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197807Orisinal to City Clerk .i " �*_Vbl PRESENTED BY _ 1 IN Council FileeY Milton en 197807—Ordinance No. An ordinance granting permission to Bisanz Development Company to rough grade White Bear Avenue from Upper Afton Road south to Pullman Avenue. This is an emergency ordinance ren- dered necessary for the preservation of the public peace, health and safety. k The Council of the City of Saint Paul { Does Ordain: SECvii?N 1 38 e^ 0. 197ou i 0.—;' /'� An ordinance granting permission to Bisanz Development Company to rough grade White Bear : Avenue from Upper Afton Road south to Pullman' 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 given to Bisanz Bros. Development Company to rough grade White Bear Avenue from Upper Afton Road south to Pullman Avenue, and the Commissioner of Public Works is hereby authorized to issue a permit therefor to said Bisanz Bros. Development Company upon its compliance with the followin& conditions, viz: l.` Said permittee shall rough grade said street entirely at its own cost and expense, and to the satisfaction and under the supervision of the Commissioner of Public Works, and in accord- ance with plans and specifications of the Depart- ment of Public Works. 2. Said permittee shall pay the cost of engineering and inspection, %and also`the cost of publication of this ordinance. 3. Before entering upon or doing any of said work, said permittee shall procure from the abutting owners such easements in and to the abutting property as may be necessary for slopes, cuts and fills, and shall obtain a written release from such owners, releasing and discharging the City from any and all damages by reason of the rough grading of said streets. 4. Said permittee, after the inception of said work, shall prosecute -the same continnusly, with diligence, and complete said work on or before July 309 1961. 5. Said permittee shall furnish a bond of X10,000 to the City of Saint Paul, conditioned -' to comply with all the terms of this ordinance, and to indemnify and save the City harmless from any and all loss, liability, judgments, suits, costs; charges, damages or expense that may accrue to person or property occasioned by the rough grading of said street. Yeas Councilmen Nays Passed by the Council % DeCourcy Holland ' Loss ' In Favor Mortinson Peterson Rosen Mr. President (Vavoulis) Atte City Clerk �uL 41960 1M 6 -60 ,, qJEqoD8 Against Ori¢inill to City Clerk .4 ` V 'ORDINAN'CE ' COUNCIL FILE NO. PRESENTED BY ORDINANCE' NO. r � 6. Said permittee shall not proceed to rough grade said street unless and until said permittee shall have fully complied with the provisions regarding insurance and indemnification contained in the City of Saint Paul Department of Public Works Specifications for Street and Sewer Construction, dated April 1, 1959, Section 1.44 and found on pages 1 -13 thru 1 -17 of said Specifications applicable to contractors. For the purposes of this ordinance, the aforesaid section of said Specifications numbered 1.44 shall read as though the word "permittee') were sub- stituted for the word "contractor" wherever the same m ears in the aforesaid Section 1.44. Said Section of the SPecifications for Street and Sewer Con- struction in the City of Saint Paul is hereby incor- porated herein by reference as fully and as completely as if set forth herein verbatim. Proof of compliance with the provisions of the aforesaid Section 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 th@ City of Saint Paul. 7. Said permittee exprestly agrees and undertakes 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 per- mission and authority. 8. Said permittee shall, within 30 days after the passage of this ordinance, file a+ritten acceptance thereof with the City Clerk. 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 Passed by the Co cH DeCourcy Holland Loss -In Favor Mortinson v Peterson ___ Against imMr. President (Vavoulis) �UL 141960 r Approve Attes City Clerk J Mayor 154 5 -60 ,8 „. 