202878Original to City Clerk 1
Council File No. 202878— Ordinance No. i
12014 —By Milton Rosen -
i
O R D N A An ordinance granting permission t 20
- .!
F The Webb Publishing Company to con -;
struct a public sewer in Stewart Ave-
nue from Homer Street to approxi- i
r mately 650 feet easterly of the east line
of Homer Street as measured along the 1
north line of Stewart Avenue. This is
PRESENTED BY s^ emprkrenc7 ordinance rendered nec- v
•9:2; 3i1% .i�t'"liii'
F. :. ""� A11 r:'
An ordinance granting permission to The Webb Publishing Com-
pany to construct a public sewer in Stewart - Avenue from
Homer Street to approximately 650 feet easterly of the
east line of Homer Street as measured along the north
line of ,Stewart Avenue. - This is .an emergency ordinance
rendered necessary for the preservation of the public
peace, healthrand safety.
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section 1. That permission and authority are hereby granted
to The Webb Publishing Company to constructa public sewer in Stewart
Avenue from Homer Street to approximately 650 feet easterly of the
',,etst line of Homer Street'as measured along the north line of Stewart
.Avenue. The following described real property of The Webb Publishing
Company is that approximately to be served by such sewer, to -wit:
That certain real property situate within the corporate
limits of the City of Saint Paul:
Yeas
Attest:
That property situated in the Southeast -=14 of Section
15, Township 28, Range 23, being part of Lots 19, 20,
-anal 21, Fort Street Out Lots: Lots 1, 2, 3, 4, 5, 6,
7 and 8, Block 5, Majors Addition, and part of Lots
1, 2, 3, 4, 5 and 6,. -Block 31 and 1, 21 3 and 41 Block 42
C. W: Youngmants Third Addition, ,I,ying Southerly of a
line described as follows:`.t•
Commencing at a concrete monument at the most Southerly
corner of Lot 192 Fort Street Out Lots, :accordi.ng to the
original plat thereof, thence Northerly „,along the —
Westerly line'of said Lot 19 a distance of 219.76 feet
to a concrete monument, said monument being on a line
25t Southerly from, measured at right angles, the center
line and parallel with the straight line track of the
so- called Ford Branch of the. Chicago, Milwaukee, St. Paul
'and. Pacific Railroad, and; said parallel line extended
Westerly and the point -of `beginning of the line to be
described; thence Northeasterly along a parallel line
which if extended Easterly would intersect the North
line of the SE4 of the SFt of Section 15, Township 28,
Range 23 at .a distance of 387.78 feet, -East of the
Northwest corner of said 4 4 Section, a distance of 373.77
feet to a. concrete monument in the Westerly lined ofxiLot° 21,
said Fort Street Out Lots; `thence - Northerly •a1; `r�fi d•'
Westerly 2.58 feet._to a concrete monument;- "t erica ..
Easter along. line parallel with and 222 feet Southerly
rom he_eenter line of said Ford Branch straight track,
a distance of 82/}.92 feet to a concrete monument in the
said North line of said 4 4 Section at•a distance of
383.78 feet East of the concrete monument at the Northwest
corner of said 4 4 Section.
councilmen Nays Passed by the Council
DeCourcy
Holland
Loss
Mortinson
Peterson
Rosen
Mr. President (Vavoulis)
City Clerk
lAl 6 -60 8
Approved:
Mayor
Tn Favor
A gainst
A.
