193416i
rislnsl to City Clerk
t
ORDINANCE �• ��
COUNCIL FILE NO.
PRESENTED BY Ile ORDINrCE_N0
' Council File No. 193416— Ordinance No.
1 ' 11550 —By Adrian P. Winkel —
An ordinance to permit and Regulate
the SurfacinQ.of_P_ublic, Propertv be-
AN ORDINANCE TO PERMIT AND REGULATE THE SURFACING OF PUBLIC - "PROPERTY BETWEEN' " -p "
CURB LINE AND SIDEWALK WITHIN THE CITY OF SAINT PAUL. THIS IS AN EMERGENCY ORDIN-
ANCE RENDERED NECESSARY FOR THE PRESERVATION OF THE PUBLIC PEACE, HEALTH AND SAFETY.
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THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section 1. Any person, firm, or corporation desiring to surface the public
property lying between the curb line and sidewalk immediately abutting upon his
property shall make application and receive a permit from the Commissioner of Public
Works before commencing such construction. t
Section 2. The said Commissioner of Public Works is hereby authorized to issue
a permit.or permits for any'of the surfacing above mentioned in all instances where
the abutting property is lawfully used for non - residential purposes upon the pro- i
perty owner complying with the following conditions: 3
(1) He shall do the work under the supervision and direction of said Com -1
missioner of Public Works and to his entire satisfaction; he shall obey all
lawful orders given by said Commissioner respecting the method of construction
and installation; he shall pay the cost of the inspection if any; he shall +.
keep the work guarderd by day with suitable guards'and by night with approved l
lights to prevent injury or damage to persons or property during the course
of construction,; he shall be personally and directly responsible for all '
damages to persons or property arising or growing out of the construction,
maintenance, operation, use or removal of such surfacing; that he will pay
-_any tax now required or that may hereafter be imposed by law or ordinance
for the use of the aforesaid public property; that he will remove such sur-
- w -_- _facing whenever'the Council so orders, at his own expense, within thirty
days from date of said order; and in case of disturbance of the street,
alley or other public property, he will restore the same to its original
condition whenever the Council shall order the removal of any of the afore- t
said surfacing.
O
(2) He shall execute and deliver to the City of Saint Paul a surety
company bond for each separate piece of property, in the sum of Five Thou-
-3 sand Dollars ($5,000.00), conditioned to indemnify and save the City of
i' Saint Paul harmless from all damages, judgments, losses, claims, suits or {
liabilities of every kind arising or growing out of the surfacing; the said j
bond to remain in force and in effect as long as the same or any part thereof i
oare maintained; and be in a form to be approved by the Corporation Counsel, !
U and shall have such surety or sureties as may be approved by the Commissioner
of Finance; and shall be filed with the Comptroller.
Ln
a
(3) Any person, firm or corporation having constructed and who now main-
tains surfacing upon the public property as hereinbefore described, shall
take out a permit therefor, and shall execute and deliver to said City of
Saint Paul a surety company bond in the sum of Five Thousand Dollars ($5,000.00)
conditioned to indemnify and save the City of Saint Paul harmless from all
damages, judgments, losses, claims, suits-or liability of every kind arising
out of the maintenance, operation., presence, or removal of said surfacing.
Yeas Councilmen Nays Passed by the Council
DeCourcy
Holland
IYUKA#M Winkel Tn Favor
Mortinson
Peterson Against
Rosen „
Mr. President' (Dillon)
Approved:
Attest: I
City Clerk Mayor {
1M 6 -56 ' 8
Triginal to City Clerk it
- - ORDINANCE
COUNCIL FILE NO.
PRESENTED BY ORDINANCE NO.
I
- Page 2 -
The provisions of this ordinance shall not be construed to any of the
aforesaid when such surfacing is on property abutting property owned by
the United States Government or the State of Minnesota.
(4) No person, firm, or corporation shall surface any of the aforesaid
public area until the abutting property owner has delivered to the City of j
Saint Paul a surety company bond in the sum of Five Thousand Dollars ($5,000.00)
and has received a permit from the Commissioner of Public Works.
(5) In the event of the sale of property abutting upon said surfaced
area, the grantor shall immediately notify the Department of Public Works
of the City of Saint Paul of such sale, and the purchaser shall immediately
file with the City a new bond covering the same, or deliver to the City an
endorsement on the original bond, which endorsement must be executed by the
surety company and the purchaser and shall provide that the purchaser is i
the principal on the bond originally posted.
Section 3. The permit issued hereunder may be revoked by the Commissioner of
Public Works at any time after its issuance for failure to comply with the condi-
tions of the permit or the directions of the Commissioner respecting the work.
i -•
Section 4. This ordinance is hereby-declared to be an emergency ordinance
rendered necessary for the preservation of the public peace, health and safety.
Section 5. Thais ordinance shallAake effect and be in force upon its
passage, approval and publication.
Section 6. This ordinance shall be deemed a part of the Saint Paul Legis-
lative Code, and shall be incorporated therein and given an appropriate chapter
and /or section number at the time of the next revision of-said Legislative Code.
11�N -.
