Loading...
196828Original to City Clerk • 4buncil File No. 196828 — Ordinance Noll � ri C O R D I 1�' A ' 11733 —By Adrian P. Winkel— 1Vl ` An ordinance granting permission to Frederick Hoeizel and Margaret Hoelzel and to Andrew Berg, Jr. and Lorraine PRESENTED BY ORDINANCE NO. An ordinance granting permission to Frederick Hoelzel and Margaret Hoelzel and to Andrew Berg, Jr. and Lorraine M. Berg to construct a public sewer in Hazelwood Avenue from the existing public sewer in Clear Avenue at the intersection of Hazelwood Avenue and Clear Avenue to a point,.205 feet Morth of the north line of Clear 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 Frederick Hoelzel and Margaret Hoelzel -and to Andrew Berg, Jr. and _Lorraine M. Berg to construct a public sewer in Hazelwood Avenue from the existing public sewer in Clear Avenue at the intersection of Hazelwood Avenue and Clear Avenue to a point 205 feet north of the north line of Clear Avenue. Section 2. The Commissioner of Public Works is hereby author- ized to issue a permit to Frederick Hoelzel and Margaret Hoelzel and to Andrew -Berg, Jr. and Lorraine M. Berg for the construction of said sewer, upon their compliance with the following conditions, viz: 5. Said permittees expressly agree and undertake 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. Yeas Councilmen Nays DeCourcy Holland Mortinson Peterson Rosen Winkel Mr. President (Dillon) Attgyst City Clerk 1M 8 -69 8 Passed by the Council Approved: Mayor Favor A gainst 1. Said permittees shall construct said sewer entirely at their own expense, under the supervision ` and to the satisfaction of the Commissioner of Public Works, and in accordance with plans and qpecifications prepared by him. t 2. Said permittees shall pay the cost of engineer- ing and inspection: of said work, and the cost of publica- '' w tion of this ordinance. N z ' -- - - 0 3. Said permittees shall properly protect all ex- a cavations made in the subject public streets, both day to damage injury to uand night, so as avoid all or persons or property; shall properly fill and tamp said streets to avoid settling, and shall restore said streets to their original condition. 4. Said permittees, after the inception of said work, C. shall prosecute same continuously, with diligence, and fully complete said work to the satisfaction and approval of said Commissioner on or before September 159 1960. 5. Said permittees expressly agree and undertake 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. Yeas Councilmen Nays DeCourcy Holland Mortinson Peterson Rosen Winkel Mr. President (Dillon) Attgyst City Clerk 1M 8 -69 8 Passed by the Council Approved: Mayor Favor A gainst Original to City Clerk PRESENTED BY .ORDINANCE COUNCIL FILE NO. ORDINANCE NO. 1,96828 6. Said permittees shall not proceed to construct said sewer u nless and until said permittees shall have fully complied with the provisions regarding insurance and indemnification contained in the City of Saint Paul Depart- ment of Public Works Specifications for Street and Sewer Construction dated April 1, 19599 Section 1.44 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 1.44 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 Specifi- cations 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 Corporation Counsel. of the City of Saint Paul may direct,- and the documents required by the sforgsaid 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 Ten Thousand Dollars ($109000) conditione& to comply with all the terms of this ordinance and to indemnify and save harmless said City from all liability, loss, judgments, suits, costs, charges, and expense that may accrue to persons or property occasioned by the - making of the improvement or arising out of the same. 8. Said permitttees shall, within ten days after the passage of this ordinance, file a written acceptance thereof with the City Clerk. _ _ Section 3. This ordinance is hereby declared to be an emergency ordinance rendered necessary for the preservation of the public peace, health and safety. Section 4. This ordinance shall take effect and be in force upon its passage, approval and publication. Yeas Councilmen DeCourcy Holland Mortinson Rosen Winkel Mr. President (Dillon) A st : City Clerk 8 -59 ` u0@D.8 MAY 1 11990 Nays Passed by the Co cif -In Favor A gainst Duplicate to Printer 4 4 r PRESENTED BY ORDINANCE COUNCIL FILE NO. ORDINANCE