Yeas
Attest:
That property situated in the Southeast -=14 of Section
15, Township 28, Range 23, being part of Lots 19, 20,
-anal 21, Fort Street Out Lots: Lots 1, 2, 3, 4, 5, 6,
7 and 8, Block 5, Majors Addition, and part of Lots
1, 2, 3, 4, 5 and 6,. -Block 31 and 1, 21 3 and 41 Block 42
C. W: Youngmants Third Addition, ,I,ying Southerly of a
line described as follows:`.t•
Commencing at a concrete monument at the most Southerly
corner of Lot 192 Fort Street Out Lots, :accordi.ng to the
original plat thereof, thence Northerly „,along the —
Westerly line'of said Lot 19 a distance of 219.76 feet
to a concrete monument, said monument being on a line
25t Southerly from, measured at right angles, the center
line and parallel with the straight line track of the
so- called Ford Branch of the. Chicago, Milwaukee, St. Paul
'and. Pacific Railroad, and; said parallel line extended
Westerly and the point -of `beginning of the line to be
described; thence Northeasterly along a parallel line
which if extended Easterly would intersect the North
line of the SE4 of the SFt of Section 15, Township 28,
Range 23 at .a distance of 387.78 feet, -East of the
Northwest corner of said 4 4 Section, a distance of 373.77
feet to a. concrete monument in the Westerly lined ofxiLot° 21,
said Fort Street Out Lots; `thence - Northerly •a1; `r�fi d•'
Westerly 2.58 feet._to a concrete monument;- "t erica ..
Easter along. line parallel with and 222 feet Southerly
rom he_eenter line of said Ford Branch straight track,
a distance of 82/}.92 feet to a concrete monument in the
said North line of said 4 4 Section at•a distance of
383.78 feet East of the concrete monument at the Northwest
corner of said 4 4 Section.
councilmen Nays Passed by the Council
DeCourcy
Holland
Loss
Mortinson
Peterson
Rosen
Mr. President (Vavoulis)
City Clerk
lAl 6 -60 8
Approved:
Mayor
Tn Favor
A gainst
.. 202878
a
B. Lots 9 and 10, said Block 5, Majors .Addition.
C. All that part of Lots 1, 2, 33, 41 51. 6.,_7 and 8,
Block 11, Kipp's Glen Terrace trying south of the
parallel line last described in paragraph A. 1.
above, extended easterly from said monument located
383.78 feet,East of said Northwest corner to the
point of intersection of said line with the southerly
line of Glen Terrace.
D. The remainder of said �• W. Youngman's Third .Addition,
lying northwesterly of the northwesterly line of
Shepard Road.
E. Together with all vacated streets and alleys lying
within the above deseri.bed area.
Section 2. The Commissioner of Public Works is hereby authorized
to issue a permit for the. construction of -said sewer, t6 The Webb P=ublishing
Company, upon its compliance with the following conditions, to -wit:
` 1. Said permittee shall construct said sewer entirely at
its own expense under the supervision to the' satisfaction of the
Commissioner of� a
Public Works, and in' accordance with the rplans and �.
specifications prepared by him.
?
2. Said permittee shall pay the cost of-engineering and
inspection of said work, and for the publication of this ordinance.
h ,
3. Said permittee shall properly protect all excavations
_made in the streets both day and -Aght so as to avoid all damage or
injury to persons or property; shall properly fill and tamp said streets
to ,avoid settling, under the supervision and subject to the direction
of said Commissioner.
I+. Said permittee, after the inception ofIsaid work, shall
- prosecute same - continuously,- -with diligence, and fully complete said
work to the satiMetion and approval of said Commissioner on or
before September 15, 1961.
5. 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 expense arising out-of or occa.slgngd by the performance of the work
contemplated by this permission and - authority.
6. 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 the same.
7. Said permittee shall not proceed to construct said sewer
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 Works Specifications for Street
and Sewer Construction dated .April 1, 1959, Section 1. ", as amended,
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 1.4/+ shall be read as though the word
" permittee" were substituted for the word "contractor" wherever the
same appears in the .aforesaid Section 1.44. Said Section 1.44 of the
.Specifications for Street and Sewer Construction in the City of Saint
-2-
ti
r.
Oricinal to City Clerk
-� ORDINANCE 202
COUNCIL FILE NO.
PRESENTED BY ORDINANCE NO.
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 l.l41. 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 1.41+ shall,,after submission to the Corporation Counsel,
be filed in the•Soff'ce of the Comptroller of the City of,Saint Paul.
