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197233Orignel to City Clerk Council File No. 197233— Ordinance No. � � R D I 1�1' 1175!) —By Adrian P. Winkel- • � v' An ordinance granting permission to 19 "1 J. R. Walker & Sons, Inc. to rough �{ grade Warren Street, Cutler Street, Nelson Street and Winthrop Street 0. from Upper Afton Road._to Larr Ho 7 i Day rn to i�zks�}7 -n1t� ...r� r� PRESENTED BY ��`b���f18E No. Vit7 ed� s� An ordinance granting permission to J. R. Walker & Sons, Inc. to k ough grade Warren Street, Cutler Street, Nelson Street and Winthrop Street from Upper Afton Road to Larry #Ho Drive; to install and maintain sanitary sewers on Warren Street, Cutler Street and Nelson Street from Upper Afton Road to Larry HO' Drive; to install and maintain drainage structures at the intersections of Warren Street and Larry Ho::,Drive, and Cutler Street and Larry Ho Drive; and to install and maintain a storm sewer in Nelson Street from Larry Ho Drive to a point'4.00 feet south of the center line of Larry Ho Drive. 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 OhDAIN: Section 1. That permission and authority are hereby granted to J. R. Walker & Sons, Inc: °rough grade Warren Street, Cutler Street, Nelson Street and Winthrop Street from Upper Afton Road to Larry Ho Drive; to install and maintain sanitary sewers on Warren Street, Cutler Street and Nelson Street from Upper Afton Road to Larry Ho Drive;- to install and maintain drainage structures at the intersections of Warren Street and Larry Ho Drive, and Cutler Street and Larry Ho Drive; and to install and maintain a storm sewer in Nelson Street from Larry Ho Drive to a point 400 feet south of the center line of Larry Ho Drive. Section 2. The.- Commissioner of Public Works is' hereby . author- ized to issue a permit to J -. R. Walker & Sons, Inc. for said public improvements, upon its compliance with the following con- ditions, viz: 1. -8aid permittee shall rough grade said'-above named streets, and construct and maintain said sanitary sewers, said drainage structures and said storm sewer entirely at its own expense, under the supervision and to the satisfaction of the Commissioner of Public Works, and in accordance with the plans and specifications prepared , by him. 2. Said permittee shall pay the cost of engi- neering and inspection of said work, and also the cost of publication of this ordinance. 3. Said permittee, shall properly protect all r.--; 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 public streat to avoid settling.- Yeas Councilmen Nays DeCourcy Holland Mortinson Peterson Rosen Winkel Mr. President (Dillon) Attest: 1M 8 -59 8 City Clerk Passed by the Council Approved: Mayor Favor Against • 4. Before en' Bring upon orr doing. any, of the ' Y - J - r- ough-•gradiizg herein,permitted and- authorized, said erm ttee- shall rbcure from the, abut tin - owners.- .such eas.emerits ..in,,and,'to the abutting propety `as t may, be - necessary for slopes'; -cuts ` , and"' " t _ shall'. obtain, a..�written ;release- 'from such owners,, ' releasing; and discharging` the City ?#`rom `any' and all damages,--. rea's'on _ of,'the r6ligh grading of said streets' - �5:, 'Said',,permittee` =d_ ssly.'agrees ;and under.- akes to %fully : indemnify,, hold, ;hb mless the City- 0 'f Saint Paul;:`its'_..agents,'T; officers; " - and - employees _ , from any` °`and' ail damages,.-cl"aims;` losses, judgments; ~ suits.,. 'or expenses- -,arisin o t of or, ' - g n occasioned by' the. p er of he' word. contempT ted by this ,permission .. and.'author.ity.. .6... said "permittee shall not proceed with the. perform, .Said: ce;_, of',any of "the work - contemplated by 'this p °ermiss oA,and authority 'unless and until said'_per _ ,. mittee shah have fully complied with the•provisions ;regarding : insurance," and indemnification° contained in - ' . -.the - City . of Sa'irit Paul 1��par �inent -of •Public - .Works • h �. a ; . Specifications •'for, Street 'and Sewer; Construction, dated- ' April- 1' '1959;,`-Section' 1.44. and found on pages ,1 -13 ' - through -1 -1'7 of said Specifications applicable ..to con` ' . ; tractors. `-For the purposes -,of _this ordinance, the aforesaid sec.ti.on of _,said Specifications. numbered 1.44. shall` bo .read as -th u h, . P, g the word � ,''permit't eel' were � - ' substituted for the word'•- "contractor'.'