195315Original to City Clerk Council File No. 195315— Ordinance No.
11601 —By Adrian P. Winkel-
_ An ordinance granting permission
O R D to Leo A. Ruppert to construct a public
t sewer from the north side of Wheelock rl .
'Parkway to the south side of Wheelock
Parkway at a point that is a proxi- FILE NO _
` n
mate ly 140 feet east of the east prop-
erty me line of Park Street. This is an
PRESENTED BY emergency ordinance rendered public / (7
emergency for the preservation of the public IANCE NO.
peace, health and safety.
An ordinance granting permission to Leo A. Huppert to construct a
public sewer from the north side of Wheelock Parkway to the south side of
Wheelock Parkway at a point that is approximately 140 feet east of the east
property line of Park Street. This is an emergency ordinance rendered neces-
sary for the reservation 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 Leo A. Huppert to
construct a public sewer in Wheelock Parkway to serve the following described
property:
Lots 4, 51 6, 71 8 and 9 of Block 6, Merrill•s Division of Rice Street
Villas.
SECTION 2 ;
The Commissioner of Public Works is hereby authorized to issue a permit
to said Leo A. Huppert for the construction of said sewer, upon his compliance
with the following conditions, viz: -
1. Said permittee shall construct said sewer entirely
at'its own expense, under the supervision and to the satisfac-
tion of the Commissioner of Public Works, and in accordance
with-the plans and specifications prepared by him. ,t , ;
Yeas Councilmen Nays
DeCourcy
Holland
Mortinson
Peterson
Rosen
Winkel
Mr. President (Dillon)
Attest:
City Clerk
1M 5 -69 .40�,.s
Passed by the Council
Tn Favor
Aroainst
2. Said permittee shall pay the cost of engineering and
inspection of said work, and for the publication of this
ordinance.
A
3. The.said permittee shall properly protect all exca-
vations made in the streets both day and night so as to avoid
Wo
W
all damage or injury to person or property; shall properly fill
and tamp said streets to avoid settleing, and shall restore said
p
streets to their original condition.
0
l+. Said permittee, after the inception of said work,
U
shall prosecute same continuously with diligence, and fully
complete said - wwork to the satisfaction and approval of said
a
Commissioner on or before June 1, 1960.
CL
5. Said permittee expressly agrees and undertakes
fu]ly indemnify and hold harmless the City of Saint Paul,":
its agents, officers, and employees from any and all dame es '
claims, losses, judgments, suits, or expenses arising out ofd,
or occasioned by the performance of the work contemplated b`:-_
this permission and authority.
Yeas Councilmen Nays
DeCourcy
Holland
Mortinson
Peterson
Rosen
Winkel
Mr. President (Dillon)
Attest:
City Clerk
1M 5 -69 .40�,.s
Passed by the Council
Tn Favor
Aroainst
1 I
Original to City Clerk.
ORDINANCE
Y COUNCIL FILE NO. 1.95315
PRESENTED BY T ORDINANCE NO.
-2-
6. Said permittee shall not proceed to construct said
sewer unless and until said permittee shall have fully com-
plied with the provisions regarding insurance and indemnifi-
cation contained in the Specifications for Street and Sewer
Construction in the City of Saint Paul,.said provisions being
numbered 1.4+ and found on pages 1 -13 through 1 -17 of said
Specifications, copies of which Specifications are on file in
the Department of Public Works and are incorporated into the
terms of this ordinance by reference as if the same had been
fully set out and recited herein. Said proof of compliance
with the aforementioned provisions shall be in such form as t
the Corporation Counsel of-the City of Saint Paul may direct
and said evidence of compliance shall be filed with the
City Clerk of the City of Saint Paul together with a copy
of this ordinance.
7. Said permittee shall furnish a bond to the City of
Saint Paul in the sum of Ten Thousand.Dollars ($10,000)
conditioned to comply wit4 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.
8.. The.said permittee shall, within ten days after
the pagsage of this ordinance, file a written acceptance
thereof with the City Clerk.
9. That said permittee shall immediately file with
the City an instrument granting to said City an easement
with respect to the areas hereinbefore described, said
instrument to be in form satisfactory to the Corporation
Counsel of the City of Saint Paul. I ,
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 from and after
its passage,-approval, and publication.
Yeas Councilmen Nays
DeCourcy
Holland
Mortinson
r
Rosen
Winkel
Mr. President (Dillon) .
Att
City Clerk'
8-69 S
Passed by the Council
�5 Tn Favor
Q Against
JAN 2 9 1960
Mayor
February 8, 1960
Saint Paul, Minnesota
Zb the Honorable, the City Council
Saint Paul, Minnesota
Gentlemen & Mrs. DeCourcy:
I, the undersigned, do hereby accept and agree to abide by all
the terms and conditions of Council File No. 195315, being
Ordinance No. 11661, adopted by the Council on January 29, 1960.
. , ;
ilia
ORIGINAL
TO PAYOR
RECEIVED
/,.
Soo 668
CITY OF SAINT PAUL
OFFICE OF THE COMPTROLLER
RECEIPT
N4 1158
CITY COMPTROLLENarm
y �a
19—
100
c� • is 1 2n
Laid over to
3rd and app 1c) Adopted t Y�
Yeas Nays Yeas Nays
DeCourcy DeCourcy
Holland Holland
Mortinson Mortinson
�e-� �cLCaC
Rosen Rosen
-{ 01 Winkel
f m ;, • '1VIr. President.D _"
Mr. Vice Pies�4:,t�c 11'e
�iQib� s
Winkel
Mr. President Dillon