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204601i i f �l Origina ;, to City Clerk r PRESENTED BY ORDIN Council File No. 204601— Ordinance No. 12096 —By Milton Rosen — An ordinance granting permission to Phalen Center, Inc., to construct a public sewer in Geranium Street from the sewer in Barclay Street to a point approximately 340 feet east of the east line of Barclay Street, to serve Lots 11 through 20, Block 4, and Lots 1 through 10: Block 5, Maryland Heights. This is an emergency ordi- ^• v-ndered necessary for the pres- tm 5- peace, health, O. 04bOl O. f c'v r) An ordinance granting permission to Phalen Center, Inc.,, to construct a public sewer in Geranium Street from the sewer in Barclay Street to a point - approximately 3,440 feet east of the east line.of Barclay Street, to serve Lots 11 through 20, Block J+,-,and-Lots 1 through 10.. Block 5, Maryland Heights. 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 Phalen Center, Inc., to construct a public sewer in Geranium Street from the sewer in Barclay Street to a point approximately 340 feet east of the east line of Barclay Street, to serve the following described property: Lots 11 through 20, Block 4, and Lots 1 through 10, Block 5, Maryland Heights. Section 2. The Commissioner of Public Works is hereby authorized o issue a permit to Phalen Center, Inc., for the construction of said sewer, pon its compliance with the following conditions, viz: 1. Said permittee shall construct said sewer entirely ;at its own expense, under the supervision .and to the satis- faction of the Commissioner of Public Vorks, and in accordance with the plans and specifications prepared by said permittee. 2. Said -permittee shall pay the cost of engineering-and inspection of sa3 a work, and for the publication of this ordinance. 3. The said permittee shall properly protectaall exca- vations made in the streets both day and night so as to -avoid all damage or injury to persons or property; shall properly fill and tamp said streets to avoid settling and shall resurface, in accordance with the plans and specifications of the Department of Public Works, any portions of Geranium and Barclay Streets that:are disturbed during the construction of the sewer. li. Said permittee, after the inception of said work, shall prosecute same continuously with diligence, and fully complete said work to the satisfaction•andapproval of said Commissioner on or before September 1, 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, judg {ments, suits, or,expenses arising out of ! or occasioned by the performance -'of the -work contemplated by this .permimion and authority. Yeas; Councilmen Nays DeCourcy Holland d Loss 1, Mortinson Peterson Rosen Mr. President (Vavoulis) City Clerk 1M 5 -601, qGO.8 Passed by the Council Approved: Mayor Favor Against i� a! original to city clerk PRESENTED BY 0 ORDINANCE COUNCIL FILE NO. 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 !t. This ordinance shall take effect-and be in force from :and after its passage, approval, and publication. Yeas` Councilmen 6 DeCourcy Holland ,# Loss i� Peterson Rosen Mr. President (Vavoulis) im 204601 NOV 1610 Nays Passed by the ouncil In Favor CD Against Approved NOV 16 • Mayor PUBMqffw-T)- V-6 �'� 0 q� 6. Said permittee shall furnish a bond to the City of Saint Paul in the sum of Ten Thousand Dollars ($10,000.00) 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 improvement or arising out of 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, as amended, Section numbered 1.4 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.,1;/+ shall be read as though the word "permittee" were substituted for the word. "contractor" wherever the same appears f— Jn-the oresaid ec ion 1. Said Section 1.44 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 pro- visions of the aforesaid Section numbered 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 1.44 shall, after submission to the Corporation Counsel, be filed in the office of the Comptroller of the GY;ty of Saint Paul. S.Said permittee, prior to the commencement of the subject sewer construction work hereunder, shall by good and sufficient deed of conveyance, cause to be conveyed unto said City of Saint Paul a perpetual easement for public sewer construction, maintenance, and operation purposes, in that-certain tract or parcel of land described as follows: Commencing at a point on the south line of Geranium Street coincident with the intersec- tion of the same with the east line of Barclay Street, thence easterly along said south line of Geranium Street 350 feet to a point, thence. north on a line drawn at right angles to said south line of Geranium Street a distance of 10 feet to a point, thence westerly upon a line parallel to said south line of Geranium Street to the east line of said Barclay Street to a point, thence south along said east line of Barclay Street to point of beginning, situate in the C4-t3 of Saint Paul, County of Ramsey, State'of Minnesota; such deed of conveyance shall be subject to approval as to form, execution, and sufficiency by the Corporation Counsel. Duplleate to Printer • 1 , . ORDINANCE COUNCIL FILE NO. PRESENTED BY ORDINANCE NO. 20,4601 An ordinanee granting permission to Phalen Center, Inc., to construct a public sewer in Geranium Street from the sewer in Barclay 'Street to a point approximately 340 feet east of the east line of Barclay Street, to serve Lots 11 through 20., Block 4, and Lots 1 through 10, Block 5, Paryland Heights. This is an emergency ordinance rendered necessary for tl�e preservation of the public peace, health, and safety. THE COUNCIL OF THE CITY 0?' SAINT PAUL DOES ORDAIN: Section 1. That permission and authority are hereby granted to Phalen Center, Inc., to construct a public sewer in Geranium Street from the sewer in Barclay Street to a point approximately 340 feet east of the east line of Barclay Street, to serve the following described property: Lots 11 through 20, Block 4, and Lots 1 through 10, Block 5, Maryland Heights. ,. Section 2. The Commissioner of Public Works is hereby authorized to issue a permit to Phalen Center, Inc., for the construction of said sewer, upon its compliance with the following conditions, viz: 1. Said permittee shall construct said sewer entirely at its o,,n expense, under the supervision Fnd to the satis- faction of the Commissioner of Public Forks, and in accordance with the plans and specifications prepared by said permittee. 2. Said permittee shall. pay the cost of engineering and inspection of said work, and for the publication of this ordinance. 3, The said permittee shall properly protect all exca- vations made in the streets both day and night so ns to avoid all damage or injury to persons or property; shall properly fill and tamp ssid streets to avoid settling and shall resurface, in accordance with the plans and specifications of the Department of Public ?.orks, any portions of Geranium and Barclay Streets that are disturbed during the construction of the sewer. 4. Said permitteeo after the inception of said work, shall prosecute same continuously vlth diligence, and fully complete said work to the satisfaction and approval of said Commissioner on or before September 1, 1962. 5. Said pernittee expressly agrees and undertakes to fully indemnify and hold harmless the Ctty of Saint Paul, its agents, officers, and employees from any and all d�unages, claims, losses, judgments, suits, or expenses arising out of i- or occasioned by the performance of the work contemplated by this permision and authority. Yeas Councilmen Nays DeCourcy Holland Loss Mortinson Peterson Rosen Mr. President (Vavoulis) Attest: City Clerk IM s.so s i I Passed by the Council Approved: Mayor Favor Against Va J4, ty5,x1ffe - -r - `gyp: - .� o'. ,_ e t'. `� 4. �.�, ;:• • - '��'. fa, - - •,1:i' �'r � ! - '.' , a��f . fi :$ . S aid'_ parmi ttes siielT aurni eh , a. bond" to _ -the Mtytof Saint haul in the ' $um of 'T.eia - Thousand Dollars, . ( 00�• coriiii bone'- to co pip ; thy' terms" of this ordinance and to ; index nif =end' a2�ve har�les ._said °from a11--liabiiltn loses judgments;." suits, zost , - �,- charges; and expense tk�at' may, accrue;. peraans; -rsr' �eopert�y ~ t _ ..A �'• ' _ _, occasioriei�,by the �paking o£-the`irmProve-m60 � °or_ ariging' oust - Said" aha1. not;`proeeed; to. construct,: sej d` newer' unless'_ and• until' sold .pe=ittee Shall:hav$ �� r :fuliy;cvnplieawth te prov3aios rega«ing _ h i sur, pe r i,�� -�• '`Y' 4`, 'and ipdemnificatign contained: in the;City of'.Sai.nt Paul Ilepartment of. Publfic `Turks 81pecificgtions for Street ° { Sewer. �oristructiar► dated - Agril •.I- -1959, as pbendedj A: _ Section numtiexe.d 1.1�1� -,and' found;' on pa#zes'.;1= 13through '. 