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204072Original`to City Clerk j Council File No, 204072 — Ordinance No. O R D I N . 12072 —By Milton Rosen — F An ordinance granting permission to ����� ,Harold J. Westin Construction Company to ,grade and pave with concrete the 0. alley in Block 26, Rice and Irvine's Addition. This is an emergency ordi- nance rendered necessary for the pres- ervation of the public peace, health, PRESENTED BY O. S��a�; n7 ;aftTnansrr!� ":-,.i��_�--,,., -- An ordinance granting permission to Harold J. Westin Construction Company to-grade, and pave with concrete the :alley in Block 26, Rice .and rvinets' Addition. 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 Harold J. Westin Construction Company to grade and pave with concrete the alley in Block 26, Rice and Irvine's Addition. Section 2. The Commissioner of Public-Works is hereby ,authorized to issue a permit to Harold J. Westin Construction Company to grade and Dave with concrete the above mentioned alley, subject to his compliance with the following conditions, viz: 1. Said permittee shall grade and pave with concrete - said alley entirely at its own expense, under the supervision and to the satisfaction of the Commissioner of Public Works. and in accordance with plans and specifications approved by the Department of Public Works. 2. Said permittee shall pay the cost of engineering -and inspection of said -work -and shall pay the cost of publication of this ordinance. 3. Said permittee $hall properly protect all excavation made both day and night, so as to -avoid all damage or injury to person or property, and to £ily andctalap-:safile tothioid• settling. J+. 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 the first day of August, 1962. 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 expenses arising out of or occasioned 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 010,000, 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 said improvement or arising out of the same. Yeas Councilmen Nays DeCourcy Holland Loss Mortinson Peterson Rosen Mr. President (Vavoulis) AMP / — Passed by the Council Approved: Mayor Favor Against Original to City Clerk PRESENTED BY ORDINANCE COUNCIL FILE NO. ORDINANCE NO 7. Said permittee shall not proceed to grade and pave said alley unless and 11AU said permittee has fully complied with the provisions regarding insurance and indem- nification contained in the City of Saint Paul Department of Public-Horks Specifications for street and Sewer Con= struction, dated April 1, 1958, as ,amended, Section 1.44 and found on pagers 1-33 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 "permitteeli were substituted for the word "contractor" wherever the same appears in the aforesaid Section 1.41,.. Said Section 1.411• of the Specifications for Street and Sewer Construction 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 compliance with the provisions of the aforesaid Section 1.44 shall be in such form :as the Corpora- tion Counsel of the City of Saint Paul may direct,:and• the documents required by the aforesaid Section 1.444-shall, after the submission to the Corporation Counsel, be filed in the,office of the Comptroller of the City of Saint Paul. 204072 %7 0 '%- 8. Said permittee, before entering upon or doing any of the grading .or paving herein permitted and authorized, shall procure from the abutting property 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 grading, and paving 6f said .alley. 9: Said permittee 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 be an emergency ordinance rendered necessary for the ureservation of the public peace, health, and Safety. Section 11.. This ordinance shall take effect.and be in force upon its passage, approval, :and publication. 'GOT 171W Yeas Councilmen Nays Passed by the ouncii DeCourcy jiumamt- Loss In Favor Mortinson Peterson 7 A gainst Rosen OCT 17 IBM Mr. President (Vavoulis)C F Approve : Attest ity Clerk Mayor 1 1M 5 -60 qms PUBLISHED 0 - � _ 1 L / DupHeate to IlAnter ORDINANCE 204072 COUNCIL FILE NO. PRESENTED BY ORDINANCE NO. An ordinance granting permission to Harold J. Westin Construction Comparq to grade and pave with concrete the alley in Block 26, Rice and Irvine's Addition. 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 Harold J. Westin Construction Company to grade and pave with concrete the alley in Block 26, Rice and Irvine's Addition, Section 2. The Commissioner of Public Works is hereby authorized to issue a permit to Harold J. Westin Construction Company to grade and pave with concrete the above mentioned alley, subject to his compliance with the following conditions, viz: 1. Sdid permittee shall grade and pave with concrete said alley entirely at its own expense, under the supervision and to the satisfaction of the Commissioner of Public Works, and in accordence with plans and specifications approved by the Department of Public Vorks. 2. Said permittee shall pay the cost of engineering and inspection of said vork and shall pay the cost of publication of this ordinance. 3. Said permittee shall properly protect all excavations made both day and night, so at to avoid all dsme.ge or injury to person or property, and to fill andotAmp- sa!6 tot iftd• settling. 4. 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 Commissi.nner of Public Works on or before the first day of August, 1962. 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 expenses arising out of or occasioned by the performance of the work contemplated by this permission and authority. 6. Said permittee shall furni.h a bond to the City of Saint Paul in the sum of "1000001, conditioned to comply with all the terms of this orellnence and to inee-enify 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 said improvement or arising out of the saaime. Yeas Councilmen Nays DeCourcy Holland Loss Mortinson Peterson Rosen Mr. President (Vavoulis) Attest: City Clerk iM 6-60 s Passed by the Council Approved: Mayor Tn Favor Against Daplleate to Printer PRESENTED BY , -ORDINANCE COUNCIL FILE NO 2,04072 ORDINANCE NO. / �� 7. Said permittee shall not proceed to grade and pave said alley unless and Li<i= said permittee has fully, complied with the provisions regarding: insurance and indem- nification contained in the City of Saint Paul Dept- rtment of Public Vorks Specifications for Street and Sewer Con- struction, dated April 1, 1959, as amended, Section 1.14 and found on pages 1 -13 through 1 -17 of said Specifications applicable to contractors. Yor the purposes of this ordinance, the aforesaid section of said Specifications numbered 1.44 shall be read as thouCh 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 k1treet and Sewer Construction 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 compliance with the provisions of the aforesaid Section 1.44 shall be in such form as the Corpora- tion Counsel of the City of Saint Paul may direct, and the documents required by the aforesaid. Section 1.44 shall, after the submission to the Corporation Counsel, be filed in the office of the Comptroller of the City of Saint Paul, 8. Said permittee, before entering upon or doing any of the grading or paving herein permitted and authorized, shall procure from the abutting property owners such easements in and to the abutting property as may be necessary for slopes, Guts 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 grading and paving 62 said alley. 9. Said permittee shall, within 30 days after the passage of this ordinonce, file a written acceptance thereof with the City Clerk. 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 DeCourey Loss Mortinson • Peterson Rosen Mr. President (Vavoulis) Attest: City Clerk iM 6 -so s Passed by th ouncit0 CT 17 ice' Tn Favor 0 Against Approved: ��;T 710%)' Mayor St. Paul, Minnesota, Oct. 23, 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. 204072, being Ordinance No. 12072, adopted by the Council on October 17, 1961- HAROLD J. ROOM 2O11N- EADMIN 0 RATION IBLD6O HOLMAN AIRPORT SAINT PAUL 7, MINNESOTA CA. 2 -0759 ORIGINAL CITY OF SAINT PAUL TO PAYOR _ m- _ OFFICE OF THE COMPTROLLER RECEIPT N4 1244 RECEIVED F 100 JtFOR 4w-1 I CITY COMPTROLLER I $00 au ^ BY Laid over to 3rd and a / d pp� b Ac � 113f 13 as Nays Yeas Nays O �eCourcy � DeCourcy �olland e}}and- �.oss Loss ortinson N..-Nmortinson ��eterson (� V \�osen \ Rosen 1V1r. President Vavoulis President Vavoulis OffiNO-8 2040"2