197807Orisinal to City Clerk
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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