S. sermittee shall, within 30 days after the passage of
this ordinance, file a written acceptance thereof with the City Clerk.
Section 3. :,This ordinance is hereby declared to bean emergency
ordinance rendered necessary for the preservation of the public peace,
health, and safety.
Section /+. This ordinance shall take effect and be in force
upon its passage, approval and publication.
r
Yeas Councilmen
DeCourcy
Holland
Loss
Mortinsan
Peterson
Rosen
Mr. President (Vavoulis)
Attest
t "V
City Clerk
IM 6 -66 a QD.8
Nays Passed by the Council
r
JUL 2 5 1961
(� In Favor
A gainst
Approved: JUL 2 5 1961
Mayor
PUBLISHE _
-3-
Duplicate to Printer
j ORDINANCE
PRESENTED BY
COUNCIL FILE NO.
ORDINANCE NO.
2028'8
An ordinance granting permission to The Webb Publishing Com-
pany to construct a public sewer in Stewart Avenue from
Romer Street to approximately 650 feet easterly of the
east line of Homer Street as measured along the north
line of Stewart Avenue. This is an emergency ordinance
rendered necessary for the prezervation of the public
pepce, health and safety.
THE COUNCIL OF THE CITY OF SAI ?IT PAUL WES ORDAIN:
Section 1. That permission and authority are hereby granted
to The Webb Publishing Company to construct a public sewer in :tewart
Avenue from Homer Street to approximately 650 feet easterly of the
east line of Homer Street as measured along the north line of ;;'tewart
Avenue. The following described real property of The Vebb Publishing
Company is that approximately to )be served by such sewer, to -wit:
That certain reel property situate within the corporate
limits of the City of Saint Paul:
A. That property situated in the Southeast * of Section
15, Township 28, Range 23, being part of Lots 19, 200
and 21, Fort Street Out Lots: Lots 1, 2, 31 49 5, 61
7 and 8, Block 5, Majors Addition, and pzrt of Lots
1, 2, 3, 4, 5 and 6, Block 3, and 1, 2, 3 and 4, Block 4,
C. W. Youngman's Third Addition, lying Southerly of a
line described ao follows:
1. Commencing at a concrete monument at the most Southerly
IM s -so qEJ0.8
corner of Lot 19, Fort Street Out Lots, accor0i_ng to the
original plat thereof, thence Northerly along the
Westerly line of said Lot 19 a distance of 219.76 feet
to a concrete monument, s,,Ad monument being on a line
251 Southerly from, measured at right angles, the center
line and parallel with the straight line track of the
so- called Ford Branch of the Chicago, Milwaukee, St. Paul
and Pacific P.ailroar,, and stiid parallel line extended
V'esterly and the point of beginning of the line to be
described; thence Northe ^wterly along a parallel line
which if extended Fasterly would intersect the North
line of the SF-1 of the 21-. + of 'ectl on 15, Township 28,
Range 23 at a distance of 337.78 feet East of the
Northwest corner of said f 1 Section, a distance of 373.77
feet to a, concrete monument in the Tv'esterly line of Lot 21,
saaiO Fort Ftrcet Out Lots; thence Northerly along said
'Vesterly line 2.58 feet to a concrete monument; thence
Fa.sterly along a line parallel with-and 222- feet Southerly
from the center line of said Ford Branch straight track,
a distance of 824.92 feet to a concrete monument in the
said North line of said .section at a distance of
383.78 feet Ea: t of the concrete monument at the Northwest
corner of said Section.
Yeas Councilmen
Nays Passed by the Council
DeCourcy
Holland
Loss
Tn Favor
Mortinson
Peterson
Against
Rosen
Mr. President (Vavoulis)
Approved:
Attest:
City Clerk Mayor
IM s -so qEJ0.8
, 'ty," - - - •- - ' • -ice � _ -•` - '' '' _• - y •'{.! •j' -, _ ./'� .^ - ..
