195422Original to City Cleric
r
PRESENTED BY
i
r
A.O -R D
Council File No. 195422 — Ordinance No.
11666 —By Adrian P. Winkel —
An ordinance granting permission to
the Bisanz Brothers Construction Com-
pany to , construct a public sanitary
sewer in Battle Creek Place from the
sanitary sewer in Upper Afton Road
south approximately 500 feet to the
center of the cullde -sac in Block 1,
Bisanz Brothers Battle Creek Terrace.
This is an emerggdncy ordinance ren-
de1
r�enecessary for the - preservation.
FILE NO
E NO.
An ordinance granting permission to the Bisanz Brothers Construction
Company to construct a public sanitary sewer in Battle Creek Place from the
sanitary sewer in Upper Afton Road south approximately 500 feet to the center
of the cul -de -sac in Block 1, Bisanz Brothers Battle Creek Terrace.
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 Bisanz Brothers .
Construction Company to construct a public sanitary sewer in Battle Creek Place
from the sanitary sewer in Upper Afton Road sou th approximately 500 feet to
the center of the cul-de-sac in Block 1, Bisanz Brothers Battle Creek.Terrace;
the following described property to be served by-such sewer:
All of lots 1 through 23, inclusive of Block 1, Bisanz'Brothers Bsttle
,Creek Terrace.
SECTION 2
The Commissioner of Public Works is hereby authorized toiissue a permit
to the Bisanz Brothers Construction Company for the construction of said sewer,
upon its compliance with the following conditions, viz:
Yeas Councilmen Nays Passed by the Council
DeCourcy
Holland
Mortinson In Favor
Peterson
Rosen A gainst
Winkel
Mr. President (Dillon) Approved:
Attest:
City Clerk Mayor
1M 8 -59 8
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 said work, and for the publication of this
ordinance.
7. ii
3. The said permittee shall properly protect all exca-
vations made in the streets both day and night so,as to avoid
all damage or injury to person or property; shall properly fill
and tamp said streets to avoid settling, and shall restore said
streets to their original condition.
4. Said permittee, after the inception of said work,.
111
shall prosecute-same continuously with diligence, and fully
complete said work•to the satisfaction and approval of said
V
Commissioner on or,before June•l, 1960.
Z
5. Said permittee expressly agrees and undertakes to
-•
fully indemnify and hold harmless the City of Saint Paul,
Yeas Councilmen Nays Passed by the Council
DeCourcy
Holland
Mortinson In Favor
Peterson
Rosen A gainst
Winkel
Mr. President (Dillon) Approved:
Attest:
City Clerk Mayor
1M 8 -59 8
' f
Oriffinal to City Cleric
1
-= -O-R DINANCE
COUNCIL FILE NO.
_ A22
PRESENTED BY-"' ORDINANCE NO. / f L6 (I-)
its agents, officers, and employees from any and all damages,
claims, losses, judgments, suits; or expenses arising out of
or occasioned by ther 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
Specifications, 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 aforementioned 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.
I
8. The said permittee shall, within ten daysafter
the passage of this ordinance, file a written acceptance -
thereof with the City Clerk/
9. That said permittee shall immediately file with
the City an instrument 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 passagg- ,approval, and publication.
Yeas Councilmen Nays
DeCourcy
Holland
Mortinson
Peterson
Rosen
Winkel
Mr-:.President (Dillon) ,..
Attest : .00
City Clerk
ire s s
FEB 31960
Passed by the Council
Favor
Against
Approved: FEB 31960
Qxma�_p <h&
Mayor
Duplicate to Printer -
PRESENTED BY
ORDINANCE
COUNCIL FILE NO
ORDINANCE NO.
195422
4
An ordine>atire granting pormission to the Blse= Brothers Construction
Company to oonstruat a public eenitu7 Sever In Bottle. Creek P1a ft tram tl>e
ounita xy saver in Upper Afton Ro@4 south soroxinately 5oa feet to the center
of the cul- de-sac in Sloeot 1, Us= Brothers, Sattle Crew. dbtrs4e.
Z40 : it an emerpnoy crdinanee r+ red necessary for the preee3xwaUM
of the publ le `pease, heeul th and safety.
She CoUacil of the City* of faint foul, do" OWnt
91=00 1
Mat peralsslon Arad authority axe booby graaad, to Bism Brothers
Cm0truc#tim CoaepaW to e=strvgt a public sanita► 7 air in Battle Creek P3AW*
fxm the sanitary O"er In ft" Afton Joeed sou th oprcadmtely' Sots feet to
the *enter of the in B)=k 1 K*a= Brothers Bottle, Cry col
the following daeribed prWort to be etrv'
by Wwh omftrl
ikll of lots i through 93{ lnclusiv* of Blank l,, Bit= Broth s %tile
Creek Terz%ce.
'he Coaaaissionez► of V0216 'Works is hereby autborixed torissue a permit
to the Bi,w= ,Brothers Ccastrucetiou CompmV for the amstruation of said 6ewe3r,
span, its mil' a nc* with the following conditions, vix;
I. Said pdraeltt" shall comtrtaet said se vor entirely at
Its own 6of VzOir then #gervisioa and to the satl0f+aa-
tien of the Comis4on er of li* Wor*sp and in accorlaa4
with the ply wA eTpeeci fications psvpared by hin.
