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194655Original to City Clerk _ FRrednecessary l File No. 194655 — Ordinance No. _ • O R D I N' By Adrian P. Winkel— ,9(''+� rdinance granting permission to -- 94655 F. -Olson to construct a slope In alley in Block 2 Paul Martin's ition to the City of nc Paul. r ec emergency ordinance ran- ecessary £or the pres ervation PRESENTED BY ublic peace, health and safety. ouncil of the City of Saint Paul Does Ordain: :�.. -�� �..7•.r.nom. t..�. _,,.�..._ _ . - An ordinance granting permission .� to 1Kelvillo� * Olson to construct a slope in the alley•in Block 2, -- _ Paul Martin's lst Addition to the Oi ` • ty. of St. Paul. This is an emergency ordinance rendered necessary for i 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 Melvin F. Olson, 3901 Dellview Avenue, Saint Paul 12, Minnesota, to construct a slope in the alley in Block 2, Paul Martin's 1st Addition to the City of St. Paul, from Sidney Street 170 feet more or less west, as shown on the plans and specifications therefor on file in the Department of Public Works -� of the City of Saint Paul. , Section 2. Said permission and authority are granted subject-to the aforementioned permittee's payment of the engineering and inspection costs necessarily;-incurred in drafting said plans and specifications, and further subject to said permittee's expressed promise to undertake said- construction in faithful and full compliance with the plans and specifications of the Department of Public Works before mentioned. Section 3. Said permittee shall furnish to the City of Saint Paul a performance bond in the amount of at least $10,000, as well as a surety bond also with a penal sum of at least $101000, conditioned to protect and save harmless the City of Saint Paul from any and all judgments, claims, losses, or damages arising out of or occasioned by the construction envisaged by this ordinance, in such form as shall be approved by the Corporation Counsel of the City of Sai" rlt Paul and with such sureties as shall be approved by the Commissioner of Finance of .the City of Saint Paul. Section 4. Said permittee shall, prior to the commencement of any mss. construction authorized and permitted by the terms of this ordinance, fully comply with all insurance and indemnification* provisions contained in the - "-" Specifications for Street and Sewer Construction in the City of Saint Paul, which provisions are numbered as Section 1.44 of said Specifications and are t� a found on pages 1 -13 through 1 -17 of said Specifications, and said permittee o shall furni sStl. proof of such compliance in such form as may be required by the a > Corporation Counsel of the City of Saint Paul, which proof of compliance shall p_ be filed with the City Clerk of the City of Saint Paul together with a copy N, U of this ordinance. The provisions of said Specifications for Street and Q Sewer 6onstruction in the City of Saint Paul are incorporated her=ein and made � a a part hereof as though fully recited and contained herein. Section 5. This ordinance is hereby declared to be an.emergency n� ordinance rendered necessary for the preservation of the public peace, health, , J� and safety. - I Section 6. This ordinance shall tale effect and be in force from and after its passage, approval, and publication. -- '� DEC 3 1959 Yeas .,orff Nays Passed by the Council ourcy and V�V tinson Tn Favor on s Against t Winkel �Mr. President (Dillon) DEC 3 1959 ., Approved: Attest: i � City Clerk Mayor iM s FTJBLISHED - _ a t Duplieste to Printer PRESENTED BY ORDINANCE COUNCIL FILE NO. ORDINANCE NO An ordinance granting permission to Melvin?. Olson to construct a slope in the alley in Block 2, Paul M artint s let Addition to the City of St. Paul. 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 ORDIaN t f I l 1­0 Section 1. That permission and authority are hereby granted to Melvin F, Olson, 3901 Dellview Avenue, Saint Paul 12, Minneeota, to construct a slope in the alley in Block 2, Paul Martin's let Addition to the City of St. Paul, from Sidney Street 170 feet more or less west, as shown on the plans and specifications therefor on file in the Department of Public. Yorks of the City of Saint Paul. Section 2. Said permission -and authority are granted subject to the aforementioned permittee'o payment'of the engineering and inspection costs necessarily incurred in drafting sP,id plans and specifications, and further subject to said permittee's expressed promise to undertake said constructions iii faithful and full compliance frith the plans and specifications of the Department of public Works before mentioned. Section 3.. Seid permittee shall furnish to the City of Saint Paul a performance bond in the amount of at least ~10,000, as well as a surety bond also with a penal stun of at least "M,000, conditioned to protect and sage harmless the City of Saint Paul from arty and all judgments, claims, losses, or darirges arising out of or occasioned by the construction envisaged by this ordi:aanee, in such form as shall be approved by the Corporation Counsel of the City of Saint Paul and with such sureties as shall be approved by the Commissioner of Finance of the City of Saint Paul. Section 4. Said permittee shall, prior to the commencement of any construction authorized and permitted by the terms of this ordinance, fully comply with all inourance and indemnification provisions contained in the Specifications for Street and Sewer Construction in the CitV of Saint Paul, which provisions are numbered as Section lo44 of said Specifications end are found on pages 1-13 through,1-17 of said Speci.fi.cationsy and said permittee shall