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201902Original to City Clerk PRESENTED BY 0 W O cc Q. CL Council File No. 201902 — Ordinance No.� 11969 —By Milton Rosen — O R D I N At An ordinance ggr�anting permission to Gdorge L. Ostrand`to construct a public; 201902 , sewer in Westminster Street from Rose Avenue to 31 feet south of the south( F line of Rose Avenue. This is an ?' emergency ordinance rendered neces / sary for the preservation of the public) peace, health and safety. The Co1mri1 nf. +.h- City of AN ORDINANCE GRANTING, °PERMISSION TO GEORGE L. OSTRAND TO CONSTRUCT A PUBLIC SEWER IN WESTMINSTER STREET FROM ROSE AVENUE TO 31 FEET SOUTH OF THE SOUTH LINE OF ROSE AVENUE. THIS IS AN EMERGENCY ORDINANCE RENDERED NECESSARY FOR THE PRESERVATION 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 granted to George L. Ostrand to construct a public sewer in Westminster Street from Rose Avenue to 31 feet South of the South line of Rose , Avenue, to serve the following described property: All of vacated Rose Avenue and the north 32.13 feet of Lots 1 through 6 and east 1.0 feet of Lot 7, Block 4, Westminster Addition SECTION 2 The Commissioner of Public Works is hereby authorized to issue a permit to said George L. Ostrand for the construction of said sewer, upon his compliance with the following conditions, viz: 1. Said permittee shall construct said sewer entirely at his own expense, under the supervision and to the satisfaction of the Commissioner of Public Works, and in accordance with"the plans and specifications prepared by him. 2. Said permittee shall pay the cost of en- gineering and inspection of said work, and for the publication of this ordinance. 3. The said permittee shall provide for the re- surfacing, in accordance with the plans and speci- fications of the Department of Public Works, of that part of Westminster Street disturbed by the operations of the Sewer Contractor, and shall properly protect all excavations made in the streets both day and night so as to avoid all damage or injury to per. son or property; shall properly fill and tamp said streets to avoid settling, and shall restore said streets to their °.:original condition. . Yeas Councilmen Nays DeCourcy Holland Loss Mortinson Peterson Rosen Mr. President (Vavoulis) Attest: City Clerk 111 b -60 S Passed by the Council Approved: Mayor a Tn Favor Against 201go2 \�q �� 4. Said permittee, after the inception of said work, shall prosecute same continuously with dilig-ence, and fully complete said work to the satisfaction and approval of said Commissioner on or before September 20, 1961. 5. Said permittee expressly agrees and under- takes 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 per- mission and authority. 6. Said permittee shall not proceed to con- struct said sewer unless and until said permittee shall have fully complied with the provisions re- garding insurance and indemnification contained in the Specifications for Street and Sewer Construction in the City of Saint Paul, said provisions being numbered,1.44, as amended, and.found on pages 1 -13, through 1 -17 of said Specifications, copies of which Specifications are on file in the Department of Public Works and are incorporated into the terms of this or- dinance by reference as if the same had been fully set 'out and,recited herein. Said proof of compliance with the aforementioned provisions shall be in such form as the Corporation Counsel of the City of Saint Paul may direct and�said evidence of compliance shall be filed with the City Clerk of the City of Saint Paul together with a*copy of this ordinance. 7. Said permittee shall furnish a bond to the City of Saint Paul in the sum of Ten Thousand Dollars (109000) conditioned to comply with all the terms of,t his ordinance and to indemnify and save harmless said City from all liability, loss, judg- ments, suits,-costs, charges, and expense that may accrue to persons or property occasioned by the making of-the improvement or arising out of same. 8. The said permittee shall, within ten days after the.passage of this ordinance, file a written acceptance thereof with the City Clerk. - 2 - Orlginal to City Clerk ORDINANCE- 201902 COUNCIL FILE NO. : PRESENTED BY ORDINANCE NO.-\1 9. That said permittee shall immediately file with,the City an instrument granting to said City an easement with respect to the areas here - inbefore described, said instrument to be in form satisfactory to the Corporation Counsel of the'City of Saint Paul. SECTION 3 This ordinance is hereby declared to be an emergency ordinance rendered necessary for the preservation of the public peace, health, and safety. SECTION 4. This ordinance shall take effect and be in force from and after its passage, approval, and publication. 1 - 3 - Yeas Councilmen Nays DeCourey Holland Loss Mortinson petea:son _ Rosen Mr. President (Vavoulis) Attest : ' City Clerk 1M 5 -GO Qps f I& Passed by the CAneil Tn Favor n Against Approved:, I 1 MAY 18196'0 !/ Mayor Duplicate to Printer - - ORDINANCE COUNCIL FILE NO PRESENTED BY ORDINANCE NO. Yeas Attest: AN ORDINANCE GRANTINGo'PERMISSION TO GEORGE L. OSTRAND TO CONSTRUCT A PUBLIC SEWER IN WESTMINSTER STREET FROM ROSE AVENUE TO 31 FEET SOUTH OF THE SOUTH LINE OF ROSE AVENUE. THIS IS AN EMERGENCY ORDINANCE RENDERED NECESSARY FOR THE PRESERVATION OF THE PUBLIC PEACE, HEALTH AND SAFETY. