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198050OriIIln�l to Cite Cleric iCouncil File No. 198050— Ordinance No. 1179B —By Robert F. Peterson, by 1 O R D I N ,A, request - � An ordinance granting permission to Roy W. Baber to construct a public sew � �� sewer in Abell Street from Maryland Avenue to Hawthorne Avenue, and in Hawthorne Avenue from Abell Street to 135 feet east of Abell Street. This is an emergency ordinance rendered PRESENTED BY necessary for the preservation of the public peace, health and safety. An ordinance granting permission to Roy W. Baber to construct a public sewer in Abell Street from Maryland Avenue to Hawthorne Avenue, and in Hawthorne Avenue from Abell Street to 135 feet east of Abell 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 DOEORDAIN: Section 1. That permission and authority are hereby granted to Aoy W. Baber to construct a public sewer in Abell Street from Maryland Avenue to Hawthorne Avenue, and in Hawthorne Avenue from Abell Street to 135 -Feet east of Abell Street, the following described property to be served by such sewer: Lots 19 through 24, Block 1, Dawson's 4th Addition. Section 2. The Commissioner of Public Works is hereby authorized to issue a permit to Roy W. Baber for the construction of said sewer, upon his compliance with the following conditions, viz: 1. Said permittee shall construct said sewer entirely at his own expense, under the supervision and to the satisfaction of the Commissioner of Public Works, and in accordance with the plans and specifi- cations prepared by him. 2. Said permittee shall pi: ay cost of engineering and inspection of'said work, and for the publication of this ordinance. 3. Said permittee shall properly protect all excava- tions made in the streets both day and night so as to avoid all damage or injury to persons or property; shall N properly fill and tamp said streets to avoid settling, Z and shall restore said streets to their original condition. 4. Said permittee, after the inception of said work, Z shall prosecute same continuously, with diligence, and 0 fully complete said work to the satisfaction and approval ~ of said Commissioner on or before October Ali-; 1960. a 5. Said permittee expressly agrees and undertakes rd 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 expense arising out of or occasioned by the performance of the work contemplated by this permission and authority. Yeas Councilmen Nays Passed by the Council DeCourcy Holland Loss In Favor Mortinson Peterson Against Rosen Mr. President (Vavoulis) Approved: Attest: City Clerk Mayor IM 5 -60 a 8 - Orisinal to City Cleric 6 - ORDINANCE (�Q COUNCIL FILE NO. l,7lJ��i4! (� PRESENTED BY ORDINANCE NO. 6. Said permittee shall not proceed to con- struct said sewer 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 Con- struction dated April 1, 1959, Section 1.44 and found on pages 1 -13 through 1 -17 of said Specifi- cations applicable to constrictors. For the purposes of this ordinance the aforesaid section of said Specifications 1.44 shall be read as though the word ''permittee" were substituted for the word "contractor" 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 incofporated herein by reference as fully and as completely as if set forth herein verbatim. Proof of compliance with the provisions of the afore- said Section 1.44 shall be in such form as the Corpor- ation Counsel of the City of Saint Paul may direct, and the documents required by the aforesaid Section i . 1.44 shall, after submission to the Corporation Counsel, be filed in the office of the Comptroller of the City of Saint Paul. 1. =7. Said'permittee shall furnish a bond to the Citya;of Saint Paul in the sum of $10,000 conditioned to comply with all the terms of this ordinance and to indemnify and save harmless said City from all liability, loss, judgments, suits, costs, charges, and expense that may accrue to persons.or property occasioned by the making of the improvement or arising out of the same. 8. Said permittee shall, within 10 days after the passage of this ordinance, file a written acd.ept- ance thereof with the City Clerk. Section 3. This ordinance is hereby declared to be an emergency ordinance rendered necessary for the preservation of the public peace, health and safety. Section 4. This,, ordinance shall take effect and be in force upon its passage, approval and publication. Yeas Councilmen Nays DeCourcy Holland Loss Mortinsan %1 Peterson Rosen Mr. President (Vavoulis) r Attes City Clerk lm b -60 8 AUG 21M® Passed by the C until Tn Favor c A gainst Approved: 4K AUG 2 IWO r� Mayor Duplicate to Printer ORDINANCE COUNCIL FILE NO. 198050 PRESENTED BY ORDINANCE NO. 76 An ordinance granting permission to Roy W. Baber to construct a public sewer in Abell Street from Maryland Avenue to Hawthorne; Avenue$ and in Hawthorne Avenue from Abell