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195402
;i Odrtnqj to -City Cleriv C File No. 195402 --- Ordinance No. / [ By Adrian P. Winkel— j rdinance granting permission O dore A. Aichele to construct ,. sewer in English Street from glas Road to McLean Avenue, and in McLean Avenue from English E NO. Street to approximately 175 feet east t n of English Street. / /�/ This is an emergency ordinance (/D PRESENTED BY rendered necessary for the preservation NO. of the public peace, health and safety. The Council of the City of Saint Paul Does Ordain: An ordinance" ,granting permission to Theodore H. Aichele to construct a public sewer in English Street from Pt. Douglas Road to McLean Avenue, and in McLean Avenue from English Street to approximately 175 feet east of English 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 permission and authority are hereby granted to Theodore H. Ai:chele to construct a public sewer in English Street from Pt. Douglas Road to McLean Avenue, and in McLean Avenue from English Street to approximately 175 feet east of English Street; the following described property to be served by such sewer: ' Y' All of lots 11, 12, 13, 142 15 and 16 of H. N. Granberg's Addition. SECTION The Commissioner of Public Works is hereby authorized to issue a permit to Theodore H. Aichele 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. 2. Said permittee shall pay the cost of engineering and inspection of s aid work, and for the publication of this �y w ordinance. Z W 0 3. The said permittee shall properly protect all exca- vations made in the streets both day and night so as to avoid uall damage or injury to persons or property; shall properly fill 0 and tamp said streets to avoid settling, and shall restore said V streets to their original condition. cc a 4. Said permittee, after the inception of said work, IL shall prosecute'same continuously with diligence, and fully complete said work to the satisfaction and approval of said ,•; Commissioner on�-,or before June 1, 1960. 'V liw r% 5. Said permittee expressly agrees and undertakes to fully indemnify;,and hold harmless the City of Saint Paul, - i` APR 2 L Yeas Councilmen Nays, Passed by the Council DeCourcy Holland Mortinson Tn Favor Peterson Rosen Against Winkel Mr. President (Dillon) Approved: Attest: °F City Clerk Mayor im 7-59 ,8 i �11, OrWinki td City Clerh' PRESENTED BY 0 0 R D I N A N C E 195402.. COUNCIL FILE NO. / ORDINANCE NO. / -2- 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 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 1.44 and found on pages 1 -13 through 1 -17 of said Specification's, 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 afore mentioned provisions shall be in such form as 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 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 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 passage of this ordinance, file a written acceptance thereof with the City Clerk. 9. That said permittee shall immediately file with k the City an inst rument 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. 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 Peterson ' Rosen Winkel Mr. President (Dillon) Attest: City Clerk ire s -59 8 Passed by the Council FEB -1 IM Tn Favor Against Approved: FEB 2I Mayor Duplicate to Printer 'f Council File No. 195402— Ordinance No. ' O R D I N 11665 —By Adrian P. Winkel— 1 Or-,A (Y) An t Theordinance dore nH. Aichele gt permission Corisrct + � o } a public sewer in English Street from Pt. Douglas Road to McLean Avenue, D. and in. McLean Avenue from English- Street to approximately 1175 feet east I / of En lash Street. PRESENTED BY �f¢" This g is an emergency ordinance ;Q. „rPr c]ra.nA -n �..•.•, vSa"v'{•1- '`��a+.- .rp.g.— 's-..