NO. ----,4� 3 An ordlnemoegr&nting permisision to Predorick Hoelzel and Margaret Hoelzeland'to Andrew Berg, Or. and Lorraine M. Berg to oonotruct, a public newer in Hazelwood Avenue from the e,%Isting public sewer In Clear Avenue at the intereedtion of Hazelwood Avenue and Clear Avenue to a ioint 205 feet .north of the north line of Clear Avenue, This * att emergency 9rdinmee rendered necessary for the preservstlon of the publio peace# health and oaf aty, N THE COUNCIL OV THE C= OF SAUT PAUL DOES OHDAINt Seatton to That permission and autbortty-oo hereby granted to. Frederick Hoelgei and Kargsret Hoe", .,el and to Andrew Borg Jr. and Lorra$ne M* Berg to construct a public sewer in HazolwoM Av;nuo from the oxiistitg public sewer in Clean Avenue at the Intersection of Hazelwood Avenue and Clear Avenue to ,a point. 205 foot north of the north line of Clear Avenue, 'Section 2. The Commissioner of Public Works is hersby author. tzed to issue a permit to Frederick Hoelzel and Margaret Hoelzal and to,'Andrev Derg, Jr* and Lw-raino M. Berg for the construction of said sewer, upon their oomph iawe with the following Conditions, vizo 1, Said ptmittees shall construct said sewer entirely at. their om 6xpe.ase, undor the pupervision and to the satlefaction of the Commissioner of Public Works, and in accordance with plans and spealfications tprepared, by him,. 2. Said p�rmttteas shall p6y the cost of engineer. iing and aotion of said work, and the cost of publica- tion of -rig ordAnanc6, Said pemittees 11 shall properly protect all ex,- cavations made in the subject publie street*# both day and night, $9 as, to avoid all, damage or. injury to persons or property shall properly fill and twV said streets to avoid settling, and shall restore said streets tee their origlUal candition. 4* Said perr4ttees# after thO Inception of said wor4p shall prosecute sate ,continuouxlys with diliganoet and fully ooMplete Said work to the satisfaction and Pmpraval of aid Commissioner on or before September 15# 19W. O$Laly agree aMd undort Said permtttass axpr ake to fully IndeimAty and hold harmless, the City of Saint PaUlt, its agento officers, and employ6es from any and oil damages, elalms#loosex, Judgments, suits or eVensas arising Out of or occasioned by the performailco of the work contemplated by this permioston and authority. Yeas Councilmen Nays DeCourcy Holland Mortinson Peterson Rosen Winkel Mr. President (Dillon) Attest: City Clerk im 8-59 8 Passed by the Council Approved: Mayor Tn Favor Against Duplicate to Printer PRESENTED BY ORDI A NCE COUNCIL FILE NO. ORDINANCE NO. Jo828 6* Said p6rmittees shall not proceed to cftotrUot 'said newer U nledo and Until. said permittbes slual, have fuur comp'. sloU regarding insurance and llecl,wlth the ptovt fade fl contained in the City of Saint Paul Depart- ment of Publio Works Speoifiostibno ror Street and $eWtr Construotion,dated April 10-1959 action 1, 44 and fmmd on pages 1-3-3 'through- 1-17-'of sAid 4"60 Ifto at ions applicable to contractors., For the purposes of thio-ordinance,,, the aforesaid 080.tion:of isaid. Speoittoations wAmberod 1.44 shall be read as thpugh the word "Permittes" were substituted for the word "oo in the -Atractor" wherever the amo AppoisrO trorewd Section 1.44. Said Section 1.44 of the Sp6oift-_ oationo for conitruotioil'in the City of Saint VAUI to horeby Incorporated herein by referanos as ftily and an completely as U set forth heroin verbatim. Proof of com I he provislous of the aforesaid Section I p1tance W,th t -.44 shall be In sUoh Sorm as the Corporation Counsel of the City of Saint PAul y direct - and the documents required by the efdromaid.$ection L44 s)ual- aftar 'submission to tho Corporation COunoa * be filed In the office of the Comp- - City` trollerof the of Saint Paul, Said permittese shall, furnish a bond, to the City of Saint Paul An the sum of" Ton Thousand D ll.ars ($10#000) oftditionea to .comply wilft all the terms, o this, ordinance ' and to "ndeftUlf r and. SaVe, harmless said C tt fr om" o M * 811 liability V loos. Judgments o4to# costol, = gen, and expense that wq accrue to persons or property occasioned 1W the making of the improvement or arising out of the same.. 00, 9ai4 pormitttees pheill within ten days after the passage of thU ordinawei, Me a vr�itton acceptance thereof with the Otty-Clerk, -SeotiOn 3. Thia ordinswo in hereby doolared to be an