- wherever the same*- in the afore said, Section 1 ".44.. .' Said Section 1.44. of-'the Specifications for Street, and ' Seewer Cori ` ; -_ struction •, n, the,-City of -Saint, Paul, is hereby Ancorpor- : -- porated herein b'y reference- as fully and as completely - -:. as .if- --set forth' herein verbatim. . P.roof of- compliance with- the provis- ions of the'-aforesaid Section 1:44 shall s be =in such form, de -the Corporation Counsel of the City--'.',"', _ of. Saint Paul may direct and-the documents required by-- _.~ the aforesaid Section 1�44r'shal; after submission to } the- Corporation'•C.ounsel', be, Filed' in .the _office of the,.-','- - ComptrQller- of: th-e- -City of Saint,;.Paul, Y - 7. 'Sa'id' permit'tee ''shall''furnish a 'bond to -the City of: Saint Paul in the sum of $10;000 conditioned =•." ` tb ' 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 accrues to; per bons -.or. property occasioned. -by - the .making or,' improvements or arising i •. 'ou t of ;�T�e same . * . 84 Said permittee, after . th,e "inception of said . ork l t • ' . ., _- .. - ' w , .shall prosecute - same . continuously, wit'Yi 'd�.ligence,•� `' 't •_' '_��'. ' and f�l,ly' complete said ,work to - the . satisfaction -and approval- of, said Commission_ er ion or,-bef ' ,September 1� j e 1961. Orfgnal to City Clerk -ORDINANCE 19'1233 COUNCIL FILE NO. �( PRESENTED BY ORDINANCE NO. 9. Said permittee shall, within 45 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. 1 t•T*Pw t � Yeas Councilmen Nays DeCourcy Holland a Peterson Rosen V4el Mr. President Attest • i City erk ire a -es s i N JUN 8 1960 Passed by the Council Tn Favor d Against JUN g w6u r' Appr d Mayor Duplicate to Printer e, PRESENTED BY ORDINANCE COUNCIL FILE ORDINANCE IN% NO— 1929R2 NO. //7 An ordinance granting permission to J. R. Walker & Sons, Inc. to trough grade Warren Street, Cutler Streetp Nelson Street and Winthrop Street from Upper Afton Road to Larry•,Hb Drive; to install and maintain sanitary sewers on Warren Street* Cutler Street and Nelson Street from Upper Afton Road to Larry Ho Drive; to install and maintain drainage structures at the intersections of Warren Street and Larry Ho :Drive, and Cutler Street and Larry Ho Drive; and to install and maintain a storm sewer in Nelson Street from Larry Ho Drive to a point 400 feet south of the center line of Larry Ho Drive. 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 OBDAINt Section 1. That permission and authority are hereby granted to J. R. Sulker & Sons, Inc. rough grade Warren Street, Cutler Street, Nelson Street and Winthrop Street from Upper Afton Road to Larry Ho Drive; to install and maintain sanitary sewers on Warren Street, Cutler Street and Nelson Street from Upper Afton Road to Larry Ho Drive; to install and maintain drainage structures at the intersections of Warren Street and Larry Ho Drive, and Cutler Street and Larry Ho Drive; and to install and maintain a storm sewer in Nelson Street from Larry Ho Drive to a point 400 feet south of the center line of Larry Ho Drive. Section 2. The Commissioner of Public Works is hereby author,-- - ized to issue a permit to J. R. Walker & Sons, Inc. for said public improvements, upon its compliance with the following con- ditions* viz: 1. Said permittee shall rough grade said above named streets, and construct and maintain said sanitary sewers, said drainage structures and said storm sewer entirely at its own expense, under the supervision and to the satisfaction of the Commissioner of Public Works, aAd in accordance with the plans and specifications prepared by him, ?_. Said permittee shall pay the cost of engi- neering and inspection of said work; and also the cost of publication of this orrdinance* 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 public street to avoid settling. Yeas Councilmen Nays Passed by the Council DeCourcy Holland Mortinsan Tn Favor Peterson Rosen Against Winkel Mr. President (Dillon) Approved: Attest: City Clerk 1M 8 -59 .0!8�0,8 Mayor ' `. .