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197390Cl W V X iL CL ..>� • C 11759— ByeAdrian7 P. Winkel— No: J An ordinance granting permission to ORDIN zel deAndrewOeBerg, Jr. Margaret Lorraine - M. Berg, Ruth H, Bronson, and Mary NO. B. VanDufee to construct a public iI sewer in Hazelwood Avenue from the /) O AF RDINANCE NO. -------j An ordinance granting permission to Frederick Hoelzel and Margaret Hoelzel, Andrew Berg, Jr. and Lorraine M. Berg, Ruth H. Bronson, and Mary B. Vantufee to construct a public sewer in Hazelwood Avenue from the existing public sewer in Clear Avenue at the intersection of Hazelwood Avenue and Clear Avenue to a point 205 feet north of ;tble north line of Clear Avenue. 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 permission and authority are hereby granted to Frederick Hoelzel and Margaret Hoelzel, Andrew Berg, Jr. and Lorraine M. Berg, Ruth H. Bronson;.and Mary B.-VanDufee to construct a public sewer in Hazelwood Avenue from the existing public sewer in Clear Avenue at the intersection of Hazelwood Avenue and Clear Avenue to a point 205 feet north of the north line of Clear Avenue. Section 2. That permittees, to be served described as follows: the tracts or parcels of land owned by and drained by said public sewer, are Lot 5, Block 21 Rogers and Hendricks-Acre Lots Number 2, which parcel is;owned by Frederick Hoelzel and Margaret Hoelzel; East; 125 feet of Lot-4, Block 2, Rogers and Hendricks Acre Lots Number 2,. which parcel is owned_by Andrew Berg, Jr. and Lorraine M. Berg; _ Except south 150 feet and except north 60 feet of Lot 5 and the west 30 feet of Lot 4, Block 3,,,Dawson's Acre Lots, which parcel is owned by Ruth.H. Bronson; Lot 6, Block 2, Rogers and Hendricks Acre Lots Number 2, which parcel is owned by Mary B. VanDufee. Section•3. The Commissioner of Public Worts is hereby authorized to issue a permit to Frederick Hoelzel and Margaret Hoelzel, Andrew Berg, Jr. and Lorraine M. Berg, Ruth H. Bronson, and Mary B. VanDufee for the construction of said sewer, upon their compliance with the following conditions, viz: 1. Said permittees shall construct said s.,ewer entirely at their own expense,under the supervision and to the satis- faction of the Commissioner of Public Works, and in accord- ance with plans and specifications prepared by him. 2. Said permittees shall pay the cost -of engineering and inspection of said work, and tYe cost of publication of this ordinance. Yeas Councilmen Nays DeCourcy Holland Mortinson Peterson Rosen r Winkel Mr. President (Dillon) Attest: City Clerk r 'A 1M 8 -59 a®o8 Passed by the Council Tn Favor Against e Approved: Mayor :0 - -3 Said permittees shall properly protect all axcavatioys ade in tbe_,sub edct ublicgstree s "both ay and n gh�, so as o "avo ati dame a or jury = ,f s s-to-persons or property; shall properly fill and tamp said stre,e;ts to avoid. settling, and' shall restore said streets to their original condition. 4. Said permittees,'after. the inception�of said _ work, shall proseeute.sarae'- continuously, with diligence, .. and fully'coinplete 'said work- to -the - satisfaction and • approval of said Commissioner on -or before September 15,,_ :1960. ­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 dadages,.-claims, losses, judgments; suits, or expenses arising.out o.f or occasioned by--the performance of-the, work contemplated by this permission and authority. 6. 'Said dpermittees •shall,comply with Paragraph 6' of 'Sectionr• 2 of.,- Ordinance No. ` 11733 'of' the ,City` of Saint ' Paul., approved May .11, '19609 and -the 'terms and provisions' ! - l} =. of "the ' of oresaid' Paragraph 6 ' shall . "continue--. in. full" _ . • .. w : force and effect until the -followin:g provisions shall " have been' complied with:',, Said •permittees shall fully' - = 'and completely comply'with,the provisions regarding insurance and.indemnification contained in;-the City of . Saint-Paul Department. of Public Works Spvcificatlon.s for„ Street and -Sewer Construction, dated April. 1, 1959, - Section' 1.44 and found oh, -pages : 1-13, through 1 -17 of said'Specifica.tions.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- "contractorp'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 provi- s sions "of the aforesaid Section 1.44 shall be in such form Corporation COun.sel "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 ofr Saint ;-Paul. t 7. Said ; permittees . shall , furnish a bond to the • T.: City .