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197230
original to City _Clerk ORDIN PRESENTED BY l `G kj Attest: IM 8 -69 WJ N z 0 U Council File No. 197230 — Ordinance No. 11747 —By Adrian P. Winkel — An ordinance granting permission to the Degree of Honor Protective Association, a corporation, to construct and locate a deep well system required for precoiling and condensing for air conditioning in said Association's pro- said deep well 11'r-, t IN r-b. �v Ws 1972 3® .-/-/ 7 VZ An ordinance granting permission to the Degree of Honor Protective - Association, a corporation, to construct and locate a deep well system required fo•r._precoiling and condensing for air conditioning 'in 'said Association's proposed new building, said deep well system to be located on the west side of Cedar Street and south of Fourth Street. 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 upon compliance with the conditions hereinafter set out, the Commissioner of Public Works is'author- --ized to issue -a permit -to the Degree of Honor Protective Association, a corporation, to construct and locate a deep well system required for precoiling and condensing for air conditioning in said Association's proposed new building, said deep well system to be located on the west side of Cedar Street and south of Fourth Street. The conditions are as follows:' 1. That said•permittee shall; at its own cost and expense, And in accordance with all applicable ordinances of the City of Saint -Paul, Statutes of the State of Minnesota, and regulations of public authority having cognizance, construct, install, maintain and operate the aforesaid deep well system hereunder. 2. That said permittee shall, at its own cost and expense, as aforesaid, construct and install said deep well system under the supervision and subject to the inspection and approval of the Chief Engineer of the Department of Public Works and the City Architect and shall fully reimburse the City of Saint Paul, upon receipt of proper invoices therefor, on account of all costs and expenses necessarily incurred for inspection and engineering services by the City of Saint Paul, in the premises. 3. That said permittee shall, prior to the commencement -of the construction and installation of said deep w6ll'system hereunder, at said permittee's own costand "expense and by a competent Registered, Architect or Engine.er, cause to be prepared and sub- mitted--.-to-said Chief > Engineer and said City Architect of•the City of Saint Paul, -two complete sets of proper detailed plans and specifications for said installation , which shall be subject to the approval of said Chief Engineer and said -City Architect. 4: Said permittee deep well system unless Councilmen DeCourcy Holland Mortinson Peterson Rosen Winkel Mr. President-(Dillon Y 1' City Clerk Nays shall -not proceed to construct said and until said permittee shall have Passed by the Council Approved: Mayor Tn Favor Against t I -2- x.9`1230 fully complied with the provisions regarding insurance and indemnification contained in the City of Saint Paul 1 /7 47 1 Department of "Public'Works Specifications for Street and Sewer Construction dated April 1, 1959,'Section numbered ' i.44 - andfound-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*Vord " 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 a;s -fully and as completely as if set forth herein verbatim. Proof of compliance with the provisions of "the aforesaid Section numbered,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. 