198653Original to City Clerk
f R DIN ,� Council 814 —Bye Milton88Ro 198653—Ordinance No.
An ordinance granting permission to
Berland Construction Company to rough
grade the west 28 feet of McKnight
(((Road from Upper Afton Road to Emer-
son Avenue; Berland Place from Mc-
PRESENTED Y Knight Road to the west end of the
�r.•zL -fte ac; Cardinal Place from Mc-
'4r2d. to the west end of the
+^ onstruct a public
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198653
An ordinance granting permission -to Berland
Construction Company to rough grade the west
28 feet of McKnight Road from Upper -Afton
Road to Emerson_ Avenue;'- Berland Place from
McKnight-Road"to.the west end of the cul -de -sac;
Cardinal -Place from McKnight Road to the west
end of the cul- de- sac;_and to construct a public
sanitary sewer in McKnight Road from Upper Afton
Road to-Cardinal Place; in Berland Place from
McKnight Road to the west end of the cul -de -sac;
and in Cardinal Place from McKnight Road to the
west end of.the cul-de-sac.-, 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 l.' That permission and authority are hereby
granted to Berland Construction Company to rough grade the west
28 feet of McKnight Road from Upper Afton Road to Emerson Avenue;
Berland Place_•from McKnight Road to the west end of the cud: -de-
sac; Cardinal Place from McKnight Road to the west end of the
cul -de -sac; and to construct a public sanitary sewer in McKnight
Road from Upper Afton Road'to Cardinal Place;1in Berland Place
from McKnight;Road to the west end of the•cul -de -sac; and in
Cardinal Place from McKnight Road to the west end of the cul-
de -sac.
Section 2. The Commissioner of Public Works is hereby
authorized to issue a permit to Berland Construction Company
for the rough grading of the sections of streets above named
and for the construction of said public sanitary sewers, upon
its compliance with the following conditions, viz:
1. Said permittee shall rough grade said sections
of streets and construct said public sanitary sewers
entirely at their own expense, under the supervision and
to the satisfaction of the Commissioner of Public Works,
and in accordance with plans and specifications prepared ,
by him. 11 •
2. Said permittee shall pay the cost of engi-
neering and inspection of said work, and shall pay the
cost of publication of this ordinance.
'3'. Said permittee shall properly protect all
excavations 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.
Yeas Councilmen Nays
DeCourcy
Holland
Loss
Mortinson
Peterson
Rosen
Mr. President (Vavoulis)
Attest:
City Clerk
1M 5 -60 . 8
Passed by the Council
Approved:
Mayor
Tn Favor
A gainst
98653
// k/ #_
4. Said permittee, after the inception 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 December 1, 1960.
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 not proceed to
construct said sewersfir rough grade said sections
of streets 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, Section numbered 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 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 afore-
said 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 aforesaid
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 permittee shall furnish a bond to the
City,,.,,of Saint Paul, in the sum of $109000.00, conditioned
to comply with ailithe terms of this ordinance-and-to-
indemnify -, and- save- harmless '-said City from all liability,
loss, judgments,�suits, costs, charges, and expense
J that may accrue to'persons dr property occasioned by
the making of said improvements or arising out of the
same.
8. Before entering upon or doing any of the
rough grading herein permitted and authorized, said
permittee 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 detain a written release from such owners,
releasing and discharging the City from any and all
damages by reason of the r0il'gh grading of said
sections of streets.
2
Original to City Clerk �_ ••
r
ORDINANCE
COUNCIL FILE NO.
PRESENTED BY
ORDINANCE NO.
X98653
P
9. Said permittee expressly agrees to replace v
the surfacing at the intersection of Upper Afton
Load and McKnight Road, where sanitary sewer con-
nection permitted hereunder is made.
10. Said permittee shall, within 10 days after
the passage of this ordinance, file. a written•accept-
ance 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 s.lts passage, approval and publication.
�4
7
Yeas Councilmen Nays
DeCourcy
Holland
M� san
Peterson
Rosen
Mr. President (Vavoulis)
Attest:
i
City Clerk
133 5 -00 s
A
5, EP 9 1960
Passed by the Council
Favor
d Against
Approved: EP 9196®
Mayor
to to r.}I.t.[
_ I . J
d _
PRESENTED BY
ORDINANCE
COUNCIL FILE NO,
ORDINANCE NO.
