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201585Original to City Clerk PRESENTED BY i.� M (L CL ` ' i "alp Council File No. 201585— Ordinance No. 11959 —By Severin A. Mortinson, by request -- An ordinance granting the Admiral Transit, Inc. and Merchants Motor Freight, Inc., permission to remove the concrete curb and to carry out the necessary construction work there- for in the area adjacent to 2825 Territorial Road, Saint Paul, Minne- sota. This ordinance is hereby declared to be an emergency ordinance rendered necessary for the preservation of the AN ORDINANCE `GRANTING` -THE ADMIRAL TRANSIT,. INC. AND MERCHANTS MOTOR FREIGHT, INC., PER- MISSION TO REMOVE THE CONCRETE CURB AND TO CARRY OUT THE NECESSARY CONSTRUCTION WORK THEREFOR IN THE AREA ADJACENT TO 2625 TERRITORIAL ROAD, SAINT PAUL, MINNESOTA. THIS ORDINANCE IS HEREBY DECLARED TO BE 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 Admiral Transit, Inc. and Merchants Motor Freight, Inc., to enter upon Territorial Road and to remove the concrete curb and to carry out the neces- sary construction work in the area adjacent to 2625 Territorial Road, Saint Paul, Minnesota. d Section 2. The Commissioner. of Public Works is hereby authorized to issue a permit to Admiral Transit, Inc. and Merchants Motor Freight, Inc., for the removal of the concrete curb and for the carrying out of the neces- sary construction work therefor, in the area adjacent to 2625 Territorial Road, subject to compliance with the follow- ing conditions, to -wit: 1. Said permittees shall secure a licensed and bonded contractor to perform the necessary work, all of which'said work shall be entirely at the expense of said permittees. 2. All construction shall conform to the City of Saint Paul Department of Public Works Specifications for street and sewer construction, dated April 1, 1959, as amended. 3.- Plans or sketches shall be prepared and submitted by the permittees detailing all curb removal and additional construction to be done under this permit, all of which shall be subject to the approval or rejection by the'Commissioner Public Works, and said permittees shall pay the cost of engineering and inspection of said work also the cost of publication of'this ordinance. Yeas Councilmen Nays DeCou' Cy Holland Loss Mortinson Peterson Rosen Mr. President (Vavoulis) Attest: City Clerk 1M s -so sqR0.8 Passed by the Council Approved: Mayor PUBLISHED of ... Tn Favor Against Orlainal to City Clerk - ©RDINANCE 201585 COUNCIL FILE NO. PRESENTED BY ORDINANCE NO. 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 upon its passage, approval and publication. Yeas Councilmen Nays DeCourcy ��ll Herat V Loss Mortinson Peterson Rosen Mr. President (Vavoulis) Attest ty Clerk 1516 -60 ,8 Mal' 4 196 Passed by the Council Tn Favor Against Approved: X MAY 4 19 Mayor 4 201585 MM 4. Said permittees, after the inception of said work, shall prosecute the same continuously with diligence and shall fully complete said work to the satisfaction and approval of the Commissioner of Public Works on or before July 309 1961. 5. Said permittees shall properly protect all excavations made in any public street, both day and night, so as to avoid all damage or injury to persons or property and shall properly fill and tamp any such public street to avoid settling. 6. Said permittees shall not proceed to re- move said curbing or do any, other construction work over and upon said public street unless and until said permittees 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, as amended, Section 1.44, 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 shall be read as though the word "permittee" were substi- tuted for the word "contractor" wherever the same appears in said Section 1.44. Said Section 1.44 of said Specifications 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. 7. Said permittees shall furnish a bond to the City of Saint Paul in the sum of $109000:00;;. 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 improvements hereinbefore set forth or arising out of the same. 8;- Said permittees shall, within 10 days after the passage of this ordinance, file a written acceptance thereof with the City Clerk. - 2 - 1st - -. -.1 -- 2n y� Laid over to r 3rd and app Adopted- Yeas Nays Yeas Nays (� DeCoun Holland ileum Loss Loss Mortinson P Mortins4 _Xetersoir— Peterso Rvaen Rosen Mr. President Yavoulis Mr. President 8 201585