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196946Original to City Clerk PRESENTED BY n B ORDIN Council File No. 196946 — Ordinance No.' 11737 py_ Adrian P. Winkel— ' An ordnance granting permission to The Guai-di'an Company,*;pc. and the Berland Construction mpany to rough grade Dellridge Avenue from McKnight Road to Kipling Street Kipling Street from Dellridge Avenue to Upper Afton Road; a} ' -n!" iu a3eirts + ^?nd- t�eslNAN' NO'" ZZ An ordinance granting permission to The Guardian Company, Inc. and the Berland Construction Company to rough grade Dellridge Avenue from'McKn.ight Road to Kipling Street; Kipling Street from Dellridge Avenue to Upper Afton Road; and to construct, maintain and operate a public sanitary sewer in Dellridge Avenue from McKnight Road to Kipling Street; in Kipling Street from Dellridge Avenue to Upper Afton Road, and in Upper Afton Road from Kipling Street to McKnight Road. This is an emergency ordira nce rendered necessarylbr 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 The Guardian Company, Inc. and Berland Construction Company to rough grade Dellridge Avenue from McKnight goad to Kipling Street; Kipling Street from Dellridge Avenue to Upper After Road; and to construct, maintain and operate a public sanitary sewer in Dellridge Avenue from McKnight Road to Kipling Street; in Kipling Street from Dellridge Avenue to Upper Afton Road and in Upper Afton Road from Kipling Street to McKnight Road. Section 2. The Commissioner of Public Works is hereby authorized to issue .a permit to The Guardian Company, Inc. and Berland Construction Company to rough grade the above mentioned streets and to construct said public sanitary sewer, upon their compliance with the following conditions, viz: 1. Said permittees shall rough grade said streets and construct, maintain and operate said public sanitary sewer entirely at their own expense, under the super- vision and to the satisfaction of the Commissioner of Public Works, and in accordance with plans and specifi- cations prepared by him. W 2. Said permittees shall pay the cost of engineer- 0 7- ing and inspection of said work, and shall pay the cost 0 of publication of this ordinance. 0 0 3. Said permittees shall properly protect all exca- vations made in any subject public street, both day and night, so as to avoid all damage or injury to person or property, and shall properly fill and tamp any subject street to avoid settling. 4. Said permitttees, after the inception of said work shall prosecute same continuously, with diligence, and fully'complete said work to the satisfaction and approval of Commissioner of Public Works on or before y �l Yeas Councilmen Nays DeCourcy Holland Mortinson Peterson Rosen Winkel Mr. President (Dillon) Attist : t City Clerk 1M 8 -69 ' 8 Passed by the Council Approved: Mayor In Favor Against Oriptin.l to City Clerk PRESENTED BY - ORDINANCE 19", 6 9 4 6 COUNCIL FILE NO ORDINANCE NO. 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 our of or occasioned by the performance of the work contemplated by this permission and authority. 6. Said permittees shall not proceed to rough grade said streets and to construct said sewer unless and until said permittXees baY.e fully complied with the provisions regarding insurance and indemnification contained in the City of Saint P ul Department of Public Works Specifications for Street and gewer Construction, dated April 1, 19599 Section 1.44 and found on pages 1 -13 through 1 -17 of seL d Specifications applicable to contractors. For the purposes of this ordinance, the aforesaid section of _said Specifi- cations 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. �-- - - ,Sad 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 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 afore- said 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 $10,000, conditioned to comply with all the terms of this ordinance and to indemnify and save harm - Ue�b ,bbid 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 or arising out of the same. 8. Before entering upon or doing any of the rough grading herein permitted and authorized, said permittees shall procure from the abutting 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 roug h grading of said streets. 9. Said permittees shall, within to days after the passage of this ordinance, file a written acceptance thereof with the City Clerk. Yeas Councilmen Nays DeCourcy Holland Mortinson Peterson Rosen Winkel Mr. President (Dillon) Attest: City Clerk 1M 8 -69 a8 Passed by the Council Approved: 1 Mayor In Favor Against Orikinal to City Clerk PRESENTED BY ORDINANCE COUNCIL FILE NO. ORDINANCE NO. =� `6 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 Holland Peterson Rosen '± Winkel Mr. President (Dillon) Attest:I City Clerk 1M 8 -6 ,8 WE Z MAY 31 Passed by the Council Tn Favor A gainst Duplicate to Printer PRESENTED BY ORDINANCE COUNCIL FILE NO. 19694 ORDINANCE NO. An ordinance granting permission to The Guardian Company, Inc. and the Berland Construction Company to rough grade Dellridge Avenue from McKnight Road to Kipling Stre ®t; Kipling Street from Dellridge Avenue to Upper Afton Road; and to construct maintain and operate a public sanitary sower in n Dellrldgi!