expense that may accrue to person or property occasioned � by the grading and surfacing with bituminous material of said 0 dedicated public alley. Yeas Councilmen Nays Dalglish Holland Loss Mortinson Peterson Rosen Mr. President (Vavoulis) Attest: City Clerk 1 M 8-82 22 Passed by the Council Approved: Favor A gainst Mayor, Original to City Cleric V y ORDINANCE ?086132 PRESENTED BY - 2 - COUNCIL FILE NO ORDINANCE NO. lc2OR 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. Said permittee shall not proceed to grade and sur- face with bituminous material said dedicated public alley unless and until said permittee shall have fully complied with the pro- visions 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 Speci- fications applicable to contractors. For the purposes of this ordinance, the aforesaid section of said Specifications numbered 1.44 shall read as though the word " permittee" were substituted for the word "contractor" wherever the same appears in the afore- said Section 1.44. Said Section 1.44 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 completely as if set forth herein verbatim. Proof of compliance with the provisions of the aforesaid Section 1.44 shallobe 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. 8. Said-permittee shall, within 30 days after the pas- sage of this ordinance, file a written acceptance thereof with the City Clerk. 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 Mortinson Peterson M9 resident eftTeuRf+ qv-2 � Attest: �dity ,Clerk C IM "2 X 2 2 Passed by the Council SEP 6 1952 tf Duplicate to Printer PRESENTED BY ORDINANCE COUNCIL FILE NO, 9[8592 ORDINANCE NO. 1,2a 7S AN ORDINANCE GRANTING PERMISSION TO BISANZ BROS. DEVELOPMENT COMPANY TO GRADE AND SURFACE WITH BITUMINOUS MATERIAL THE DEDICATED PUBLIC ALLEY IN BISANZ BROTHERS BATTLE CREEK TERRACE. THIS IS AN EMERGENCY ORDINANCE RENDERED NECESSARY FOR THE PRE- SERVATION 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 given to Bisanz Bros. Development Company to grade and surface with bituminous material the dedicated public alley in Bisanz Brothers Battle Creek Terrace, and the Commissioner of Public Works is hereby authorized to issue a permit therefor to said Bisanz Bros. Development Company upon its compliance with the following conditions, viz: 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 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 entering 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 discharging 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 shall prosecute the same continuously, —said wank on or before July 11 1963. inception of said work, with diligence and complete DupUeat. to Printer PV PRESENTED BY ORDINANCE - 2 - COUNCIL FILE NO ws� 92 ORDINANCE NO. Z -2 07 6. Said permittee expressly agrees and undertakes to fully indemnify and hold harmless the City of Saint Paul, its agents, officers 4nd 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. Said permittee shall not proceed to grade and sur- face with bituminous material said dedicated public alley unless and until said permittee shall have fully complied with the pro- visions regarding insurance and indemnification contained in the City of Saint Paul, Department of Public Works Specifications for Street and Seewer Construction, dated April 12 1959, as amended, Section 1.44 and found on pages 1 -13 through 1 -17 of said Speci- fications applicable to contractors. For the purposes of this ordinance, the aforesaid section of said Specifications numbered 1.44 shall read as though the word "permittee" were substituted for the word "contractor" wherever the same appears in the afore- said Section 1.44. Said Section 1.44 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 completely 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 1.44 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, wit] sage of this ordinance, file a written the City Clerk. SECTION 2. This ordinance is emergency ordinance rendered necessary the_puublic _eace, health, and safety. Zin 30 days after the pas - aceaptance thereof with hereby declared to be an for the preservation of Saint Paul, Minnesota, Sept. 10, 1962. 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. 208692, being Ordinance No. 12275, adopted by the Council on September 6, 1962. BISANZ BROS. DEVELOPMENT CO. ' By ORIGINAL, TO PAYOR RECEIVED F. c�o A�i .w .-m CITY OF SAINT PAUL OFFICE OF THE COMPTROLLER RECEIPT N° 1388 19— CITY COMPTROLLER BY loo lF • Laid over to 3rd and app da Yeas Dalglish Holland Loss Mortinson Peterson Rosen Mr. President Yavoulis PUBLISHED 2n Yeas Nays Dalglish Holland Loss Mortinson Peterson Mr. President is•� s IN