1 =17. of said gecificat oris apps icabl ®-,to contraetore. - :' For, the' �u�oaes of this �ordlian�ce, the aforesaid'. Section of ~pfd' Specifieati.on niambere, &l.'44-shall-be ' ;� - -'read 'ae thqug the wor$- npermitteea ,were k substituted for the Word "contra ctarp _wherever the sait e' appe+3rs "" in rthe_-eforeaaid Section 1.4.4. .Said $eotion 5...4/ of 11" the'Bpecificatian$ for Street' and Sewer Construct. 011 ': _ iri -the City..of Sant ' gaul- is'. ' 6 ripby incorporated- herein ti ` - ' . by; ref ®xerice ;as fLt7ly -snd as ''completslp •s ' If het: �ortti hersin`vorbat3m: Proof of compii:azice vith he gro- visions' o the, aforenai d. 'Section numbered 3.1, ..:eheal- be f• �; in •:au.,ch form as the, t.orporation- C'o msel -of .the City • cj'f Saint Paul- -may direct_ and the documents required .bye' d`r aforesaid: 'Section 1.". Shpll,. after submtssion to -th_e a' CorPoratien' Counsel; be filed' iri Ah' O" office of the G6m ty $rol7er'of thQ. Q of';S int Paul;, .. u.vaid,permitee, `priorr'to•. the commencement, of- ;> ' the Bub j ect • setireir: construction _xork hereunder; shat]. by. food_ �.iid _auff3 aient•deedfof conveyance, puse'_to be conveyed unto said Citsy `Q 3aintyPaul. a- perpO' Ua7: ' ; .,; ea.eQment for public .�SeWer' cohstructionj, ` Mq Intenance,'' i' "'' and' opei•atioii .ptiicpoaee in that• certain' trsat.'or ;` paroel� of 'land described• a .followas 4 ;_= _'k.• .. Commencing, at ,a. point':on' the south line of Geranium `Street coincident xiWthe intersec- f ::tion" of -the- pane; x3 h the es,at line of B&xclep t. c Streets thence eadterly "hl:ong• , s4id : 8outh afii.e s. 't _ .r';.• of .nium _street 3 0 feeta:to" A poiat� thence Gera �_•f ' ; _ - , t - r'• ` north . on a -Line .dram ' at right ,angles • to 'raid so'uth lime o f Gdianium meet tdis tari'06 of 10 fegt,'to a point, •thence a ,resterly, peon. aline. v` " r '•. y - f P'?'alleT , to said; , sou_ th time, of Geranium ' `..treeet- ;. • to the'' east line of skid Barclay Street to a- pdirit; thence .soutr�,.19x, said, east lizie' of• : `s '. •_ ix'!, . °y = �are1 ay Street' to po #$t 'of beginning,' 3n- tht'• C+ity} of sai nt pa_lll ' Coun'ty„o% �teinssy, _State, ofiiTitlflSOtFi� + 'Say - a - - • _ ! - - - ♦, .t;- y _� - -' • ' ... . , ..i •„r` _ t ._ • - 1 \ 'T .S116: deed of. cod'veyauce sY�a7.1:: be : subject to 'IIppx�ovel� ae,�:to: fDrffis e�tecution, "'and -,,sufficiency -by the Corporation- y, _ rye„ }• , : >. .. • �•l ,< '.4 .��, _ , � '- - �` _4`, '.1, 'v., .. t•'`. .. - .. - . }.. . .. - elf; - - .- - . Duplicate to Printer ORDINANCE l COUNCIL FILE NO 4601 PRESENTED BY ORDINANCE NO.-0 { i I i L i I 3- i Yeas Attest: Section 3. This ordinance is hereby declared to be an emergency ordinance rendered necesvary for the preservation of the public peace, health, and safety. Section /+. This ordinance shall take effect and be in force from and after its passage, approval., grid publication. Councilmen DeCourey Holland Loss '-M4P = Peterson Rosen Mr. President (Vavoulis) City Clerk ire 6-60 - cqjW8 Nays Passed by the until NOV 16 19ff In Favor Against Approved: �aV ' 6 i�fjl Mayor i I li �1 t f f 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. 204,601, being Ordinance No. 12096, adopted by the Council on November 18, 1961. - r _ 11; " 'a TEL. REINH I (�Peaetahg :A. 2 -0591 i COMMERCE BUILDING ST. PAUL 1. MINNESOTA Agnes H. O'Connell City Clerk City Hall St. Paul 1, Minnesota Dear Madam: • COMMERCIAL AND INDUSTRIAL DEVELOPMENT, LEASING. SALES • PROPERTY MANAGEMENT AND INSURANCE November 27, 1961 Enclosed is our check in the amount of $22.50 and the letter accepting the terms of Ordinance No. 12096, Council File No. 204601. Another term of the ordinance requires the filing of a bond. Immediately upon receipt of the information from your office, we applied to our insurance company for the necessary bond. As yet we have not received it from them, but as soon as we do we will file it with your office, JAH /er Yours very truly, ZCENTER, INC. John A. Holmboe "A GOOD DEAL DEPENDS ON THE DEALER" r }}i ORIGINAL i CITY OF SAINT PAUL TO PAYOR OFFICE OF THE COMPTROLLER " No 1247 j RECEIPT RECEIVED OF �- $ 100 FOR �• �/O ar�d r CITY COMPTROLLER 1 goo @I BY iy pugpo� Tn sgnOABA ;uaptsaad -JN uasog uasog uosia ;ad _ ,uosu aTr (% uosui;iow ssoZ ssoj PuglloH PUUIIoH Sainooa(I Sainooaa sSBH seaa sesH sea)L / a;dopV d dds pus pis oI JOAO pIBZ g ~ uz si