� Avenue from McKnight goad tee Kipling Street; in Kipling Street from Dellridge Avenue to Upper Afton. Road and in Upper Afton Road from Kipling Street to Mcknight Road. This is an emergency ordi>ra nce rendered ne oessa ry %r the preservation of the publto peaco,t health anal safety. THE COUNCIL OF THE CITY OF SAINT PAUL ROBS OBDA IN I, Section 1. That permission `rind authority are hereby granted to The Guardian Company#. Inc, and Berland Construction Company to rough grades Dallridge Avenue from McKnight Road to Kipling Street; Kipping Street from Dellridge Avenue to Upper After Road; and to construct„ maintain and gperate a public sanitary sewer in Dellridge Avenue from McKnight Road to Ki ling Street; in Kipling Street from Dellridge Avenues to Upper Afton, Read and in Upper Afton Road from Kipling Street to McKnight Road. Section 2. The Commissioner of Public Works is hereby authori z'ed to issue .a permit t(> The Guardian Company, Inc. mind Berland Construction, Company to rough grade the above mentioned streets and to construct said blic sanitary sewer, upon their compliance with the following Cond.itiona,, vino 1., Said permittets shall rough grade said streets and construct r, maintain and operate staid, public swatery sewer entirely at their ovA expense„ under the super. vision and to the xatisfacti.on of the CQmmi.ssioner of Public Works, and in acoord.ance with plans end specift.. cations prepared by him. 2. Said permittees shall p� the cast of engineer -. ing and InspectionInspection of said. work,, and shall pay the cost of publiaetioa of this ordinance. }. Said permitteses shall, properly protect all exca vations made in any sub eet public stroit,. bath day and night,. so as to avoid all damages or injury to person or propertyr and shams properly fill and tamp any subject, street to avoid settling, . 4,,, Said permittgees, after 'the indept.ion of said ' work shall prosecute same continuously with diligence# and fully complete said work to the satisfaction and approval of the Commissioner of Public Works on or before 1961*" y , Yeas Councilmen Nays DeCourcy Holland Mortinson Peterson Rosen Winkel Mr. President (Dillon) Attest - . City Clerk 1M 8 -59 8 Passed by the Council Approved: Mayor Favor Against DupHcita to Printer PRESENTED BY Yeas Attest: lm 8 -59 ORDINANCE COUNCIL FILE. NO. ORDINANCE NO. 5+ Said permittees expreisoly agree and undertake to fully inde=ify and hold harmless the City Qf Saint Paul, Sts agents, of f i,cero and employees from any and all est claims*. losses judgmentss, suits,: or expenses air 10ing Our of or ocessloned by the performance of the work contemplated by this permission and authority. 96945 b. Said "permi.ttees shall not_pi0coed,, to rough grade said otreets and to construct said sewer unless and until said permitt ees baY�, fully complied with the provisions regarding b1surance and indemnification contained in the City Of Saint P ul Department of Public Works 5 ecif ication# for Street and gewer Construction$ dated April. 1, 1959o, Section 1.44 and found on pages 1.13 through 1.17 of se. d Specifications applicable to.contractorc, For the purposes of this 0rd1n4nce *. the aforesaid -section of said Speci.fI,. cations numbered 1444 shall be read as though the word "permittee" wore subotituted for the Word "contractor" wherever the same appears in the aforesaid. Section 1.44, Said Section 1.4 Of the S eeifications 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 provision.t 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 afore said 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 perMitteea shall furnish a bond to the City of Saint Paul in the suns of $10 000: conditioned to comply with all the terms of this-ordinance and to Indemnify and save harm.. 2ebi bbM City from all li a.bility,, loss., judgments!. sutts,, costa, charges and expense that may accrue to persons or property occasioned by the making of the improvements or arising out of the same o 8. Before entering upon or doing an,Y of the rough grading herein permitted. and authorised,, algid permittees shall procure from they abutting owners such.easements'i.n and to the abutting property as may be necessary for slopese cuts and fills, and shall obtain ,a written release ' from such owners, releasing and discharging the Ctty from any and all damages by reason of the rough grading of .said.atreetc, 9. Said permi,ttee.s of this ordinaneeg file City Clerk. Councilmen DeCourcy Holland Mortinson Peterson Rosen Winkel Mr. President (Dillon) 8 City Clerk Nays shall., within to days after the passage a written acceptance thereof with the Passed by the Council Approved: Mayor Favor A gainst DudHate"to Printer PRESENTED BY ORDINANCE COUNCIL FILE NO. ORDINANCE NO. d Section �,. ' hie ordinance is hereby declared to be an emergency ordl.nance rendered necessary for the ,preservation of the public peace# health and safety. Sects on 44 Thig ordinance $hall take effect and be in force upon Its passegej appr6val and publication`. Yeas Councilmen DeCourcy Holland vs — � Peterson Rosen Winkel Mr. President (Dillon) Attest: Nays Passed by t e Councz AY 31 Tn Favor Against Approved: MAY 31 125 City Clerk Mayor 1M 8 -59 8 St. Paul, Minn. June 7, 1960. To the Honorable, the City Council Saint Paul, Minnesota. Gentlemen and Mrs. DeCourcy: Ide, the undersigned, do hereby accept and agree to abide by all the terms and conditions of Council File No. 196946, being Ordinance No. 11737, adopted by the Council on May 31, 1960- THE GUARDIAN CO., INC. J By: St. Paul, Minn. June 7, 1960. To the Honorable, the City Council Saint Paul, Minnesota. Gentlemen and Mrs. DeCourcy: We, the undersigned, do hereby accept and agree to abide by all the terms and conditions of Council File No. 196946, being Ordinance No. 11737, adopted by the Council on May 31, 1960. BEMM CQNSTRVjOTION W. RE a fA / -� - I a U i-�Ar