-of Saint-Paul .in.,the sum .of -Ten Thousand Dollars (101000:00) conditioned_to comply with'all•the terms. of this ordinance and t'o jndemnify -.and save'- harmless'said ' f - City from all liability, -loss, judgments, '.suits, costs; ,charges and expenses`that may accrue to persons. or ! property occasioned by the making of, the, improvement - of arising 'out of ',the same. - � Upon - compliance with -the • Bond requirements herein, the bond 'provided. by Para g raph 7 of Section 2 of'.Ordinance_ No. 11733'may,. in the dis- cretion of the Corporation Counsel, be:eancelled. 8i'. Said 'permittees shall; within 10 days after the " - -.passage of - thi -s' ordinance,' file a`• written acceptance thereof with-the City Clerk,._ f 2 Orizinal io City Clerk PRESENTED BY ORDINANCE , 7390 COUNCIL FILE NO. ORDINANCE NO. �_j 9. That upon the taking effect of the pro- visions of this ordinance, and upon compliance by the permitttees with the terms and provisions of this ordinance, as hereinbefore provided, the terms, con- ditions and provisions of Ordinance No. 11733 are hereby superseded. - 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 ,sliall take effect and be ;in...- force upon its passage, approval and publication. Yeas Councilmen Nays DeCourcy Holland Mortins J Peterson V Rosen VkTfte�_ , Mr. Presidenk0lTf' ` Attest: r r City Clerk 1M 8 -59 Ompos Passed by the Cound JUN 211960 Tn Favor 0 Against Approved: JUN 211 Mayor Duplicate to Printer r _. PRESENTED BY ORDINANCE COUNCIL FILE NO. , P390 ORDINANCE NO. ZZ �2 An ordinance granting'permisolon to Frederick Hoelzel and Margaret Hoelzelx. Andrew Berge Sr, and Lorraine M. Barg #: Huth H. Bronson.;, and Mary B. VanDufee to construct a public sewer in , Hazelwood. Avenue from the existing public .sewer in Clear Avenue at the intersection of Hazelwood Avenue and_. Clear Avenue to a point 20.5 feet north of ,;tire north line of Olear Avenue. This is an emergency ordinance reAdered.necessary for the pros6"vation of the public peace,; health and safety., THE COUNCIL -OF = CITY OF SAINT PAtTL DOES CHDAINt Section 1. That permission and aixthori.ty are hereby granted to Frederick Hoolzel. and Margaret' Hoel,-zel, # . Andrew Oerg,, 1r, and Lorraine M. Bergr,Huth H. Bronson, and Mary B. VanDufee to construct a public sewer in Hazelwood Av'enua from the ;existing public sewer in Clear Avenue at the, intersection Of Hazelwood Avenue and Clear Avenue to a point 205, flat north of the north line of Clear Avenue. Section 2. That the tracts or parcele' of land owned by permittees, to be.aerv'ed.anti drained by said public sewer, are desoribed as followst tot: 5 $lock 2, Rogers arid. Handricke Acre Lots Number 2t which parcel is owned by Frederick Hoelzel and Margaret Hoelzel$ Bast 12'$ 'feet of Lot-.4 1 Block 2. Rogers and Hendricks Acre' Lots Number ,2, which parce1 10 owned by Andrew Berg, Jr., and Lorraine $. Berg3. Except south 150 feet and except north 6e Feet of .Trot and the'west 30 feet of Lot 4, Block. 3, Dawrson's Acre Lote, which parcel Is owned by Ruth H. Bronson; Lot, 6 Block 2, Eggers and Hendricks Acre Lots Number 2, which parcel is owned by Mary B. VanDufee. Sectign- 3. The Commissioner of Public Works is hereby authorized to issue a permit to Frederick Hoeltel and Margaret Hoelzel, Andrew Berg# Jr. and Lorraine M. B",-Ruth H. ' Bronson., and Mary B. VanDufee for the construction of said sewer, upon their compliance wttb the following conditionso vizf 1. Said permittees shall construct said serer entirely at their own expense under the supervision And to the satiEf- facti on of the ComrAssioner ,of Public Works, and in' accord.* ace with plans and Specifications prepared by him, 2. Said permittees shell pay the cost of engineering and inspection of said work, and t1lb cost of publication of this ordinsnca. Yeas Councilmen Nays Passed by the Council DeCourcy Holland Mortinson Tn Favor Peterson Rosen Against Winkel Mr. President (Dillon) Approved: Attest: City Clerk Mayor im s -59 s 3, Said permittees shall prcipely protean all ; edaxcavattious ade � ip, the sub eclat• u liagstree s3 both y and night so as o avo al1,dama a or n ury • to person's or gr ©perty.3 shad1 properly fill and• tamp: said 'streets'' to avoid, settling -; an& shall restore said 1 .streets to, their original _;condition,. Said permittees, after" the inception. of -said , work,. shall 'prosecute same continuously; with diligence, and fully complete said, work to� the satisfaction -,and = ;. approval of said..Commissioner .oi � or before September , l5 t 1960.' : • ; .f f ` j w , ; S. • ' Said permittees- ••expressly agreo and undertake to fully indemnify '8nd hold harmless= the: City -of, Saint - ,. . ' Paul, :its. agents of f ice r`s ands emplpyees. from any and all damage s' - sla ms; ;1; ©sses R _,judgmentsi, suits or expenses arising rout. of or occasioned by, the performance - .