tmergenoy ordin-0--a- randered necessary for the preservation of the public pesos#, health and aafety, Section-4. This ordinanoo oball take effect and be In force upon to L, P&$W0ji approval and publloation, Yeas Councilmen Nays DeCourcy Holland Mortinson Rosen Winkel Mr. President (Dillon) Attest: City Clerk im 8-59 Ozyo.8 MAY 111%9 Passed by the ncil Tn Favor Against Approved: MAY 11112-591 Mayor - St. Paul, Minnesota `. March 1, 1960 " To the Honorable,- "The Council, City of Ste Paul, Minn. Gentlemen: The undersigned;;'Ffederick Hoelzel, is one of the petitioners in the .attached petition for a public improvement consisting of a sanitary the extended center line,_of -Lot 4, Block 2, Rogers and Hendricks Acre Lots'Number -2, sewer on Hazelwood Avenue from Clear Avenue to and submits this petition in support of the attached petition. It is the request of petitioners that the City Council adopt an emergency ordinance_granting permission and authority to Frederick and ` Margaret Hoelzel (as owners of. Lot S. Block 2, Rogers and Hendricks Acre Lots Number 2) and to,Andrew Berg, Jr., and Lorraine Me Berg (as the owners of,the Bast 125 feet of Lot_4. Block 2, Rogers and Hendricks Acre Lots Number 2) to construct a public sewer in Hazelwood Avenue from Clear Avenue- to Cottage Avenue, upon compliance with the following conditions: (1) That the permittees shall construct said sewer eniirely'at their own expense, under the supervision and to the satisfaction of the Commissioner of Public Works,•and : iri- accordance with plans and "specifications to_be prepared -by him.. (2) The permittees shall pay,the cost of engineering, and inspection of said work, and for publication of the _ aforesaid ordinance.. _(3) The permittees,shall properly protect all excava -i tions wade in the streets and shall carry out all phases of "the work in strict" accordance with the requirements of the- Commissioner of Public Works,-and shall prosecute _ said work with diligence and complete it at such time as may be'required"by the said - Commissioner¢ (4) Mie- perniittees agree to comply with all require- menta of the City of St.,Paul as to insurance and in- demnifica"tion`and`to;furnish a completion and indemnity bond, as _mayi be ;requited -by _the City;,of St. Paul The petitioners,acknowledge`that there are bther.privately owned properties now fronting on.Hazelwood'Avenue, between Clear Avenue- and Cottage'- Avenue', the owners of which are not joining in this petition for permission and authority to construct a public sewer, and that the petitioners I are _ agreeing to assume_ all costs of such construction: The petitioners,re"' spectfully request the Honorable Council of the City of St. Paul to in- i elude in'the aforesaid emeigeney'ordinance permitting and authorizing 'con- ` 4' struction of the sewer as aforesaid an additionai 'provision that " if any -of the other owners of private property fronting upon Hazelwood Avenue be- tween Clear Avenue and Cottage Avenue shall, after the completion of the' aforesaid sewer,' make application to the City of-St. Paul' for permission to-connect thereto and,as a condition of•the,granting of.such permission are assessed or. 'otherwise required to payrto the City;of St. Paul any por -.- 'tion of the cost of constructing said sewer, the present petitioners may thereupon be reimbursed out of -the proceed§ of such assessment or payment such prorate portion of the,'cost:of- construction'of, said -dewer as the -Council-of the City of St. Paul -may then determine to be,fair and equitable,_ and as may then be permitted or, authorized by law* r- d , ' -Respectfully submitted, ' Frederick W, Hoelzel r Saint Paul, Minnesota May 17, 1960 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. 196828, being Ordinance No. 11733, adopted by the Council on May 11, 1960. 0 Frederick Hoelzel- 'Maijaret Hoelzel n Saint Paul, Minnesota May 17, 1960 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. 196828, being Ordinance No. 11733, adopted by the Council on May 11, 1960. I ORIGINAL -• CITY OF SAINT PAUL TO PAYOR _ OFFICE OF THE COMPTROLLER .. � N4 - -'1173 RECEIPT RECEIVED OF $ 100 $00 a-U coglpo 408 CITY COMPTROLLER BY is 2n 1 / Laid over to 3rd and app dopted -�� Yeas Nays Yeas Nays DeCourcy DeCourcy Holland Holland Mortinson Mortinson ,P on: D pAu °^. Rosen ( / Rosen Winkel Winkel Mr. President Dillon Mr. President Dillon ��� s