5. Said permittee expressly agrees and under- takes 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 shalinproperly'protect all excavations made in the public way, both day and night, so as to avoid all damage or injury to person or property; shall properly fill and tamp said public way to avoid settling, and shall restore said public way to its original condition. 7. That said permittee shall forthwith ,furnish and deliver to the City,of Saint Paul a surety bond'-in the penal sum-of $10,000-made and executed by said permittee as principal and a corporate surety company duly authorized to transact business in the State of Minnesota, as surety, to and in';favor of the City.of Saint Paul, as obligee, conditioned that said permittee shall indemnify and hold harmlessFsaid City of,Saint,Paul against -all expense and liability-on account of'all, claims, suits and judgments arising out of or connected_: with the construction and installation by said permi-ttee and /or its successor in interest of the aforementioned deep well system, which surety bond shall be'in such form as shall be approved by.the Corporation Counsel and shall have such surety as shall be approved by the Commissioner of Finance. 8. 'That said permittee, after the inception of said work, shall prosecute same continuously, with diligence, and fully complete said work, to the satisfac ion and (fir approval of the Chief Engineer, on or before �- 9 9.- That said deep well installation shall be removed, discontinued and backfilled under the supervision and subject to the'-approval of the Commissioner of Public Works and the Commissioner of Parks and Recreation and Public Buildings, by and at the expense of said permittee and /or its successor in interest whenever the Council of the City of Saint Paul shall'by resolution determine such removal and discontinuance necessary in the public interest and accordingly order the removal and discontinuance of said deep well system from said location. Od¢tnal to City, Berk PRESENTED BY ORDINANCE COUNCIL FILE NO 1,97230 ORDINANCE NO. // H 7 -3- 10. That said permittee shall within the period of 10 days next after the effective date of this ordinance, file with tleNCity Clerk, its written acceptance of this ordinance and agreement to be bound by'the provisions, terms and conditions thereof without limitation, which written instrument of acceptance and agreement shall be in form approved by the Corporation Counsel. Section 2. This - ordinance is hereby declared to be an emergency ordinance rendered necessary for the preservation of the public peace, health and safety. Section 3. This ordinance shall take effect and be in force upon its passage, approval and publication. Yeas Councilmen Nays DeCourcy Holl�u -�-a� V �!J Peterson Rosen Mr. President tDitlan} Attest - City Clerk 1M 8 -59 c sqD.8 Passed by the Council JUN 8 1960 Tn Favor v, Against Approv JUN 81960 Mayor Duplicate to Printer - - -- ORDINANCE C COUNCIL FILE NO. �°'�s / �� PRESENTED BY ORDINANCE NO. % ,7 7__ An ordinance granting permission to the Degree of Honor Protecstive Association, a corporation, to construct and locate a deep well system required for precoiling and condensing for air conditioning in said Association's proposed new building, said deep well system to be located on the west side of Cedar Street and south of Fourth Street. 