- of the work 'contemplated by this permission ,and authority.. r 6. Said permittees shall comply 'with- Paragraph 6 of Section 2-Df Ordinance. No.: 11733-of the City .of Saint ` Paul; approved May 1'1; 19.66 and the terms, and- provisions- . of* the --aforesa' id Paragraph 6 -shah. ' continue iri_ full r , ` force anti, effeat until -the - following provisions shall ` . .have' -been complied='with-t - Said permittees_ shad .fully - aiid . completely comply with ;the pravisions''regarding ' insurance ,and indemnification contained In the-Cl,ty,of Saint Psul Department of .Public: Works SpLacifidations, for Street, and Sewer Constructions' dated April l; 1.959, Section* 1.44 - and.. found on; pages l :,l5. through 1,.17- -of paid-Specificatona applicable to:contractore: For r. , the purposes: of this ordinance, th-e.',afor:esaid section of s,a'id,Specifications numbered 1.44' sYia11 be read-, as, though-the Word ; "pereittee" were substituted, f'or the word.; "contractor" �iherever the same appears in the = ~aforesaid Section' 3.44.. •Said' Section 1.44 of the e a Specifi- cation's for Street arld Setter -Construction in the_. G ty of Saint Paul is hereby incorporated herein by reference as fully- and• as bompletely -as- ifs set forth r heroin verbatim..., .-Proof of compliance with -the pi o-vi signs of the aforesaid= .Section. •1;41 shall •be, ire such form . as the Corporation. Counsel -of, the City. of Saint' Pau, may . directs an& the•'.doc3uments required -by the "a'foresaid Section '1.44 shall, after submission- to•the.'Corporation Counsel i be •fit -ed • in the office of- the ,Comptroller of', .the" ' City of Sa nt Paul 7, Said - permittees ,shall furnish- a bond, to the City of, Saint ,Paul.`-in 'the -su. m. of Ten, .Thousand ,Dollars - (t10,000.00)••conditioned. -to comply with all,the'terms f=• :. of'_ thisor'd'inaric.e and:, to indemnify -and .save' harmless' said. -" City_ frod,.a11, :liability-, 1-oss y. �udgmen.ts,, suits, 'costs, charges and expenses' that may accrue to persons or property occasioned by the making, of-the improvement _ - of .arising out of the "same. ' Upon compliance : with the : • _ - - ' Bond requirements hereini' the.° bond provided. by Para- graph ' 7 of Section '2 of Ordinance No; 11733 may; An the dis -• " Ireton -of the Corporation Counsel,. be- cancelled. $, �Said =permittees• • shall ;' within 10.. days of ter the passage'of this` '6' once r file a written acceptance Hereof =± with the City- Clerk. „ DapUcate to Printer I` PRESENTED BY ORDINANCE COUNCIL FILE NO. ORDINANCE NO. 19,7390 9. That upon the taking effect of the pro.»- viaions oP thia ord.inance, and upon complianoe by the permitttees with the terms and provisions of this ordinance, as hereinbefore provideds, . the terins, con- ditions and provisions. of Ordinance-No.. 11733 ore hereby Superseded. r Section This 6rd3.nazaee i s hereby declared to ,Ve an emergency ordinance rendered necessary for the preservation of the public peace, health and safety. Section 4... This Ordinance shall take effect and be zin force upon its "passage t approval and publication. Yeas Councilmen Nays DeCourcy Hollan Mortin Peterson Rosen .-Van2n— Mr. Presidento7'-- Attest City Clerk 1M 8 -59 qws Passed by the 7 neil I LI N 21190 Tn Favor Against JUN 2119 Approved: Mayor Saint Paul, Minnesota June 27, 196o- 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. 197390, being ordinance No. 11759, adopted by the Council on June 21,1960. Frederick Hoelzel &�X� ?�# 94a�e� �Ruth H. Bronson ry . VanDufee 2n Laid over to 3rd and app Adopt / Yeas Nays Yeas Na fs�/ DeConrcy DeConrcy Holland Mortinson Peterson Rosen Wtft R-eT1 Holland Mortinso Peterson /� Rosen Z4 Mr. President i Mr. President-DiHon 8 --,7 19"7390 ORIGINAL TO PAYOR RECEIVED OF 300 1-" ► CITY OR SAINT PAUL Y a OFFICE OF THE COMPTROLLER RECEIPT N °• 11'74 too CITY COMPTROLLER e O By