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208142ry '"`i7 3 ' o-Winal to- City Clerk 4 O h PRESENTED BY r RDIN Council File No. 206142 — Ordinance No. 12243 —By Milton Rosen- ' an Ordinance providing for the ^����� granting of a permit for -the grading •�j and surfacing. with bituminous ma- terial of Cumberland Street from Lar- jjWeur Avenue to Sdaho Avenue, a p_!tion of public street within the City Saint Pc:ul, and for the granting grppe'.tetion of a i1 ilI _ni.d.ici'U -: (5;C S f certain sal':. '9l An Ordinance providing for the granting of a permit for the grading and surfacing with bituminous material of Cumberland Street from Larpenteur Avenue to Idaho Avenue,-a section of public street within the Citypw �,;� of Saint Paul, sand. for I the granting of a permit for the construction of a public sewer for the service of certain described premises situate within said City, in;a public sewer easement therefor, provided to be granted unto said City; by the permittee, covering and affecting -a strip of land 30 feet wide and particularly described in this Ordinance, the permittee being Michael J. McDonough, doing business-as McDonough Construction Company. IThis is an emergency ordinance rendered necessary forlthe preservation of the public peace, health, .and -safety. THE COUNCIL OF THE CITY OF SAINTI PAUL DOES ORDAIN: Section 1. That permission and authority are hereby granted -to Michael J. McDonough, doing business as McDonough Construction Company, to grade "and surface with bituminous material, Cumberland Street from Larpenteur Avenue to Idaho Avenue, �a section. of public street within the City of Saint Paul, and to construct and maintain a public sewer in a public sewer easement hereby provided to be granted by said permittee to the City of Saint Paul, described as follows: A permanent easement 30 feet in width for the purpose of constructing and maintaining a public sewer on, under, and aacross and through a strip of land 30 feet in width, the .,, center line of which easement is described as follows: beginning at a point 100.0 feet South of the center line of West Larpenteur Avenue that is 133.60 feet Fast of the p• Fast line at Cumberland Street southerly a distance of 1.08.92 feet, along a line that is 133.60 feet east of and parallel to the East line at Cumberland Street, Q terminating on the North line of Lot 5, Block 1, Edwin M. Fare's Cumberland Addition Plat 1. Section 2. That the following described premises situate within the corporate limits of the City,of Saint Paul constitute the premises which shall be served by said public sewer as the same shall be extended from a connection of the same with thIpublic sewer of said City heretofore -and now established in Larpenteur-1 venue on the south line whereof said premises abut, to -wit: Lots 1, 2, 3, /+ .and Edwin M. ?dare's Cum Yeas Councilmen Nays Dalglish Holland Loss Mortinson Peterson Rosen Mr. President (Vavoulis) Attest: • - City Clerk 1M 0-02 +22 West z of Lot 5, Block 1, end Addition Plat 1. Passed by the Council In Favor Against �riginal to- City clerk t . PRESENTED BY ORDIINANCE COUNCIL FILE NO. ORDINANCE NO. 208142 8. Said permittee shall not proceed to grade or surface. said section of public street or to construct said public'sewer unless and until said permittee has fully complied with the provisions regarding insurance sand indemnification contained in the City of Saint Paul Department of•Public Works Specifications for Street and Sewer Construction, dated April 1, 1959, as amended,1SectdR 1.44 and found on pages 1 -13 through 1 -17 of said Specifications.