furnish proof of such compliance in such form as may be required by the Corporation Counsel of the City of Saint Paul, which proof of compliance shall be filed with the City Clerk of the City of Saint Paul together with a copy of this ordinance. The provisions of s^id Specifications for Street and Sewer 69nstruetion in the City of Saint Paul are incorporated berein and made a part hereof as though fully recited and contained herein, � Section 5. This ordinance is hereby declared to be an, emergency ordinance rendered necessary for the preservation of the public peace, health, ane. safety. Section 6. This ordinance shall take effect and be in force from and after its passsge, approval, and publication. Yeas Councilmen Nays Passed by the Couneih r n o W59 DeCourcy Holland Mortinson Tn Favor Peterson Rosen Against Winkel DEC 3 1959 Mr. President (Dillon) Approved: Attest: City Clerk Mayor 8 Saint Paul, Minnesota December 8,1959 To the Honorable, the City Council Saint Paul, Minnesota Gentlemen & Comsr. DeCourcy: I, the undersigned, do hereby accept and agree to abide by all the terms and conditions of Council File No. 194655, being Ordinance No. 11620, adopted by the Council on December 3, 1959• Melvin F. Olson�s. L(Xion donstauetion 67o, ST. PAUL 13, MINNESOTA - W=44W A October 14, 1959 Nr Melvin F. Olson ( i 39;1 Dellvi. e1w Avenue i St. Paul 12, "Ki;nnesota L Dear wOirs t The grading which has taken place in the area between Fast Sidney End Last Curtice "#wets at the rear of the premises commonly known as 484, 480 and 4760 has been brought to the attention of this office. We•have also been stint copies of two letters of Burtin A.. Shay, one addreseed to yourself and dated September 30, 1959, and the other 'addressed to the Department of Public Vorks and dated October g. Aa"you• cannot but be. aware, par£ of the area in which the excavation was done is a public alley held in trust by the City of Saint Paul for the use of the public. Any vprk in this Frea is expressly prohibited by the applicable lairs and ordinances, hence is a matter giving rige to concern by those charged with the enforcement of the laws and ordinances. L-111111 We ask that you come in to this office on the 16th of Pn October at 2 o1clock in the afternoon in order that we may discuss his situation with you before initiating any action on the part of e City. If this time is so inconvenient as to be impossible, Aiat please contact the writer in order to arr9nge another time. The`matter t is pressing and we a:sk that you cooperate with us by meeting with us at the earliest possible date. Yours very truly, Terrance S. O +Toole Assistant Corparatiqp Counsel Tic- rc (!P�1-14-"' ls) /9Go -1916 � 9 , PHONE: CA 2.6984 BURTIN A. SHAY ATTORNEY AT LAW 000 NBW YORK BUILDING SAINT PAUL I October 8, 1959 Department of Public Works City of Saint Paul 234 City Hall and Court House St. Paul 2, Minnesota y Attention Mr. Gregg Beckett Be: Alley at East Sidney and East Curtis Streets Dear Mr. Beckett: I enclose herein a copy of my letter of September 30, 1 last, written to Mr. Melvin F. Olson which speaks for itself. Mr. Olson has not contacted me in any manner whatsoever, and it would appear that he is ignoring my letter, Therefore, would you be kind enough to refer this matter to the proper authorities for necessary action in the premises. Whatever you can do will be very much appreciated by myself as well as my clients, Mrs. Rabanus and Mrs. Gonzalez. If there is anything that you want from me further, or my k clients, kindly call me. Thanking you kindly, I remain Yours truly, TIN A. Y r CC to Mrs. Ivan Rabanus and Mrs. Robert Gonzalez 477 East Curtis Street 481 Curtis Street St. Paul, Minnesota St. Paul, Minnesota I COPY - 'NONc CA. 2•63V4 BURTIN A. SHAY ATTORNEY AT LAW •O■ N[W YORK BUILDING SAINT PAUL I September 30, 1959 Mr. Melvin F. Olson 3901 Dellyiew Avenue St. Paul 12, Minnesot /Dear Mr. Olson: I have been retained by Mrs. Ivan Rabanus of 4?7 East Curtis Street and Mrs. Robert Gonzalez of 481 East Curtis Street, both of St. Paul, in connection with your excavating a great deal of clay and sand in the rear of their homes on East Sidney Street, where you apparently have in mind making an alley. I surveyed your operations in connection therewith yes- terday, and I have also been in touch with the Public Works Department of the City of St. Paul. I have been informed that you did not make an application for an ordinance to build this alley in compliance with the ordinance of the City of St. Paul, so made and provided. You are apparently attempting to build a wall using logs or ties as support, but this has been stopped by the Depart- ment of Public Works, so I am informed. It is of vital importance to you to get in touch with me promptly and enter into an agreement to build an alley in said place that will pass the inspection of the City of St. Paul. If I fail to hear from you by Friday of this week, October 2, it will be necessary for me to refer this whole matter to the. Department of Public Works who most likely will place the matter in the hands of the City Attorney in order that a proper and sufficient alley be built. Yours very truly, BURTIN A. SRAY CC to Mrs. Ivan Rabanus and Mrs. Robert Gonzalez 477 East Curtis Street 481 Curtis Street St. Paul, Minnesota St. Paul, Minnesota ORIGINAL TO PAYOR OF Soo FSt 1_ CITY OF SAINT PAUL OFFICE OF THE COMPTROLLER RECEIPT N4 - -1169 too Li �6Ef CITY COMPTROLLER ;::-5� BY�I i/ /` -41 I ` 2n ` Laid over to 3rd and app dopt Yeas Nays eas Nays Holland - Mortinson `Peterson Rosen \ Winkel Mr. President Dillon �\DeConrcy Tolland ortinsoi eterson "itosen \ \Winkel Mr. President s 194��5