Street to 135 feet east of Abell Street. This is an emrrgency ordinance rendered necessary for the preservation of the public peaceo health and safety. THE COUNCIL OF THE CITY OF SAINT PAUL DOES HDAINS Section 1. That permission and authority are hereby granted to 4oy U. Baber to construct s public sewer in Abell Street from Maryland Avenue to Hawthorne Avenue, and in Hawthorne Avenue from Abell Street to 135 Feet east of Abell Street, the following described property to be served by such sewer! Lots 19 through 24f Block 10. Dawson's 4th Addition. Section 2. The Commissioner of Public Works is hereby authorized to issue a permit to Boy W. Haber for the construction of said sewero upon his compliance with the Following conditions, viz$ 1. Said permittee shall construct said sewer entirely at his own expense under the supervision and to the satisfaction of the Commissioner of Public Works, and in accordance with the plans end specifi- cations prepared by him. 2. Said permittee shall pay the, cost of engineering and inspection of ,,side work, and, for the publication of this ordinance. 3. Said permittee shall properly protect all ekeava tions made in the streets both day and night so as to avoid all damage or injury to persons or property; shall, properly fill and tamp ssid streets to avoid settling and shall restore Bald Ftreetrs to their original condition* 4. Said permitteet after the inception of said work# shall prosecute same continuouslyo with diligence# and fully complete said work to the satisfaction and approval of said Commissioner on or before October 10 1960. 5. Said permittee expressly agrees and undertakes to fully indemnify and hold harmless the City of Saint Paul, its agents officersp and employees from any and all damageso clams, losses, judgments9 suits, or expense arising out-of or occasioned by the performance of the work contemplated by this permission and authority* Yeas Councilmen Nays DeCourcy Holland Loss Mortinson Peterson Rosen Mr. President (Vavoulis) Attest: City Clerk IM 6-so 8 Passed by the Council Approved: Mayor Tn Favor Against ` Duplicate to Printer , �. - ORDINANCE PRESENTED BY COUNCIL FILE NO. ORDINANCE NO. 6. Said permittee shall not proceed to con- struct said sewer unless and until said permittee shall have fully complied with the provisions regarding insurance and.indemni.fication contained in the City of Saint Raul. Department of Public Works Specifications for Street and Sewer Con - struction dated April 1* 1959, Section 1.44 and found on pages 1 -13 through 1 1017 of said Specif - cations applicable to conatmtors. For the purposes of this ordinance the aforesaid section of said Specifications 1.44 shall be read as though the word ",permitter" were substituted for.the word "contractor" wherever the same appears i.n the hforesaid Section. 1..44, Said Section 1044 of the Specifications for Street and Sewer Construction in the City of Saint Paul is hereby incot0porated herein by reference as fully and as completely as if set forth herein verbatim, Proof of compliance with the provisions of the afore- said Section 1.44 shall be An such form as the Corpor atiori Counsel of the City of Saint Paul may direct] and the documento required by the aforesaid Section L. 1.44'shall, after submission to the Corporation Counsel* be filed in the off:lue, of the Comptroller of the City of Saint Paul; 76 Said permitted shall furnish a bond to the City of Saint Paul in the sum of $1.0;,000 conditioned to comply with all the terms of this ordinance and to indemnify and save harmless said City from all liability# Loss* judgments,. outgo costs* charges and expense that may accrue to persons or property occasioned by the making of the improvement or arising out of the same. 8, Said permittee shall* within 10 days after the passage of this ordinanoei file a written acdept -- ance thereof ,with the City Clerk. Section 3. 1'hi:s ordinance fs hereby declare& to be an emergency ordinance rendered necessary for the preservation of the public peace, health and safety* Section 4* 'TbAs ordinance shall take effect and be in force upon its passage, approval and publication. Yeas Councilmen DeCourcy Holland Loss Mortinson Peterson Rosen Mr. President (Vavoulis) Attest: City Clerk IM s -so s AUG 2194 Nays Passed by the Council n Favor Against Approved: AU V 2 Mayor Saint Paul, Minnesota. August 8, 1960. To the Honorable, the City Council Saint Paul, Minnesota. Gentlemen and Madam: We, the undersigned, do hereby accept and agree to abide by all the terms and conditions of Council File No. 198050, being 6rdinance No. 11796, adopted by the Council on August 2, 1960. 1st '- 2n 7/ Laid overt 7 8 3rd and, app Adopted Yeas Nays Yeas Nays DeCourcy DeCourcy Holland Holland Loss Loss Mortinson Mortinson Peterson J Peterson Rosen Rosen Mr. President Vavoulis Mr. President Vavoulis 8 108050