-applicable to contractors. For the purposes of -this ordinance., the :aforesaid sect&�i of said Specifications numbered 1.44, as amended, shall be read as though the word " permittee ll were substituted for the - word "contractor" wherever the same appears in ., the aforesaid Section 1.41+. Said Section 1.11+ of the Specifications for Street-and Sewer Construction in the City of Saint Paul, as ,amended, 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, as amended, shall be in such form as the Corporation Counsel of the City of Saint Paul may direct, sand the documents required by the aforesaid Section 1.4/+ shall, afterSabmission to the Corporation Counsel, be filed in the office of the Comptroller of the City of Saint Paul. 9. Said permittee, before entering upon or doing:any of the grading or sewer construction herein permitted and authorized, shall pro- cure 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 work permitted to be done under this ordinance :and shall file said writte „ releases with' the Department of Public Z-Torks. ld. Said permittee shall, within thirty days,aiter the passage of this ordinance, file :a writteri Accept a-ace thereof with the City Clerk. Section 5• This ordinance is hereby declared to bean emergency ordinance rendered necessary for'the preservation of the public peace, health, and safety. Section 6. This ordinance shall take effect and be in force upon its passage, ,approval, and publication. Yeas Councilmen Nays Dalglish Holland Loss % Mortinson v Peterson Rosen Mr. President (Vavoulis) Attest y� l City Clerk 1M 8-82 22 AUG 1196-2 Passed by the Council 07 Tn Favor a Against Approve AUG, 11gb`�. Mayor 208142 Section 3. That £or the purpose of such sewer service extension the line of the public sewer hereby authorized to be constructed and main- tained is described as follows: Beginning at a poi n I on the existing sewer in West Larpenteur Avenue-133.60' East of the East line of Cumberland Street, thence Southerly in the hereinabove described perpetual �ublic sewer easement, a distance of A45' along a line East of and parallel to the East line of Cumberland Street Section 4. That the Commissioner of Public Works is hereby authorized to issue a permit to Michael J. McDonough, doing business as McDonough Con- struction Company for said grading and surfacing of said section of public street and for the construction and maintenance of said public sewer, subject to said permittee's compliance with the following conditions: 1. Said permittee shall grade said section of street and construct said public sewer within said perpetual easement entirely at his own expense, under•the supervision and to the satisfaction of the Commissioner of Public _Works, and in accordance withiplans and specifications of the Department of Public Works. 1 2. Said permittee shall forthwith convey or cause to be conveyed onto said City, without cost or expense to the latter, a perpetual public sewer easement, for the construction and maintenance of said public sewer hereunder, as set forth in Section 1 hereof. - 3. Said permittee shall pay the cost of engineering and inspection of said grading and surfacing and sewer construction and shall pay the cost of publication of this ordinance. 4. Said permittee shall properly protect all excavations made in any subject section of street or,easement, both day and night, so as to avoid all damage or injury to person or property, and shall properly fill and tamp any subject section of street or easement to avoid settling. 