197572[tl
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Original to City Clerk ,
ORDI
PRESENTED B
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File No. 197572—Ordinance
-By Mllton Rosen-
An ordinance amending Ordinancel
No. 11737, entitled: NO.
"Pan ordinance granting permission
to The Guardian Company, Inc. and
the Berland Construction Company to
rough grade Dellridge Avenue from NO.
197572
An ordinance amend=ing Ordinance No. 11737, entitled:
"An ordinance granting permission to The Guardian
Company, Inc. and the Berland Construction Company to
rough grade Dellridge Avenue from McKnight Road to
Kipling Street, Kipling Street from Dellridge Avenue
to Upper Afton Road; and to construct, maintain and
operate a public sanitary sewer in Dellridge Avenue
from McKnight goad to Kipling Street; in Kipling
Street from Dellridge Avenue to Upper Afton Road, and
in Upper- -Afton Road from Kipling Street to McKnight
Road. TDis is an emergency ordinance rendered necessary
for the preservation of the public peace, health and
safety."
approved May 31,
necessary for the
safety.
1960. This is an emergency ordinance rendered
preservhtion of the public peace, health and
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section 1. That Ordinance No. 11737, approved May 31, 19609
is hereby amended in the following particulars: That where the
language nand to construct, maintain and operate a public sanitary
sewer'' appears in the title and in Sec tion 1 of said Ordinance No.
11737, the same shall be stricken and the following language shall
be inserted therein in lieu and irEtead of the stricken language:
"and to construct a public sanitary sewer ", and where the language
"and construct, maintain and operate said.public sanitary sewer"
appears in Section 2, paragraph 1 of <the same, such language shall
be stricken therefrom and the following language "and construct
said public sanitary sewer" shall be inserted-therein in lieu of
said stricken language; and that the following language "within ten
days after the passage of this ordinance" contained in said Section
2 of said Ordinance, Paragraph 9, shall be stricken therefrom and
1W the following language she ,ll.. be inserted therein in place and
z instead of said stricken language "within ninety days after the
o passage of this ordinance ".
v
zo Section 2. This ordinance is hereby declared to be an
emergency ordinance__rendend� necessary for the preservation_of. the_ ._- _
public peace, health grid safety. • _
0
0 Section 3. This ordinance shall take effect and be in force
W. upon its passage, approval and publication.
Yeas Councilmen Nays
DeCourcy
Holland P� -
Mortinson O
Peterson
Rosen
Mr. President
Attest
City Clerk
1M 8 -59 8
JUN 2 9 1960
Passed by the Council
Tn Favor
A gainst
Approved:
JUN a 9 iy60
Mayor
Duplicate to Printer
PRESENTED BY
ORDINANCE
COUNCIL FILE NO.
197572
ORDINANCE NO. /
An ordinance amending Ordinance No:. 117379. entitled$
"An ordinance granting permission to The Guardian
Companyi Inc. and the Berland Construction Company to
rough grade Dellrisige Avenue from McKnight Road, to
Kipling Street, KiplIng Street from Dellridge Avenue
to Tipper Afton Roads and to construct - maintain and
operate a public sanitary sewer In Deflridge Avenue
from McKnight Road to Kipling Street; in Kipling
Street from Dell'ridge Avenue to Tipper Afton Road* and
In 'Uipper -- Afton, goad from Kipling Street to McKnight
Road: T is'is an emergency ordinance rendered necessary
for the Preservation of the public peace, health and
safety. 01
41
approved May 319 1960. This is an embrgency ordinance rendered
necessary for the preservation of the public peace,, health and
safety.
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAINI
Section 1. That Ordinance No,# 11737., approved May 31, 1960s
Is hereby amended iii the following particulars*, That where the
language land to construct, maintain and operate a public sanitary
sewer" appears in the title and in Sec tion 1 of paid Ordinance XoW
11737; the same shall be stricken and the following laiaguage shall
be inserted therein in lieu and inl,ead of the stricken languages
"and to construct a public sanitary sewer ", and where the language
"and construct maintain and operate said public sanitary sewer*
i
appears in Section 2f paragraph 1 of the same, such language shall
be stricken therefrom and the following language "and construct
said public aanitary sewer" shall be inserted therein in lieu of
said stricken language$ and that the following language "within, ten
days after the passage of this ordinance" contained in said Section
2 of said Ordinance,$ Paragraph 90 shall be stricken therefrom and
the following language shall be inserted therein in place and
instead of said stricken languages "within ninoty days after the
passage of this ordinance ".
Section 24 This ordinances is hereby declared to be an
emergency ordinance rondexed necessary for the preservation of the
public peaceo health and safety.
Section 3; This ordinance shall take effect and be in force
upon its passage,,k approval and publication,.
Yeas Councilmen Nays
DeCourey
Holland
Mortin
Peterson
Rosen
Mr. President.
Attest:
City Clerk
1M 8 -59 s
Passed by the Counci
Approved:
JUN 2 9 1960
In Favor
v Against
JUN 29 1960
Mayor
HAROLD SHEAR
THOMAS J. ROONEY
SHEAR & R O O N E Y
ATTORNEYS AT LAW
544 MINNESOTA BUILDING
ST. PAUL 1, MINN.
CAPITAL 4 -3361
July 5, 1960
Clerk of the City of St. Paul
386 City Hall
Court House
St. Paul 2,. Minnesota
Gentlemen:
Re: Ordinance 11737
/ f 7 1- 7
NO. ST. PAUL OFIICEE
17 7TH AVE. N.E.
SP. 7-3070
We have filed a bond pursuant to the terms of this
Ordnance and are writing this letter to give you our acceptance
of the terms of this Ordinance.
The Ordinance provided that the licensees were to
construct, operate and maintain the public sanitary sewer. The
insertion of the words Pmaintain and operate" in paragraph 1 of
the Ordinance are evidently an eiriror in the preparation of this
Ordinance.
It is contemplated that. as soon as this sewer is constructed
it be turned over to the City for operation and maintenance;: Mr.
Sheahan of the City Attorney's Office has been notified of this by the
Public Works Department and is preparing an amendment, deleting
the words "maintain and operate" from the Ordinance.
BERLAND CONSTRUCTION COMPANY
BY
Sec eta y
HS /mr
1st- 2n
Laid over to
3rd and app Adopte v
Yeas Nays Yeas Nays
DeCourcy DeCourcy
HollaTkd y Holland
Loss Loss
Mortinson Mortinson
Peterson Peterson 1(0
Rosen Rosen
Mr. President Vavoulis Mr. President Vavoulis
8
19'7572