1 Duplicate =.o Printer PRESENTED BY -4-• ` ORDINANCE COUNCIL FILE ORDINANCE NO. 1_9 9 8O NO. // An ordinance granting permission to Bisanz Development Company to rough grade White Bear Avenue from Upper Afton Road. south to Pullman Avenue! This is on emergency ordinance rendered necessary for the preservation of the public peacat health and safety THE COUNCIL OF THB CITY OF SAINT PAUL DOES ORDAIN= Section 1. That permission and authority are hereby given,to Bieanz Bros# Development Company to rough graded White Bear Avenue from Upper Afton Road south to Pullman Avenue and the Commissioner of Public Works is hereby authorized to Issue a permit t1jerefor to said Bisanz Bros... Development Company upon its dompj, ance with. the following conditions, viz: 10 Said perm�ttee shall, rough grade said street entirely at its own cost and expense, and to the satisfaction and under the supervision of the Commissioner of Public Works; and in accord- ance with plans and specifications of they Depart- ment of Public Works. 2. Said pirmittee shall pay the cost of engineering and Inspection, a -and. also the cost of publication of this ordinance. 3. Before entering upon or doing any of said Mork, said permittee shall procure from the abutting owners such easements in and to the abutting property as may be necessary for slopes,, cuts and fillet and shall obtain a written release from such ownersr releasing and discharging the City from any and all damages by reason of the rough grading of said streests4 4* Said permittee,, after the inception of said work, shall prosecuin the same contirmuslr, with diligence# and complete said work on or before July 30* 1961, 5. Said pO mittee shall furnish a bond of $100000 to the City of Saint Paul, conditioned to comply with all the terms of this ordinance$ and to indemnify and save the City harmless from any and all loss, liability$ judgmentsi suitst costsp, charges,, damages or expense that may accrue to person or property occasioned by the rough grading of said street. Yeas Councilmen Nays Passed by the Council DeCourcy Holland Loss Tn Favor Mortinson Peterson A gainst Rosen Mr. President (Vavoulis) Approved: Attest: City Clerk 1M s -so s Mayor Duplicate to Printer PRESENTED BY 'ORDINANCE COUNCIL FILE NO ORDINANCE NO. P V1 6o Said permittee shall not proceed to rough grade said street unless and until paid permittee shall have fully complied with the provisions regarding insurance and Indemnification contained In th ®' City of Saint Paul Department of Public Works Specifications for 34reet and Sewers Construction# dated April It 1959 Section 1,* 44 and f ppnd. can pages 1.,13 thru 1 "i? of ;Id Specifications appItcable to contractas� For the{xrposes of this ordinances the aforesaid section of paid Specifications numbered 1 *.44 shall read as thous they word "permittee" were sUb;o, otituted for the word roontractor" wherever the same ap ears, in the aforesaid Section lo44,k Said Sectiori 1. Of the SPecif- loations for Street and Serer Con - struotion in the City of Saint'Paul is hereby incor- porated herein by reference as fully and as completely as if set forth horein verbatim* Proof of compliance with the provisions of the aforesaid Seotian 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 ohall# after submission to the Corporation, C unselr be filed in the office of the Comptrc�l.l,p, of th City of Sain"� Paul. ,.,. ?. Said permittee exprestly agrees, and undertakes, to fully indemnify and hold harmless the City of Saint Paul its agents, offte'ers and employees from any and all damages# claims# losses# judgments suits #: or expenses arising out of or oacasione& by the performance of they stork contemplated -by this per.., mission and a�:thority. Hr Said permittee shall# within �0 days. after the paseage of this brdlnancel, file anwritten acceptance thereof with the City Clerk, Section 2 This ordinance is hereby declared to be an emergency ordinMee 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 DeCourcy Holland Loss Mortinson Peterson Mr. President (Vavoulis) Attest: City Clerk 1M 6 -60 Offlpo Nays Passed by the t til Tn Favor Against JUL 141960 Approved: Mayor 1 170 7 July 18, 196o Saint Paul, Minnesota To the Honorable, the City Council Saint Paul, Minnesota Gentlemen & Mrs. DeCourcy: 'r 1 1 We, the undersigned, do hereby accept and agree to abide by all the terms and conditions of Council File No. 197807, being ordinance No. 11787, adopted by the Council on July 14, 1960. s is 2n Laid over to �f 3rd and app Adopted` Yeas Nays Nays eas DeCourcy eCourcy Holland olland Loss Loss 4wA r.� ortinson Peterson terson Rosen {teeen� Mr. President Vavoulis Mr. President Vavoulis s - 19,7807