Yeas Councilmen
Nays
DeCourcy
Holland
DQW3{iail4XX Winkel
0
Peterson
Rosen
Mr. President (Dillon)
Attest
City Clerk
ire s
AUG 2 11959 ,
Passed by the Co ncil f
In Favor
A gainst 1
Approved: AUG 2 !1959
PUBLISHED
Mayor
AL t
Duplicate to Printer
PRESENTED BY
ORDINANCE
COUNCIL FILE NO
193416
ORDINANCE NO. �_S_)
AN ORDINANCE TO PERMIT AND REGULATE THE SURFACING Of PUBLIC PROPERTY BETWEEN A
CURD LINE AND SIDEWALK WITHIN THE CiTY OF SAINT PAUL. THIN IS AN EMERGENCY ORDtN*
ANCE RENDERED HE POR THE PRESERVATION OF THE PUBLIC Pi:ACE, HEALTH AND SAFETY.
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAiN:
Section 1. Any person, firm, or corporation desiring to surface the public
property lying between the curb line and sidewalk immediately abutting upon his
property shall make application and receive s permit from the Commissioner of Public
Works before commencing such construction.
Section 2. The said Commissioner of Public Works Is hereby authorized to issue
a permit or permits For any of the surfacing above mentioned In all instances where
the abutting property is lawfully used for nonresidential purposes upon the proms
party owner complying with the following conditions:
(1) He shall do the work under the supervision and direction of said Coo -
missloner of Public Works and to his entire satisfaction; he shall obey ail
lawful orders given by said Commissioner respecting the method of construction
and installation; he shall pay the cost of the Inspection If any; he shall
keep the work guarded by day with suitable guards and by night with approved
lights to prevent injury or damage to persons or property during the course
of construction; he shall be personally and directly responsible for all
damages to persons or property arising or growing out of the construction,
maintenance, operation, use or removal of such surfacing; that he will pay
any taut now required or that may hereafter be Imposed by law or ordinance
for the use of the aforesaid public property; that he will remove such surd
Facing whenever the Council so orders, at his own expense, within thirty
days from date of said order; and to Case of disturbance of the street, .
alley or other public property, he will restore the same to its original
condition whenever the Council shell order the removal of any of the afore*
said surfacing.
(2) He shall execute and deliver to the City of Saint Paul a surety
company bond for each separate piece of property, to the sum of Five Thou-
sand Dollars ($5000.00), conditioned to Indemnify and .save the City of
Satnt Paul harmless from all damages, judgments, losses, claimms, suits or
liabilities of every kind arising or growing out of the surfacing; the said
bond to remain in force and in effect as long as the same or any part thereof
are maintatnedl and be in a form to be approved by the Corporation Counsel,
and shall have such surety or sureties as may be approved by the Commissioner
of Finance; and shall be filed with the Comptroller.
(3) Any person, firm or corporation having constructed and who now main
taint surfacing upon the public property as hereinbefore described, shall
take out a permit therefor, and shall execute and deliver to said City of
Saint Paul a surety company bond in the sum of Five Thousand Dollars ($50000.04),
Conditioned to Indemnify and save the City of Saint Paul harmless from all
damages, judgments, losses, cl a l mas, suits or liability of: every ki nd' arising
out of the maintenance, operation, presence, or removal of said surfacing.
Yeas Councilmen Nays
DeCourcy
Holland
XKXX JliiiC Winkel
Mortinson
Peterson
Rosen
Mr. President (Dillon)
Attest:
City Clerk
1M 6-56 ,8
Passed by the Council
Approved:
Mayor
Favor
Against
t
Ouplieate to Printer
ORDINANCE 14 6
PRESENTED BY
:, Page 2 -
COUNCIL FILE NO.
ORDINANCE NO.
The provisions of this ordinance shall not be construed to any of the
aforesaid when such surfacing is on property abutting property owned by
the United States Rovernment or the State. of Minnesota.
(4) iio person,'fIem, or corporation shall surface any of the aforesaid
public area until the abutting property owner has delivered to the City of
Saint Paul a surety company bond in the sum of Five Thousand Dollars ($5.000.00)
and has received a permit from the Commis;toner of Pubfie; Works.
(5) in the .event of the sale of property abutting upon said .surfaced
area, the grantor shall Imaediately notify the Department of Public Works
of the City of'taint Paul of such sale, and the purchaser shall immediately
file with the 41 ty a new bond covering the same, or deliver to the City an
endorsement on the original bond .'which endorsement must be executed by the
surety company and the purchaser and shall provide that the purchaser is
the principal on,the bond originally posted.-
Section 3. The permit issued hereunder may be revoked by the ComR+iss'ioner of
Public Works at any time after its issuance foe failure to comply with the condi-
tlons of the permit or the directions.of. the CommI'Woner respecting the work.
Section 4. This ordinoncot is hereby declared to be an emergency ordinance
rendered ne�csssary for the preservation of the'publlc peace,, health and safety.
I
Section S. This ordlnautcs shalIr take effect and be in force upon its
passage, approval and publication.
Section 6. This ordinance shall he deemed a part of the Saint Paul Legiu•
lative Code;j and shall be incorporated therein and given-an appropriate ,chapter
and/or section number at the time of the next revision of said Legislative Code,
Yeas Councilmen
DeCourcy
Holland
XNXXKICSit Winkel
Peterson
Rosen
Mr. President (Dillon)
Attest:
City Clerk
1M 6-06 S
Nays Passed by the Cou G
2 11959
In Favor
1� Against
Approved: AUG 2 11959
Mayor
v
1st 6/,-/— J 2nd
Laid over to
G gv�
3rd and app-o l Z Adoptedl
Yeas / Nays eas Nays
10
President Dillon
`DeConrcy
H;olland
�Peteson 1
\ Rosen VV V
\ ` Winkel
President Dillon