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207142�ri$inal to City Clerk Council File No. 207142 - Ordinance No. 0 12202 —By Severin A. Mortenson, by c request— l'�1 V O R D I N An ordinance granting perpilssion to � f:,,rland Construction' Company to e� de al 'E 7- subrook with I=irious walk I rq.td 4 �,F' S, Afton liuoor�lrlt. rt aatts�7 r-' de 2 PRESENTED BY b�� ,d, :to, CSt Jtt"' ►`[ GrcjLL I An ordinance granting permission to Berland Construction Company to grade and surface with bituminous material Edgebrook Street from McKnight Road to the pedestrian walk between Lots 9 -and 10, Block 5, Afton Heights Addition, and to partially grade and place a temporary wearing surface on the west 28 feet of McKnight Road from Cardinal Place to Edgebrook Street. This is an emergency or- dinance rendered necessary for the preservation of the public peace, health, and safety. THE COUNCIL OF THE CITY OI'' SAINT PAUL DOES ORDAIN: Section 1. That permission -and.'authority are hereby given tom' Berland Construction Company to grade and surface with bituminous material Edgebrook Street from McKnight Road to the pedestrian walk between Lots 9 .,.d 10, Block 5, Afton Heights Addition, and to partially grade and place ,a temporary wearing surface on the west 28 feet of McKnight Road from Cardinal Place to Edgebrook Street, and the Commissioner of Public Works is hereby authorized to issue a. permit therefor to said Berland Constructi, Company upon its compliance with the following conditions, viz: 1. Said permittee shall do such work entirely at its own cost and expense, :and to the satisfaction and under the supervision of the Com- missioner of Publ' Works, and in accordance with plans,�and specifications of the Departme: Public Works. 2. Said permittee .shall pay the cost of engineering and inspectic 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.a11 damages by reason of such grading and surfacing work on these street; 1,.. Said permittee, after the inception of said work, shall prosecute the same continuously, with diligence .and complete said work on ur before August 1, 1963. 5. Said permittee shall furnish a bond of $10,000 to the City of Saint Paul, conditioned to comply with all the terms of this ordinance, rid to indemnify and save the City harmless from any .and all loss, liability, judgments, suits, costs, charges, damages or expense that may accrue to person or property occasioned by said work. 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. Yeas Councilmen Nays DeCourcy Holland Loss Mortinson Peterson Rosen Mr. President (Vavoulis) Attest: City Clerk 1M 11-01 22 Passed by the Council Approved: Tn Favor Aroainst (jiuinel to City Clerk PRESENTED BY ORDINANCE COUNCIL FILE NO. ORDINANCE NO. 2i)73I42 D;Z-- 7. Said permittee shall not proceed with said work unless and -until said permittee shall have fully complied with the provisions regarding insurance and indemnification contained in the City of Saint Paul Department of Public Norks Specifications for Street and Sewer Construction, dated April 1, 1959, -as 'amended, Section 1.413., and found on pages 1 -13 through 1 -17 of said Specifications, applicable to contractors. For the purposes of this ordinance, the aforesaid section of said Specifications numbered 1.44, as .amended, shall read as though the Nord. "permittee" were substituted for the word "contractor" wherever the same appears in the - aforesaid Section' 1.44. Said Section 1.131+ of the Specifications for Street .and Sewer Con- struction in tie City of Saint Paul is hereby incorporatedmherein by referenc as fully -and as completely as if set forth herein verbatim. Proof of com- pliance with' the provisions of the .aforesaid Section 1.134, 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 submission to the Corporation Counsel, be filed in the office of the Comptroller of the City of Saint Paul. S. Said permittee shall, within 30 days after the passage of this ordinance, file a, written acceptance thereof with the City Clerk. Section 2. This ordinance is hereby declared to bean emergency ordinance rendered necessary for the preservation of the public peace, health, dnd safety. Safn 3. This ordinance shall take effect and be in force upon its passage, approval, .and publication. W Yeas Councilmen Nays DeCourcy 110paR4-- Loss Mortinson / Peterson V Rosen `= Mr. President (Vavoulisl -- Attest,�� (� City Clerk im 11-61 22 Passed by the MAY 2 4 1962 Tn Favor Against MAY 2 4 1962 Mayor Dupes to to Printer t PRESENTED BY "ORDINANCE COUNCIL FILE NO 2071.42 ORDINANCE NO. /42 C An ordinance granting permission to Berland Construction Company to grade and surface with bituminous material f dgcbrook utrcet from :McKnight Road to the ped.ectrian talk between Lots 9 and 10.. Block 5, Afton Heights Addition, and to partially grade and place a temporary wearing surface on the west 28 feet of TIcKnipht Road from