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: SECTION 1 2 V1 Q< That permission and authority are hereby granted to George L. Ostrand to construct a public sewer in Westminster Street from Rose Avenue to 31 feet South of the South line of Rose Avenue, to serve the following described property: All of vacated Rose Avenue and the north 32.13 feet of Lots 1 through 6 and east 1.0 feet of Lot 7, Block 4, Westminster Addition SECTION 2 The Commissioner of Public Works is hereby authorized to issue a permit to said George L. Ostrand for the construction of said sewer, upon his compliance with the following conditions, viz: 1. Said permittee shall construct said sewer entirely at his ovm expense, under the supervision and to the satisfaction of the Commissioner of Public Works, and in accordance with the plans and specifications prepared by him. 2. Said permittee shall pay the cost of en- gineering and inspection of said m rk, and for the publication of this ordinance. 3. The said permittee shall provide for the re- surfacing, in accordance with the plans and speci- fications of the Department of Public Works, of that part of Westminster Street disturbed by the operations of the Sewer Contractor, and shall properly protect all excavations made in the streets both day and night so as to avoid all damage or injury to per son or property; shall properly fill and tamp said streets to avoid settling, and shall restore said streets to their Driginal condition. 4- Councilmen Nays DeCourcy Holland Loss Mortinson Peterson Rosen Mr. President (Vavoulis) City Clerk 1M 5 -60 8 Passed by the Council Approved: Mayor Tn Favor Against r' •. _- - ,T• '• ,.. h { ,i i,,{ - -• S .•Sf1 ', • - - C - " l • .• .- -' - t' as'ir -,`• ,•, •_ �'' • ••'' - r ",4, j 1 v �'_$ai&. -- Perm1tte6, :after -the'- ncep,tiori °of said., . ,works shall-, pros ®cute same c�pnt nuously' with. d31i, meet :P "satisfaction and .fully. eom'plete.- `said work to the and approval, of . said- Commissioner,pn •or 'befcire'- 6 epteiaber - 'Sai- d. °'permit'te expressly,, agree -s •under- -5 ,and takes hi -to lly indemnify and hold harmless the ` -City • ' • of •Saim; "Paul #.- its :agents , officers; .4nd.,employees ~' -f F any and X11 ",damages -, claims; , losses'A : j�zdgmentsy' r' .. suits, 'or "•expenses ariiing 'out' of -,6 - occasioned by —1 ` ' the performance'•'of -the vibrk 'aontemplated by'thio per- .; mission -and authority; _ _Said pemitee.' $ha.11+ not proceed tg aon- , - etruct said e,ewer;'uxtesa 'and, -until _�sid 'permi't.tee ' sha -11 ' h4ve fully complied with' - trie - ro- is ions; re - • • .-- garding• insurance _ah.d indemoifica:t.ion c,ontaine�l',iri' . the Sp,ecif icati.ona, for Street -and Sewer' Construction in tYie` city of Sal. tllli'aul,t said proVisions being ' ' numbered 1.4149 ai - amended;• a.nd found -on s e through .7 =17t,c f _'sai:d tSpec'if,ications, oopie.s of, whi6h.- SpeoifiQation$: Aii a on file' ;iii. the,- Depart %ent• ofi'' ublic . ;. � _ Works and ire incorporated' into the iterms `of this or..-- { _ `dinancs bg t.reference as if the 'same ;had been' fully set .out ,and recited—herein., Said proof ,of compllpnee with 'the; ,afQrementioned�pro'visions $hail' -be in such form' Y� - ' -68 the Corporation Counsel- of • the :,City of. Saint Paul ' . - " -. .• may- direct- and- :said _ev,idenee of. - .compliAnce- shall be filed with the :City Clerk-of the :City of'-Saint •maul = together. with a, cop' -cif ' thi'sil Ordnance -- laid pormittee` shall furnish a:' bond to the City of' Sall t ;haul in the sum df Ten Thou__ sand T .Dollars ('$10;000) conditioned t_ b`-comply with s1 the ' - ,. terms: of thin •Ordin6noe -and 'to' indemnify and save �harmless,said,,.City from-all �liabillty," *:' loss , judg- menta,, ..suits;, costs; . charges g' and,- expel "that., nay. acerue to' persons -'or property, occasioned by, the ;.making,.,of the -Improvement. or arising out` of .same: ; • . `8.:• The.- tid permittee shall, within' ten' days after - the. passage of this 'ordinance fi .e 'a Wfttten_ ' - ' acceptance, thereofi':with• the" City Clerk:. n x'' Duplicate to Printer PRESENTED BY - ORDINANCE COUNCIL FILE NO ORDINANCE NO. 9. That said permittee shall immediately file with the City an instrument granting to said City an easement with respect to the areas here - inbefore described, said instrument to be in form satisfactory to the Corporation Counsel of the City of Saint Paul. SECTION 3 201902 This ordinance is hereby declared to be an emergency ordinance rendered necessary for the preservation of the public peace, health, and safety. SECTION 4. This ordinance shall take effect and be in force from and after its passage, approval, and publication. -3- Yeas Councilmen Nays Passed by the until MAY 18 IM DeCourcy Holland Loss Tn Favor Mortinson 1-e Against Rosen Mr. President (Vavoulis) Approved: 61AY 18199L Attest: City Clerk Mayor IM a -so qspo r� '2 C) LU CI) J =i: ri L1! ii v_ i LIy Saint Paul, Minnesota, May 22, 1961. To the Honorable, the City Council Saint Paul, Minn. Gentlemen and Madam: We, the undersigned petitioners, hereby accept and agree to comply with the terms and conditions of Council File No. 201902, adopted by the Council on May 18th, 1961. 4., ORIGINAL CITY OF SAINT PAUL" TO PAYOR • OFFICE OF THE COMPTROLLER NQ 1224 RECEIPT iv, 4 7, RECEIVED OF 100 FOR d,'�M -�2 C', 11,2 300 &-u Co CITY • BY is r 2n , Laid over to 3rd and app Adopted Yeas Nays Yeas Nays DeCourcy Holland Loss 1(0 Mortinson Peterson Rosen Mr. President Vavoulis 201 -902 Off'" DeCourcy Holland Loss Mortinson 4�,� k,4, Rosen s Mr. President Vavou i z