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 upon compliance with the conditions hereinafter set out, the Commissioner of Public Works in author- ized to issue a permit to the Degree of Honor Protective Association, a corporation, to construct and locate a deep well system required for precoiling and condensing for air conditioning in said Association's proposed new building, said deep well system to be located on the west side of Cedar Street and south of Fourth Street. The conditions are as follows: 1. That said permittee shall, at its own cost and expense, and in accordance with all applicable ordinances of the City of Saint Paul, Statutes of the State of Minnesota, and regulations of public authority having cognizance, construct, install, maintain and operate the aforesaid deep well system hereunder. 2. That said permittee shall, at its own cost and expense, as aforesaid, construct and install said deep well system under the supervision and subject to the inspection and approval of the Chief Engineer of the Department of Public Works and the City Architect and shall fully reimburse the City of Saint Paul, upon receipt of proper invoices therefor, on account of all costs and expenses necessarily incurred for inspection and engineering services by the City of Saint Paul, in the premises. - 3. That said permittee shall, prior to the commencement of the construction and installation of said deep well system hereunder, at said permittee's own cost and expense and by a competent Registered Architect or Engineer, cause to be prepared and sub- mitted to said Chief Engineer and said City Architect of the City of Saint Paul, two - complete sets of proper detailed plans and specifications for said installation which shall be subject to the approval of said Chief Engineer and said City Architect. 4. Said permittee shall not proceed to construct said deep well system unless and until said permittee shall have Yeas Councilmen DeCourcy Holland Mortinson Peterson Rosen Winkel Mr. President (Dillon) Attest: City Clerk 1M 8 -59 8 Nays Passed by the Council Ql0 7n Favor A gainst Approved: Mayor 723Q ' fully complidd W th the provisibna regardi=ng �i,60ance • and indemnification aonta'i hod in the City - of ' Sa=int.- Pata y Departz ent or bl a works $peQif sat ono •for Street 4 and. Seger Construritinrx da=ted- April 1, 1959 Section cumbered. 1..44 Arid ft=4 on. pages -1 -13 through, l -lT. of , laid peaifip8tion$ app]�itiable to oritraators. .For - the purposes of this Qs�d :nonce, ` the of oresai.d•• section of sai=d- Specif oatione Aumbersd. 1,044 -b9- read'a' 'tho =ugh the word "poriatteer' were substituted for- the. - ' word' "confraotorO whereaver `•the isms appearo ire the afgre'se:id Section 1.446 Sa ,d .Section 1:44 of the �Spec,ifications for' Btree and Sewer Construc.tioz in- the City of - Saint Pahl -is hereby inaorpo if heroli•A 'by referen06 - -a8 fully: acid as completely as f set , forth harei� „Verb,atiro., Proof, of _.goinplignoe with the, r pr=ovisions of-.the L44 ` `shall be in _ si gh Form a8 _ the. C.Opporation ' 0ounsel , of J; the Ci:ty., of Saint ^Paul °may i�ir,�ec�ti, a4d, the 'documeato required by the_- aforesaid Section, x.44 shall, .after e.ubmisaioxi to the Corporation Counsel,, be filed in the off log of 'the = Comptroller ,of the City. of Saint Paul. said permitted ex agrees and under. �takds to: fully indemd ,f'y- and hold harmleeo, tie 'City Qf Sgtnt Paiil,�, i=ts .agents, c�ffiraer �' snd,+ mplayeee . from any and,' all, damages;- c3laima,; loonies, judgments, 'Suite..' -or expem4o, arie-j;rig out, of or• oaca.gionod by._ the - performana4 •of the work dontemplated. by this :.permission',and aut horlty: y . �. aid tee ohaII'properly proteot all ekdava•ti,ons made iu the public way,- both day ari=d night, go as to avoid all dazage or injury td .person or property.; ` shall pVoperi ' fill and tamp said public way -to avoid = -. ,settll.ngf,.and sha1Y keo,toro ' said public way to its:. oi►ig '44,: ; pondi.tion: 7. - tha•t :said permi.ttep _ dha:ll- _korthilth f irzi sh ; and., ; deliver to'� the Cltyr of Saint Paul 4' urety b6nc� i:n the ' r { - penal,, sum -of - 10,OWO ;mama- and • eXeoute..0 Oy - said" pprni:ttiee as-principal and- a�sorpora le surety aomps;riy duly 'au't osi�ed to saris ' at business in the State bf' i# osdta -, As surety, to and lit favor of the City of- Saint- Pain., -"as- obligee-; 'Oonditiopgd that sai=d. - pemittee .sha:il 'indem4ify and .bdjd, - r har epe 8414 ` City Qf . Sa In Paul againet All expenb and . liabl -lity on .ae.00unt of all = :olaims, ;sui.t6 and judgments arising- out' off'• Or` cgnnected i.with` tha ` aonatru and _ jns al ati h'b ai: rtit�ee "'d/br its auaceasor in' t_ 1;.. o y. 0i d�p ntereit of • the - aforemention'ed ' deep we11. eyat ®m,' �r%i ah -surety b=ond, shall be -,in such .form cis shall' be approved by the .-Corporation Counsel and shall• knave :such',eurot�, as _ skull. $e aFProv A by tho .:Com' issioner • of Fintinoo 8* That said om t e 'often•. ih6 inoe t on of sai=d a,- work, shall pro$eQUte dame continuQUS y, wjth diligenoe; an4 'fully pamplet?o 'said work, to .the, satfsfa®tion, and, , approve,! ;of the Chief ringinear,_ on or before _ - _ 91 That •said deep well- rinst4_ l jg -tion shall be removed$. dis¢orit'inued and ba4kfi:lled under the supervision; and aubjeot to • the approval,- of • the - Commi-e stone r•-of 'Public works and the Commis¢3;oner o#', Parks and. Recreation arid- Publi=c Bui:ldiW, , - by and .at the expense of, said per ,ttee..and /or its 'sudaess4r in int ®rest x ei�eWer the CouriCsil df the C�ity:Qf BeInt Paul. ohall ''ey reraolutioh . determine au ©ii removal: end di:_eeoiiti.ri�iarrc�e neotdO y ire- the - publia interest, an accordingly.. Order the 41, remoV and di;�icontinuanoe of said deep. we.,l1, symteW from sAid . location: ; Duplicate to Printer ORDINANCE COUNCIL FILE NO.- 197230 PRESENTED BY ORDINANCE NO. 71f 7 -3- 10. That said permittee shall within the period of 10 days next after the effective date of this ordinance, file with thaCity Clerk, its written acceptance of this ordinance and agreement to be bound by the provisions, terms and conditions thereof without limitation, which written instrument of acceptance and agreement shall be in form approved by the Corporation Counsel. Section 2. This ordinance is hereby declared to be an emergency ordinance rendered necessary for the preservation of the public peace, health and safety. Section 3. This ordinance shall take effect and be in force upon its passage, approval and publication. Yeas Councilmen Nays DeCourcy Holland / r Pe etrson� Rosen del Mr. President ( ,Diller -} Attest : City Clerk lm 8 -68 08 Passed by the Council Approved: JUN 8 1960 In Favor Against JUN 81960 Mayor 1 301 'ra_ �r�e 11 SOW 100M To 40#100a of to 0XVIIA)PI too' ' A", �to -00 _�' ` II lA�t ,� U 0044 � %�: a .;. I'd+ T�der. A "_ OTA : !I •�"�±''G�. �� s !� r� = '�' '���� 4 _ lot COY or Wnt 0 6, iii A� ��" � ���► ��` _' [ t Out Wit' '` * "its -00-os Witt, 404 "Won 0 gh tho Dow W1 10009 " $mix , U* voy ` vain# ftw I upon : ' r, ±q of o _ .. V. #Otto 03100410 400'" to* I" *At Aw Our of: sidw o+�.ot #mw# � U a� Oft, d olt 02 �.