• _ - ' f .�u•�' ` 1•' '•i 'if``.i• •a. +' yR! rr .L f„ i _'• ' - , - r •. •4 ,., -87 * r,
i .. B. Lots_ 9 and 10,,, said B16'ck 15,±Majors, Addition.
All• thAt partr`of Lots ij 2, ' 3,f 4; 5; -6, -° -and $, , .
- Bloek 11 �ipp!s'Glen Terrace lying south of the '~
• - parallel line last,' de&eTibed sin;. paragraph
' a`tiove; extended�sterly: from' s :¢id monument" »located'
' = 3$3.7$ feet East of sa a Northwest 'corner to the. '?
;point_ , .of, intersectio'. of -said: line `w ,th - the'boutbe&ly -
line of cleii.. To
The ,remainder 'of'�sa.id'"•' fi: ' Y4un pas,! s Third' Addition± = r
.' lying nort}i�iesterly'• -of_ the, •northwesterly -line of •,
Shepard Woad. - `= ; , y. . t
yE.•r .Together- vit,li- xll:vacated'-- streets, and alley§ lying
- 1 s y, Sri thin the • ebove described area.'-, r ';•- z,
�ection.:.° The Commi'snioner- :oi- Public' Worke''is "hereby 44thori: >.ed'-
to ±sane a perisit _for the' construction,-of- said, sewer'; _ to The (ebb .Publishing ; ..
c'f Company,' upon i.bs compliance ;with' the_- fbl lowing ' conditions, to- tits:
r 1..
Said .permibtO4' construct said sewerentirely at`
_- - its `own ` expense, under ,the `supervision-and-t6 the 'satisfaction of the, -
Commissioner. _of Public Works;• and•in accordance yr1 h'the plans, and
specificationd;`prepared by .him. '^
-
—2. 2. Laid permittee shall rpaY the. coat of Qnginoexing` and-
F"
- = : :'inspectioji of said Nork,-•?.nf for the publication of. `this ordixi�ince ;
{ ' ':. -j • 3:
Said •permittee shall properly-protect' •all excavations .
- • > :, f ' ..' ade .in' the streets both .day and night. .'�o as
m to , avof d all'. damage or -
' injury; -to - -per son& or• property ;.:shall- properly fill" and ta►p• std' streets'
u to avoid se ttling; uri er - the ''suoervi sio' Arid subject, to` the clireation
- of said t w
�omnsissioner.
4: ;•Said pertnitte&�- ifter; the. irice'ptinn of 'sad V *ori=, aria] 1
` prosecute 'same .con,tinupusly; ,-•dth 'dilige_nee, and fury - g6mplete ,S- 61d ,f '
work to the, satialctioii•*and approvr.l o.f, sAd Commi.ssioner'on
°., • . ,'' _ before , September. 15y ' -1961.
r ;,elps5. Said r aree and s to. fully r Y
r inderinify•�arid hold harrslbss the. City of 5ai ntrPaul, i.ts ,agonts; o_ fficexs ,
:and employees', from any, end c�11 •ddnaoee claisnsa _los�;e�s 'juc? '
> > r ent-3, - , cui t. , .,
or expense. arising 'aut 'of -'o occasioned• by: the ;perforraarice :of the xork
conteapla.ted 'by thi.sr,permiss3ozi" arid- ruthority.
3 t , . r.
'pe=' - i'tte.6 shall furni a bone to th -City' of Saint
Paul in :the "sum of �JOA�Qp co±lditi.on6O - to ,'comply' �,�ith a' I the terns;_ +of
: this t ordinance and, to indemnify tnd 's,.ve harmless . sAd City -from -all {„ -
liability-, loss, jud�?raents,''siit.s; 665+.t;` ;'. chi.rgesi._`-an� eYpense that,-
1.
may accrue to per or pr`operty�,occasioned �y re'Wcing f the
mproYement o- ari sing" out,of -tie onne:
r .