— Aa avdinaws granting peral"t n to 'Theodore I. Ai Wuae to con stru at a public Ommr in *glish Street fresa Pt. DougUm Road to Majosan Avenis®, and In McLean Avenue from Bbglish 4treet to aVPftod atW'V 175 feet east of zDaush Streat. ftIO Is an esmergenay wee tendered nee""aury fior the preservatim of the public peaces b lth and "f* W. The it of the .City of O"nt Vanl does ordains flat pere4ssion. end sutbority'sre Eby granted to 1&46 " 9. Aichale to Oonstruct a public War• In Xng$Aah Street frai Vt. Doug)" Ro@4 to McLean Avenue,• a zA in 11aF.ean Ay awn fraat ash ftVwt to approsI=tG17 175 feet G"t 'of Zaga.ish Street; the following de4scribed property to be served by' such ors ' All of lots l.a., 22, 13, 1A, 15 and 3.6 or it. Z Ormtergls A&Utioa, The Condasionar of MlIc : is b*reby authorited to. lathe a pendt to S todore U. Alebele, for the coast et :on Oct 4614 ,upon bls 11amc�e with the followlas coaditioswi, via; 1. Said pe rnitbee iob%U ooastrv4t said seer entirely at its 01M ewe, UWLO r -the VarVitim and to the tatis2'se ti0a of the OcmrUslovar of Public , and in accordawn Vith tbs plans., ate: specificwtIong preapsrsd by b1zo 2. 904 pen ttoe shall p4y tbs exwt of - and Ingection of � aid Vorkp and for the publication of this ardl=mqe• 3,, 2be said pet3,tt e iball prc>lper]y protect all exca - vationx Meade in the street* both day +and night do as to avoid all deacags or i n-lmry to persons or propmClyi Owl properly fill. and t=V said streets to ovoid settling, aad than r"tore said stroets to them' original oondi.tion. k.. laid Peraaitteee, after the inception of said vork, ow I prooedutes cones xith din igvnaee, and fully =Wlete said vork to the waatisfa etion and. qVroval of said Bond ssioner on or before . 1' 196x • 5• laid .perra►lttft WWress4 send. =Aertak es to fliy indamiTy and hold bnvi "s the City of S&int Pwao Yeas Councilmen Nays DeCourcy Holland Mortinson Peterson Rosen Winkel Mr. President (Dillon) Attest: City Clerk 1M 8 -59 u4010.6 Passed by the Council Approved: Mayor Favor Against DaDUate to Printer � ORDINANCE 195402 COUNCIL FILE NO. / PRESENTED BY ORDINANCE NO. (/6 6 S / -2- Its agent$,, offioM# an eaiplvMs frogs etW and ma dam4a, 0164 4 mss, juumoato# 614tAx or ftPeno" arUtng out of or ocoadcna4 by the pearformsa= of the work contaapl.aw by t17lo pexmi.esica and sxrt verity. f. 16- d Oftvdttee 641 not . proceed to construct mi d swc►�r unlesiyit umt l mod pexittew sboU hm fu y 4; - p eid ttM the prow oicros wing insurr " and I*Wwdt aatio cvnta3net4 in tbo 3ft(iaat4oa m for Street and Sever Coslstrac' on in t) L`ity of 004t ftA* said provisions wing red 1.44" wA fowd on Page# 1. "13 . tbrouab IAT of *aid 0060moatiorlio *(vie* or 'r U411 %t0me tics area on file in tip .per it o;r fAblic Work$ and ,ere incorp teed into the term pf this, M AInsuw by reaf'ereg M as If the aams bad been f 1a3.3,q seat (aft! and recited b erei n. SaM proof' of ¢oi®p1iernae ` Vith ti* afore mentioned provisions *Wj be in such 9=m so tbo ftvbrestioot Ownsel of the City of 4aint Fein my direct and said evidowe of campliawo ehe a be fwd, Kith the City Mark of 'the' COW of SaInt Pain. togetbor 'With a copy of tbis oaf. Tot SODA pe'raittee (iW1 f'u vioh a bond to tbo 0iit,�r of Saint t". in the end of rtba � noLlwx (410,.00©) con4tionod to damply Vith *U the t6rw of Wo ordinew WA to ludeswify and sm buwbos nU ftty from elf. lieb$Utyo a judgwottat .suits$ ftAU€ cNirpssi and * that my worus. to persons or property oacationed by tbo =kbg of tio i or arising out of sun. 80 %a sa0 pormitteeei sb&Up Vithin ten deWs after tbw pos of thu "elftnom, file a Vrl tton 840"Ytance tiOx f with the 01ty . 9. That Uld puttee xbsU Immediately, file with the City an Snit rnaseeat Ming to said City an ewmoent Vith rsspeot tO 00 arao bereaiaWore d exoribedj, said Instrmint to be in forms "t4efactox7 to the Corporation tol=* . of t * Otty of ant VW1. We ordln a Is bereby dectUro4 to be an wwrgmcy ordini steered, nec ossery for the proserm:tlon of the pu'b3lQ pewo Yoalthp snd oafety. M316 ordi $W1 take effete and be in fmv* ,frm and after its pu*agep %promld and padilioration.. 21960 Yeas Councilmen Nays Passed by the Council -FEB DeCourcy / Holland Mortinson Tn Favor petettoft- Rosen G Against Dinkel FEB 21960 Mr. Vick Presid ,nt (Peterson} Approve Attest : G� -- City Clerk '�Qt111g Mayor I a • IA 1s •, 2n Laid over to 3rd and app Adopted Y Yeas Lys Yeas Nays DeConrcy DeConrcy Holland Holland Mortinson Mortinson -2etersen —� Rosen Rosen Winkel Winkel Mr P Mr. President Dillon 11 9 8 �4G Saint Paul, Minnesota February 8, 1960 To the Honorable ,tl;;the City Council Saint Paul, Minnesota Gentlemen & Mrs. DeCourcy: I, the undersigneL,'do hereby accept and agree to abide by all the terms and conditions of Council File No. 195402, being Ordinance No. 11665, adopted by the City Council on February 2, 1960. ^ -- V-4 p f f' r Theodore H. Aichele