198653
An ordinance granting permiosibn to Berland
Construction Company to rough grade the west
28 feet of McKnight Road from Upper Afton
Road to Emerson Avenue; Berland "Place from
McKnight Road to the west end of the cul -de -sac;
Cardinal Place from McKnight Road to the west
end of the cul- de -pac; and to construct a public
sanitary sewer'in"McKn.ight Road from Upper Afton
Road to Cardinal Place; in Berland Place from
McKnight Road to the west end of the cul -de -sac;
and in Cardinal Place from McKnight Road to the
west end of ,the oul-de"sac. "Thli id' an emergency
ordinance rendered, necessary for the preservation
of the public peace, health and safetyr
THE COUNCIL, OF THE CITY OF SAINT PAUL DOES ORDAIN$
Section 1, That permission and authority are hereby
granted to Berland Construction Company to rough grade the west
28 feet of McKnight Road From Upper Afton Road to Emerson Avenue;
Berland Place from McKnight Road to thq wept end of the cut—de-
sac; Cardinal Place from,McKnight Road to the nest end of the
cul -de -sac; and to construct -a public sanitary sower in McKnight
Road from Upper Afton Road to Cardinal Place; in Berland Place
from McKnight Road to the west end of the culyde -sac; and in
Cardinal Place from McKnight Road to the west end of the cul-
de -sari.
Section 2, The Commissioner of Public Works is hereby
authorized to issue a permit to Berland Construction Company
for the rough grading of the sections of streets above named
and for the construction of said public sanitary sewers, upon
its compliance with the following conditions, viz,.
1. Said permitteo shall rough grade said sections
of streets and construct said public -sanitary sewers
entirely at their own expense, under the supervision and
to. the satisfaction of the Commissioner of Public Works*
and in accordance with plans and specifications prepared
by him.
2: Said permittee shall pL4y the cost of engi-
neering and inspection of said work$ and shall pay the
cost of publication of this ordinance.
3• Said permittee shall properly protect all
excavations made in any subject public otreet,, both
day and night, so as to avoid all damage or inji.try to
person or property, and shall properly fill and tamp
any subject .street to avoid settling.
Yeas Councilmen Nays
DeCourcy
Holland
Loss
Mortinson
Peterson
Rosen
Mr. President (Vavoulis)
Attest:
City Clerk
1M 5 -60 8
Passed by the Council
Approved:
In Favor
z
Against
Mayor
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r` ORDINANCE
COUNCIL FILE NO
PRESENTED BY ORDINANCE NO.
198653
9. Said permittee expressly agrees to replace
the surfacing at the intersection, of Upper Afton
Read and McKnight Road,, where sanitary surer con -
nection permitted hereunder is made; ,
10. Said per%jttee shall $., w1thin 10 mays after
the passage of this ordinance, file a written accept
ance thereof with the City Clerk, ,
,5eeti= This ordinance io 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 Ata passage, approval and publication,
Yeas Councilmen
DeCourcy
Holland
bess-
Mortinson
Peterson
Rosen
Mr. President (Vavoulis)
Attest:
City Clerk
im a -so s
Nays
0
9
SE.P 91961
Passed by the Council /
l� Tn Favor
Against
S
Approved: EP 91960
Mayor
oil-. a
I
Saint Paul, Minnesota
September 19, 1960
To the Honorable, the City Council
Saint Paul, Minnesota
Gentlemen & Mrs. DeCourcy:
We, the undersigned, do hereby accept and agree to abide by all the
• terms and conditions of Council File No. 198653, being Ordinance
No. 1181+, adopted by the Council on September 9,1960.
BERLAN,D CONSTRUCTION COMP
BY :4
ORIGINAL .i� CITY OF SAINT PAUL ` 5
TO PAYOR OFFICE OF THE COMPTROLLER
RECEIPT N. 1184
r , 9a
RECEIVED 100
FOR (J /`/���i,?s�✓�'" --1 O`GL
SL&,r—
CITY COMPTROLLER
Sao aaa ® BY—/f �t"
2n
qh
Laid over to
3rd and app V Adopte
Yeas Nays Yeas Nays
\ DeCourcy
`Holland Holland
\Loss A-ew �/ v
�ortinson , \ Mortinson r
�eterson lJ Peterson
\ Rosen Rosen
Mx. President Vavoulis Mr. President Vavoulis
1.98653 8