.y, 7. -aid permittee shall not- proceed to ~construct, s id z;ewex'.r '
unless `sac! until said permittee °shall have fully eoinplied with the
prov3 lions= r'egardizid,,Xn4urance sna indeinnification ,contained in the
r " City of, Writ P'an1..,Department, of Puhl c Yorks 4p ecificriti'onF, for Street' •reet• '
` and ; Sewes Gonstruction dated April 1; ",1'59; :Section = 1:1+/x, as •endsd,
and fouild'on pi ges.,l 13• through .1 =1'i of ' said: Specifi cations . appli cable'
to contractors:', For the: purposes `.of .this ordlnance, --'the �af6re68td
eectiob of•' esid Specifications 1:.4.4- shall, be read, as though the word -
} _ "pezmittee" were substituted_ ,for 'the fiord . "contrActto, whcre�er. the-_-, Y same F,ppear$-' t?ie afores -d Sectio*�_] :ll :` .Said cticn °l.l 'of the -
- - _ Specifications �ior- Street and _t�`e�rer 4a�iatruction.in tb.e� City.of• Saint .' :,; �` - -�
- Duplicate to Printer
ORDINANCE
COUNCIL FILE NO
PRESENTED BY ORDINANCE NO.
20$78
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 1.144 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 1.144 shall, after submission to the Corporation Counsel,
be filed in the office of the Comptroller of the City of Saint Paul.
S. 'Shall permittee shall, within 30 days after the passage of
,i this ordinance, file a written acceptance thereof with the City Clerk.
13ection 3. This ordinance is hereby declared to be an emergency
ordinance rendered necessary for the preservation of the public peace,
health, and s;ifety.
Section 14. This ordinance shall take effect and be in force
upon its pas-,:,age, approval and publication.
Yeas Councilmen
DeCourcy
Holland
Loss
Mortinsan
Peterson
Rosen
Mr. President (Vavoulis)
Attest:
City Clerk
IM 5 -60 8
Nays Passed by the Council
JUL 2 5 1961
Favor
12 In d Against
IJK 2-5 iw 3 l
Approved:
Mayor
July 31, 1961.
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. 202878, being
Ordinance No. 1201+, adopted by the Council on July 25th., 1961.
MICHAEL J. DOHERTY
WILFRID E.RUMBLE
FRANCIS D. BUTLER
EDGAR G.VAUGHAN
J. C. FOOTE
RICHARD J. LEONARD
IRVING CLARK
HAROLD JORDAN
THEOPHIL RUSTERHOLZ
FRANK CLAYBOURNE
PIERCE BUTLER,M
JOHN L.HANNAFORD
ANDREW G.SCOTT
JOSEPH M. FINLEY
HENRY D.FLASCH
EUGENE M.WARLICH
TIMOTHY J. HALLORAN
WILLIAM WOOD NELSON
DOHERTY, RUMBLE & BUTLER
ATTORNEYS AT LAW
1006 FIRST NATIONAL BANK BUILDING
SAINT PAUL I, MINNESOTA
August 11, 1961
Office of the City Clerk
Bureau of Records
386 City Hall and Court House
Saint Paul 2, Minnesota
Gentlemen:
We file herewith The Webb Publishing Company's
acceptances of Ordinance No. 12014, adopted by the Council
on July 25, 1961 (Council File No. 202878), and of
Ordinance No. 12021, adopted by the Council on August 1,
1961 (Council File No. 203040).
Both acceptances are on the forms prepared by
you and provide that Webb Publishing Company will abide by
all the terms and conditions of these Ordinances.
Yours very truly,
DOHERTY, R & BUTLER
PB : gl By
Enclosures
TELEPHONE
CAPITAL 4 -3813
is 2n
Laid over to
3rd and app Adopte D
Yeas Nays Yeas Nays IV
DeCourcy
Holland
Loss
Mortinson
Peterson v
Rosen
8
DeCourcy
Holland
boas
Mortinson
Peterson
Rosen
Mr. President Vavouli