• •• -�Y 't• , `, .!T'.I ".` _ .. - - � • ".• •I "' 1t - ^•,• ,I :a _ ' ., f- ,- , ,may'._ -, • _ • • • `- i `_ 40 Before entering upon or- doing any of the rough grading herein permitted- -arid authorized,,' .__.. said permittee, shall -procure from the abutting owners - -such easements 'in - and_ -' ,to• the abutting property as may - -be necessary for slopes, cuts I end fills, and ' r shall obtain a'.written-,release f.rom'such ,owners, ` ' relea$ing and', discharging the, City - .:from any and all `-damages by:'reason -of'- the- rough. `grading of said- streets.,. Said, permittee-ex-�essly agrees and under - ,'• takes, to fully . indemnify ^and, hold, harmless the City of Saint, Paul,z its agents; of ficers,, ` and employees ,from-,any and all damages,, 'blaims,'_lo:sses, judgments, ' suits; ,or- expenses. `arising' "out of, or•-'oecasioned by the,,, -''• ,q. performance of ate work contemplated .by this p.ermissi.on and authority, ' f y 6.--Said permittee shall not proceed-with the f = performance of any of the work contemplated by this - . '';'• #:- • p'ermiss'ion and alithority,'unlese and until said -per- mittee "shhall %have fully complied_ with 'th_e provisions i regardtng .insurance 'and 'indemnific.a.tion contained in a` the' City of:`Saint Paul' Department .of Public Works Specifications for"Street and _.S ewer: Construction; dated`-' _ April - V't ;19 -59.,- Section'1:44,arid found - on, pages' l -13. through` 1 -17 `of said Speci£ieatiob -s ,applicable to con--,, . tractors., For the ,purposes of,'-this ordinance, the - aforesaid section of said Specfifiaatons numbered 1.44, fi - shall be read as •though_ the,' word .permittee" 'were ; Substituted for the word . ".contractor " - Wherever the-same, ap ears in the afore said Section 1,:44:" ^ Said Section y - - 1: 4 of 'the' ,Speeifications 'for:` Street and Sewer Con+ - struction in the City of ; Saint - Paul. , is hereby �ncorpor- porated" herein by, 'reference as, fully_ and. -as completely ' T as if set forth herein verbatim: Proof. , of compliance' . with the provisions of the.l.aforesald. Section 1.44 shall . " be in such;,;forni as the Corporatioh,'Counse.l' of the City 'of- Saint -Paul may direct "and %the documents required by.- ': the aforesaid -Se,etion'1.44 bki ll; after submission to. _ th Corporation Counsel'; be. filed in the office of the Comptroller-' of the City, of Saint, .Pauli,'- " = t 7. Said permittee shall furnish a, bond to the City-of'-Saint, _Saint Paul in-the-sum o-f; 110.,000 conditioned. ' t ©' comply with all the 'terms-;of• this ordinance and ' J r --to indemnify 'and: save harmless said . Ci.ty, from; all - A , .liability, -,loss,.. judgments; .au S, costs -; _charges; •.- r ,: • '� and expense that ` may accrue to persons or property' occasioned by _the. •_making- of the improvements or, arising f out o_ f .;th - same.. B. = Sand ermittee after- the -inception p.t_ ion i of said - work shall-prosecute" = Duplicate to Printer ORDINANCE COUNCIL FILE NO. 1.972-33 PRESENTED BY ORDINANCE NO. // T� 9. Said permittee shall, within :45- 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 Nays DeCourcy ^ Ho11B�erasem�" ~� v 1° Peterson Rosen Wnkel- Mr. President (5 HM)- , Attest: City Clerk im s -59 s Passed by the Council JUN 81960 Tn Favor A gainst Approved JUN 8 WbU Mayor St. Paul, Minnesota. June 13, 1960- To the Honorable, the City Council Saint Paul, Minnesota. Gentlemen: We, the undersigned, do hereby accept and agree to abide by all the terms and conditions of Council File No. 197233. being Ordinance No. 11750, adopted by the Council on June 8, 1960. J. R. W & SONS, INC. 3r B : / ORIGINAL T¢ PAYOR I F� RECEIVEEDDvaOF I - � 600 " o�® CITY OF SAINT PAUL OFFICE OF THE COMPTROLLER RECEIPT 1s�G NQ - -1168 ck 11 -7 ST CITY COMPTROLLER BY 100 6, K - ist 2n 1 , µ _ .. Laid over to ted 0 K 3rd and app- ` Adop Yeas Nays Yeas Nays DeCourcy Holland Mortinson Peterson Rosen Winkel DeCourcy Holland A'leg6imou Peterson Rosen Mr. President Dillon Mr. President Dillon -