�VI� ' 10'00. ,to •" �iii _ o�i4%kw = $40#4• to, lff fAvl x� 04 s" A' OUr-Aft bo".� . ► '; # ' l� lire 0 r Pilo �' ply 0a"P io'd wi roylslo ,` ,_ - ate. U"UrSAGO 1 AXA or 34int, ft% D nt . b io tax 4 aiPlct�►tio for tMe. - at�►.d Ulfer, a $�"�A4 ia trllr April a•;; , �t. $seta !" Ausbrxed' L.T d bUA0 'orgy 000.. 1 *13 thro r �-�►�" ��' ` d OU10atlt� $ :pll bb3 to aontraotorgo. .r • _ + 'p�s�ta;: �' .�►, o n e . af'Rrosald agation , .' at- said Spro�.i'1001oa _i'1'r M#r*d l* ►11 b!I► - though t10 word - Opa�ttoo," w*ro, ��brt�tutod �`�r the o '"'a©ntraatoe >w borayor th.M appsa In', the _ di' "xoiiald� So *t A 1',444. = id- Sootion ,lot 0 -thr� . - -. . - - �p�o3.;�iCa'tlo��► . C`or 8trlt�+t . aid 3a�t+ar - �or��►trut�'t�.Qrt �:� .. - �; • 1 - - - .pity o , �+�i�►t .Pam It h4,r#b $-- ltaaarP,0r told w . 'lfi rt 71 .a � ; off? lotoly as s U.' Sat. : (earth horbiat. �YIt3�"b1 -ti%,, cat of .do*pj1aa��l;# w; .,;' the prc► bis�nt� € 'a o7 t lt! @4 �t�t z11,�oberad l ` Xll bw �,n: _ p'uoh ,Form 40 the .gym a�ation Counsel •cif the dity_ of iht l m*r d r�at�. a t 0oussa�ta y�i�u1iVd by thik 4Lro� "�41tytd, sotia�. . i wi. a� or t;► trico off. then c trollor of -_tho city. of ►int' U 0 14 -said. P*r*.4' siw Immsi t *a"** &Aia undor» a�"oai aid a i •�ii# ; ,ot� as# , u4sminte k..'. . A lea or o as a ou* out or or oo"$Ursod by ` t p r�'ormA0e -of' t work, 40AU%Wjj&t*d ti . thl* - . - • - - -• - rl�:a *�,�raa :a�c�. avttr�ay. - - _ .= , r _ . ,- • ' .. -- � _ - , Saki pa t*Ow shall p rly ro "00 alb - ' - • . .. - aa�ta►tie���►s made in'a ,�±t��,ia $L* to $twgl�l,"a3 .: � ► " _ loj to V#rlton ar �1 pz�c 0rly1_ till _ad Omp said p4blio Wes- to *void _ i��lttl , + �l radtaro said public way to ita origami ''mat aid roittt o '+ILL. �'Q�r�th r = del r to the : City -or. � k4t, - Pa a a< ty' b in tha veil sua of $10.s000 Wo And . oxto ttod by nsld p+lx�ritt primipal arm a, dior rats .arurlty as pa duly a� thor i - • - .: -.- • to . txm�ieot bu�t� � a�t+� #�� 1�.�!'� as r�uxet;�r;�. • ` ; . -" to aid : _ favor- . o� t f�ity: Of, • Salnt 4 ' obl i f ' = _ #or its io rAd that- ,�a .d..p�r taio i�hal�► t rml * t -0 o 4 t:.�'au ..aainst All *xPenso a - is butt on- ,coo. ►uz t alb ''o a , mul'ta and... 1 to , iS ' oat -of. qtr i�fJ ated <. With 'thlt �to�� dt�.�►�: a _ I n stSlxation by, :d poxin�t#ao amd,/or its Acaaa� 44or :zxtar6ot of tha- sfor4**ntjono dtr�ep stall Myatea,, high + f . *u", ty, `OM shall, �ua� �� as. �L bd a�.pproxod� &MAO Corporation Coun&6 . &Ad � #hall hava. suah . a tY , 0 IX bo approv#d by � Comisolonir ►t'° VU*nao .t sc p�;r t•dr, a ►Mrr t a ' io nsid jlnrl;p shilI �t .��r��'ta Imo adx}tInuo ly, vith 44.1.1 114 Iuiiy.>�lpl+R�t+ ad 'Mtrt to the ,1�►alalE't,- off' th+�` -i ar �1i���r ;= c�nt:,0r jroro .` t • ,_ That '�r►id drip w-oll- inxtolj*t�.I',10 ;�aj� b* "rowvod* .i• - - .. disaoat3x�utod airad °:ba��';�l�,�d vsr �► �r'�p�rYia�:on',aud sub�dat _ ` - to �t 0 approval . of . t b ���si�n�� � � • olio �Cor . t . aar�riorutr' or r Ati�r4a �.t�>'1 itrA � tibllo Bull��' ' b d 0, tbo **Oro* or Laid P &1*4,tttot 4/or 00, 0 00'r -iri► it i tr�eltt ,a na r ll '�f - cU r or "Saint, Seiot , - _ : , - • : r• �l �y '-_e�llrt±lerini# :aruashh. r�a� > 'oo�tl�� - 3 _ +m ► ! 'cod dimoci #i la of -",td p � awVat#* f _ ` •� IL _ , � _ , __ r • '.� ,r c r_' , ,' .rte �_ ` _ - - ' , � - '/ �•�� , _ - -fit =. V "dt 00' OW1 14* 7' 1 ot-Oak or 10 , % * 4. 0* UAWboum '' # � ► + !"!