5. Said permittee, after the inception of said work, shall prosecute said work continuously, with diligence, and fully complete said work to the satisfaction and approval of the Commissioner of Public Works on or before September 30, 1963. -6. Said permittee Ixpressly agrees and rtakes to fully indemnify and hold harmless the City of Saint Paul, its agent , officers, and employees from any and all damages, claims, losses, judgments.,-suits or expense arising out of or occasioned -by the performance of the work contemplated by this permission and authority. 7. Said permittee shall furnish a bond to the City of Saint Paul in the sum of $10,000, conditioned to comply with-all the terms of this ordinance and to indemnify and save harmless said City from all liability, loss, judgments, suits, costs; charges, .and expenses that may accrue to persons or property occasioned by the making of the said improvements or any of the same, or .arising out of the same or any of the same. Said permittee shall be obligated to accordingly fully indemnify .and hold said City harmless without limitation as to amount. -2- DupUcate to Printer ORDINANCE COUNCIL FILE NO. PRESENTED BY ORDINANCE NO. 208142 8. Said permittee shall not proceed to grade or surface said section of public street or to construct said public sewer unless and until said permittee has fully complied with the provisions regarding insurance and indemnification contained in the City of Saint Paul Department of Public Works Specifications for .Street and Sewer Construction, (1 -ted April 1, 1959, as amended, Section 1.41x. f!nd found on pages 1 -13 through 1 -17 of said Specifications applicable to contractors. For the purposes of this ordinance, the aforesaid sectln of slid Specifications numbered 1.41+, as amended, shall be rend as though the word " permittee" were substituted for the word "contractor" wherever the same appears in the aforesaid �Iection 1.44. -Faid Section 1.44 of the Specifications for Street and Sewer Construction in the City of Saint Paul, as mended, is hereby incorporated herein by reference as fully snd as completely as if set forth herein verbatim. Proof of compliance with the provisions of the Aforesaid Section 1.414, as amended, shall be in such form as the Corporation Counsel of the City of Saint Paul may direct, and the documents required by the aforesaid Section 1.44 shall, after ubmi.ssion to the Corporation Counsel, be filed in the o'fice of the Comptroller of the City of Saint Paul. 9. Said permittee� before entering upon or doing any of the grading or sewer construction herein permitted and authorized$ shall pro- cure from the abutting owners such easements in and to the abutting property as may be necessary for slopes, cuts a•nd fills, and shall obtain a written release from such owners, releasing and discharging the City from any and all damages by reason of the work permitted to be done under this ordinance and shall file said written releases with the Department of Public forks. 10. Said permittee shall, within thirty days after the passage of this ordinance, file a written acceptance thereof s:ith the City Clerk. Fection 5. This ordinance is hereby declared to be an emergency ordinance rendered necessary'for the preservation of the public peace, he-1th, and safety. Section 6. This ordinance shall take effect and be in force upon its passage, approval, 1Lnd publication. Yeas Councilmen Nays Dalglish Holland Loss Mortinson Peterson Rosen Mr. President (Vavoulis) Attest: City Clerk 1114 6-62 22 AUG 1 �WK Passed by the Council Tn. Favor Aroainst Approved: An Mayor T�ut f br the pur);v 00 of ouch S0.VCrv1;` etcnrlre. . tea '6. line of they Public a *vor hereby autto'ri zod to be epnetructed An d m Ir.1- ` :.,•��,#zed i� ���cri,b�+� �� �taI.l ©�+'�3 - _ • . - A , •' • Be giInntn :fit' _ pol' t on the �,xi-stiny t,ave r in. 