Cardinal Place to Fdaebrook Street. This is an emergency ordinance rendered necessary for the preservation of the public peace, health, and safety. THE COUNCIL OF THF CITY OI S_'1NT PAUL DOES ORDAI^I: °ection 1. That permission and authority are hereby given to Berland Construction Comp,-ny to grade and surface ixi.th bituminous material Edgebrook Street from ° 1c-Knight Road to the pedestrian walk between Lots 9 ,-nd 10, Block 5, Afton Heighto Addition, and to partially grade and place a temporary wearing surface on the west 28 feet of McKnight Road from Cer0inal Place to Fdgebrook Street, and the Commissioner of Public krorks is hereby authorized to isEue a permit therefor to said Berland Construction Company upon its compliance with the following conditions, viz: 1. Said permittee shall do such work antirely at its own cost and expense, and to the satisfaction and under the supervision of the Com- missioner of Public Yorks, and in accordance with plans emd .pecifications of the Department of Public Vorks. 2. Caid permittee shall pay the cost of engineering_ end inspection end also the cost of publication of this ordinance. 3. Before entering upon or Doing any of said work, said permittee rhall procure from the abutting owners such ee..ements in ane. to the abutting property as may be necessary, for elopes, cut: and fills, :end shall obtain a written release from such owners, releasing and discharging the City from any end all d,:iinges by reason of such grarin end surf -cing work on there streets. 4. Said permittee, after the inception of scid work, shall prosecute the s me continuously, with diligence and complete srid work on or before August 1, 1963. 5. Said permittee shall furnish a bond of X10,000 to the City of Saint Paul, conditioned to comply with all the terms of this ordinance, and to indemnify end save the City hrrmlecrz from any and all loss, liability, Judgments., suits, costs, charges, damages or expense that may accrue to person or property occasioned by said work. 6. Paid permittee expressly agrees and undertakes to fully indemnify and hole harmless the City of Saint Paul, its agents, officers and employees from any and all danae;es, claims, los:=es, judgments, suits, or expenses arising out of or occasioned by the performance of the work contemplated by this permission and authority. Yeas Councilmen Nays DeCourcy Rolland Loss Mortinson Peterson Rosen Mr. President (Vavoulis) Attest: City Clerk 1M 11-61 °22 Passed by the Council Tn Favor i i Against f Approved: I Mayor } Duplicate to Printer ORDINANCE qN7142 COUNCIL FILE NO. PRESENTED BY ORDINANCE NO.- 7. waid permittee shall not proceed with said work unless and until said permittee shall have fully complied with the provisions regordir>rQ insurance and in0emnification cont -.fined in the City of Saint Paul Department of Public Vorks Specification: 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 Specifications, applicable to contractors. For the purposes of this ordin -nce, the aforesaid section of said Specifications numbered 1.14, as Emended, shQ11 rem as though the imrd "permittee" were substituted for the word "contrr ctor" i herever the sere app -rs in the aforesaid Section 1.14. `'aid `"ection 1.14 of the Specifications for Street and ewer Con- struction 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 com- pliance 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 virect and the documents re(;uired by the aforesaid Section 1.14 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 dpys alter the passage of this ordinance, file a written Qcceptixice 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, tend s•Iety. Section 3. This ordinance shall take effect and be in force upon ite prssa,?e, approval, cnd publication. Yeas Councilmen DeCourcy J10and- Loss Mortinson Peterson Rosen Mr. President (Vavoulis) Attest: Nays Passed by the z 61cil MAY 2 41962 Tn Favor �l Against Approved: 14AY 2 4 1962 City Clerk Mayor 1M 11-61 X22 St. Paul, Minnesota, May 28, 1962. To the Honorable, the City Council, ` Saint Paul, Minnesota. Gentlemen and-Madam: We,'the undersigned, do hereby accept and agree to abide by all the terms and conditions of Council File No. 207142, being Ordinance No. 12202, adopted by the Council on May 24, 1962. BERLAND CONSTRU TION COMPANY By June 25, 1962 Honorable City Council City of Saint Paul, Minnesota The undersigned, Berland Construction Company, hereby accepts all of the terms and conditions of Ordinance No. 12202, Council File No. 207142. BERLAND CONSTRUCTION COMPANY By Ha old She r, Secretary J ORIGINAL TO PAYOR RECEIVED O CITY OF SAINT PAUL OFFICE OF THE COMPTROLLER RECEIPT CITY foo f-w ,® BY N4 1374 19— loo ` lst 2n 1 b .Laid over to 3rd and app —Adopted- Yeas Nays Yeas Nays DeCourcy DeCourcy r i athmd- . EWHamt — Loss Loss Mortinson Mortinson -Pebersow— Peterson Rosen Rosen sf en avou is . President Vavoulis s 2�'��_42