2. Wd pery ttoo shall pey the eost off' a ineter3ng and
inspection of said eke and for the publication of tbie
ordlMnee.
3 • %e "Id permitteee shall propelrl y protect all ""W*
vations in the #tz1ftts both deny and bl&t to " to avoid,
deeser►ge or Injury to "row or VrqpftJyj OW1: prCW4 gill
=4 odd strssts to av id 04tll,ngp and sballl, restore said
straats to their or4;inal aonditioln.
4. 04d pWnliftfto after thy! Incest, m of Mdd vorkt
NW I prosecute ~ aoartlnua y Vith diligencei and fully
ccoplete said to the satisfaction and approve of said
Ceaniaa�ioner on or before .'Mane 1,1 1960.
5.. Laid permittee eYprat*4.y, ogmes, and lzndsert Aes to
fully indami* and hold bw=1 eh tie City of faint Paul,
Yeas Councilmen Nays
DeCourcy
Holland
Mortinson
Peterson
Rosen
Winkel
Mr. President (Dillon)
Attest:
City Clerk
1M 8 -59 a01P,8
Passed by the Council
Approved:
Mayor
Tn Favor
Against
i
Duplicate to Printer - -
PRESENTED BY
ORDINANCE
COUNCIL FILE
ORDINANCE
•
its aegOnts, of tiem, and eolqbee frau OW and 01 dames,
clams xoesesa judgnente, suits, or expo arising out of
off," oacavlo)*d by then performuze of the York contaVlated by
this pexuiiw 104 aend. authority.
6, Said p*ft tt" iliMU not procasd to co"truet said
sA.wft tuafts and until. *dd pernitteet sfthe.1 bavo ft 117 ccac-
Plied with tbo provision regut[Ing, dnmirsnoe and gift,-
fttioa amt0mod In the oIfteati4'✓11s' for Otr"ti avA r
-Constraationp pin the City of nt �, ea9.d provisions being
nwixtred i e4 xt f oun> on pwo 1-3.3 throalgb 1-17 of said
t14*tfou0$ araples of which Opeolfications are on ftU 2z
the Dep u1nent of P011e Worka and are Incorporated into the
tam of thim, - ordinance by Weramte at it the game hakg. bww
f1423,1y "t ' out and reaitpd her*liu kid proof of c
oath the sfoxawnti.oned provitIong Mall be In -such form 44
Coxporstion Cmusel of the City of taint Sul ww direct
and said evi dewe of ecVllanca 041 be filed with the
City Clerk of the City of Saint Paul: tog6theer with a copy-
of tbio o dt ance.
7, add .perxittee ashaU f=uish a bond, to the ft t7 of
saint ft4 in the stem cc Ibn vwusard Dollars (410,000)
conditicned to fly v1th all tbom term of this ordimaco
and to indemnity and. s4vee harmloo GOA City frgm Au
13ab9:Myt R.ose,. judgwnt L; enitet cottii, cghasge*,* and exponm
that lacy e,4orua to Vftvom or prcpesrty occasioned by the zeUn g
oat the ioroyftmt or arising out of so**.
Sa 2he sod perodtt6e, ems« withia ton due after
the passage of this MUMUC* , file a tt*n, 000arptUa0
thereof with the City Clark
9. ' t 04d. pe tt" sb%U ine odia 3y Xi3A with
the City an In tr t granting to said City an ant
with retpeet to the areas hemiWmfore described, said.
instant to be In forffi oat ktactory to tba O poratiou
Cot=e1 of tbeoity of wat fta.
04s ordivange Is hereby declared to be an amorgenay ordinaace
rendered 4OWWWWY fob' the pra4xVatioan of the public puce, heal'tha sand.
"X*tY#
mais ord,3na owl wo +meet and be in fore* frca and after
its palsstgei,,approvv1i :end, pvblicaition.
FEB 31960
Yeas Councilmen Nays Passed by the Council
DeCourcy
Holland
Mortinson In Favor
Peterson
Rosen Against
Winkel
Mr. President (Dillon) FEB 31960
Approved:
Attest:
City Clerk Mayor
1M 8 -59 8
February 8, 1960
Saint Paul, Minnesota
To the Honorable, the City Council
Saint Paul, Minnesota
Gentlemen & Comsr. DeCourcy:
We, the undersigned, do hereby accept and agree to abide by all
the terms and conditions of Council File No. 195422, being
Ordinance No. 11666, adopted by the Council on February 3, 1960.
ORIGINAL
TO PAYOF;
RECEIVED OF `
d2'a
r
m .-si
17 . ,o .
CITY OF SAINT PAUL
OFFICE OF THE COMPTROLLER
RECEIPT
NQ 1179
1s -4�o
100
/6"'X D
S�/-vv _ &d . //,,� 4�
CITY COMPTROLLER
BY Xpa7clvt
!' 1s I 2n,, dv�
Laid over to
3rd and app 1 Adopt V3
Yeas , Nays Yeas Nays
DeConrcy DeConrcy
Holland �Holland
Mortinson Mortinson
-peberemr— Peterson
Rosen Rosen
Winkel Winkel
-'Mr, IFFERMHEWBM� Mr. President Dillon
8