'lesC - ' _ ;,�rPehtour .. ver►ue .f t1e Fact of 'U6 -Zaat' li q oi' Cumborlatd 1treet; thence Lp °athl erly In 'the berrei aobr vor _ de scaribou p�rpetu ',:�vb3i a er es meat, 0 �;i VU-1 o of.. 4451• Selo .o, ? 1 o East of and psir*.Iltl. to the Ft,st line of Cumb *�Iaadi Btrivet - .� ec � on 'That t «e. C ;arai� '�i cansx ..ol .?�3ut i c {�►rcax�ko' i ar hgke* wtiborl ltd ' 4 to Owe :e -RO tt Ao :��i oY��e�l J, �c�'L�nou�h, d�i�s�:,b�a��a���� as XC;,,oa no g.h Con- . #ruet tin �;:i & seotion of - pub la t: pw ay i'or raet' �ni for for caear�t irw on.a�n r ttn�x3c .Q iri. �Svblic never, OuNcet to **.Id - r e o ttes�' coo plf � vith 'Mie fo'110�.#g eondtione; . e3'�°k er ltteq ph-all tip `t is �nc�citf:xs 6f 4317 ind corict ru nt k, rt icy public z4ver•v thAn s,aI� �;ar�c�tas��. ce,�e�ei�t a;��t�Ero�� �t big .o�� e�enOOI - under The �4t��i+��'via�Q� end tq :th6 ro iifawgi =�''��, -�� ��� ,�o��3ri�l±i�ecs� c� PubXic # or�c , � ti in s n oxdsnee ttt :1 ri :r�tic�_ �: Gi i i t rat ' s�• tYt � atmont of _ pe ttnit; bNal fortxx , tl� �onv�y`�� c u e.' t�' bt eb v� yca& ` i ._ etch publid' srtn ' City; ro t olt - co� Q et t j l cievor. va re *v0s for thv . �eogstruction and Mri.Atpn�hpe of Obleto Sol,-et- h, ,rounders, .4e t10 forth ii� ' ffoeti on 1: h'�rcot. . �. pei� i.tte 3DAII P ' �- cca,gt` of -qQ�r3t�� �nd_ina�pecatlor� of Ad _ grading Ars cur �'itcl ..� spa . o,aver cbziotruetlon a =nd �h�ll pay., the ��t ° -of pgblitotlo;n of thir' i rd Jm4'ade.` , . aiei' gex i'ttc zths � proP&rly -prot� tat.: -ll a�e�e�ti�m� wade in - , , �i �h�;,ro s td rrald •tny Auvjeet ttdti€ n of ntraot , dr onnemetatp both.-d�y ntir j • ' all roprt�6LO -AA1 Proporld �n4 a ar Injury p€r o or fill pct tip `.. sriy #ut�jcct n€tcti•In of_- .4traot or v;-P;O 111_ to VIVO O ecttling. . Id • p+yz•mt tte ,' ftd^ tats ,iricopti o ",oT ",o oai :; to • - -aaad warr�• e6utizauou'vI vi,t' '411,1 .ape, And f Ul'y -b- O'1etO -t� -!d work to Ah4 a0lafgetion end 414rov�l of the CO :iminsi,oner• of 'Nblli orks- on or beforo Septe- .: _�=i�e? 'prsittc e�are<slcd'uterti+ec to ru2�� i�ttlneai . �. i�apL�hv�3�,}d�' L iye+ the City f.1 � i tyyP�yiu7,y; ttcyy entsi aa °y'iceyra,,y�n ployc'}e(s/• • • .t ` - .. �J"�M' •wSwiF .Y�� �a1. C. FL����~'•��, ��i3. is t't. s'•�t6 �'F'�ti� ��S.S eI ,��..•ifi �+ 4V� a1. �i �A.�i{. .J'�i Ze��i %,{t =)it'd, • ' y rout c'�- ar aecr�eivnacl 3y thc peri'o c�;�sr� of the wort, corife�s�Ir <�c� • ' -p� =r�lc�,�_ton ��� �utl�rtt�`. ' '_ - ; .:. ,- :, � _ . -- _ • ' -' ?. ^nid pernitte v b;?11 urni 6h' n b,a)ft to , thi +Cit.4 sif., M i t ' ul tip cis ply, W1 Ali tho tads 6'r-this ar< ° -i s nee ` n tc� iu ?o rzf end ,nave 'lmrmlcz u r 'Pity froa, 411 liz,1_11ityO ' ty�y��dM,.y� A,urM?� �Y:/t� J;1i t/:�t,A`, Ws .�,' ' hsirge i rLnd- ex ,&tnroy • t ` +t �lO��r-10 uy�e} to • ' ' �L!ercoftz or p.�perty_ �Jcans�$+E3md bye tai-- LI -.kL of he �is��9• �i%j+a K1f ii�il Y�� l • . *tq of OW., s"4mo, or ri�,in� *. out of the 4- ue �r. an 9 th tlMP- Said pe'rmittee shall be obli gated 'to 'accordingly fully indemnify and hold said" City harmless without limitation'as'to amount.' Y August 6, 1962, St. Paul, Minnesota. 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. 2081+2, being Ordinance : No. 122+3, adopted by the Council on August 1, 1962. MCDONOUGH CONS7RUCTIO COMPANY By U ORIGINAL S - TO PAYOR RECEIVED C i ICITY OF SAINT PAUL OFFICE OF THE COMPTROLLER 1 RECEIPT 100 NQ 1381 ICITY COMPTROLLER Soo Fao ,� 13Y / i Is / 2n �i Laid over to 3rd and app A dopted' Yeas Naysl Yeas Nays Dalglish \�,,Dalglish Holland �olland Loss \- - ss JLOAHts" 1Miortinson (� Peterson eterson Rosen \ \Rosen _ Mr. President Vavoulis Mr. President Vavoulis 28142 8 J��z(97