�' ± ' # 17 , for '"bb* *"#o 0A Ot _, - 'Y _- ` I � _ .. �- ` � ' � - � _ r .. .. ,• _ `rte -. ' ." . 1. _ t ; , -.. � '` .` _ .. •. . , _ � mil' ^.� .• , •^ h• +.1rI••= •'..,.w yw +Y N�% Saint Paul, Minnesota June 13, 1960. To the Honorable, the City Council Saint Paul, Minn. Gentlemen and Madam: We, the undersigned, do hereby accept and agree to abide by all the terms and conditions of Council F�l.e I No. 197230, being Ordinance No. 11747, adopted by the Council on June 8, 1960. DEGREE CF HONOR PROTECTIVE ASSN. B y 3, 77 A, • z7 > A 4 1 '0 YA 4y 4 6!'e o, d, S -1 14. j s- --:1 OA 4, "A All" "F,'[ j:41 011. 4- , 0 T4 C4 �WA_ 'vpk, rw LL�A --c p % It 50- _ - I - . , ',4' " 17 j .2- 1 �f7 M T &L 1� V� 5 w -.A tv u - 7 A _W U L Ot Y, 4, ji- 40 DETAIL NO. SHM A- arcRifects I saint paul, m1nnesota__ =1 7._4 A - 1 O F F I C E O F C O R P O R A T I O N C A U N S E L I 4 , 1 gam_ Council Request, To the Mayor To Commissioner To the City Clerk To Mr. Dear Sir: This office has received your request, dated for May is su Please be advised that this matter has been given to Mr. ,;�M41 Assistant Corporation Counsel, for reply. You undoubtedly will hear from him shortly. Yours very truly, Louis P. Sheahan Corporation Counsel OFFICE OF CITY CLERK JOSEPH R.OKONESKI City Clerk BUREAU OF RECORDS HAROLD J. RIORDAN Council Recorder 386 City Hall and Court House St. Paul 2, Minnesota � r May 3, 1960 Mr. Louis P. Sheahan Corporation Counsel Building Dear Sir: The City Council referred to you the attached application of Bergstedt, Hirsch, Wahlberg & Wold, Inc., Architects for Degree of Honor Building, and requested that you draw an ordinance granting the same, being permit to locate deep well system required for water for3precoiling and condensing for air conditioning, on city property. I---- Ver ruly yours, Clerk MAY 4' 19„0 RFORATION COUNSEL MINNESOTA 8 BERGS EDT HIR= CH W`AHL -BERG WOLD architects & engineers 2706 W 7th BOULEVARD ST PAUL 16 MINNESOTA TELEPHONE MI 9 1319 April 28, 1960 St. Paul City Council City Hall & Court House St. Paul, Minnesota Re: Degree ofLIHonor Building St. Paul, Minnesota Gentlemen: We are writing in behalf of the owners of the subject building to obtain permission to locate the deep well system required for water for precoiling and condensing for the air conditioning, on city prop- erty. We are enclosing three (3) prints showing the plot plan of the build- ing and the desired location for this well and well pit. The owners desire to locate this well on city property to permit ex- pansion of the building in the future with assurance -that the well will have proper access and not necessitate relocation. We would appreciate your decision on this matter as soon as possible as the building is currently under construction and will be delayed until the excavation required, depending on the location of this item, is determined. Very truly yours, BERGSTEDT, HIRSCH, WAHLBERG & WOW.. INC. Clark D. Wold I �. CDW: hd �L 111W Encls. cc: Mrs. Edna Dugan Steenberg Construction Co. It, 5zwa y4e� MILTON V BERGSTEDT •JAMES V HIRSCH *CHARLES D WAHLBERG *CLARK D WOLD •O DONALD BILLING •JACK I LOVELESS •FRITZ C ROHKOHI i ORIGINAL *CITY OF SAINT PAUL 0 TO PAYOR OFFICE OF THE COMPTROLLER RECEIPT NQ 1166 RECEIVED OF �� - too F l g 7 3 0./ ©�2 �� 11-7L4-7.1 CITY COMPTROLLER Soo a-n ® BY �1 ist 'i r Laid ove. 3rd and Yeas Nays Yeas Nays DeConrcy Holland Mortinson Peterson Rosen Winkel Mr. President Dillon -1. 9 DeConrcy Holland .MnL cPeterson Rosen Vfittk& Mr. President Dillon.•- • �