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183504 'Origiztal to City Clerk - ORDINANCE 18 5 COUNCIL FILE NO. PRESENTED BY ape ORDINANCE Nn_ if OTC Council File No. 183504—Ordinance No. 11049—By Frank D. Marzitelli- An ordinance granting permission to .T,.. ... x..._....� f'_nc+ ..rttn . 'orcopnn An ordinance granting permission to Modern Home Construction Company, Inc., to rough grade California Avenue from Edgerton Street to the west line of Edgerton Manor Addition, and also to construct a sani- tary sewer in California Avenue from Edgerton Street to a point approximately 50 feet east of the west line of Edgerton Manor Addition. 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 granted to Modern Home Construction Company, Inc., to rough grade California Avenue from Edgerton Street to the west line of Edgerton Manor Addition, and to construct a sanitary sewer in California Avenue from Edgerton Street to a point approximately 50 feet east of the west line of Edgerton Manor Addition, all at its own expense. Section 2. The Commissioner of Public Works is hereby authorized to issue a permit to said Modern Home Construction Company, Inc., for the construction of said sewer and for the rough grading of said street, upon its compliance with the following conditions, viz: 1. Said permittee shall construct said sewer and do said rough grading entirely at its own expense, under the supervision and to the satis- faction of the Commissioner of Public Works, and in accordance with plans and specifications approved by the Chief Engineer of the City of Saint Paul. 2. Said permittee shall properly protect all excavations made in the street, both day and. night, so as to avoid all damage or injury to d person or property; shall properly fill and tamp said street: to avoid settling, and shall restore said street to its original condition. g 3. Said permittee shall pay the cost of engineering and inspection of said work, and for the publication of this ordinance. r 4. Before entering upon or doing any of said rough grading, 461 < 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 grading of < 111111 said street. 5. Said permittee, after the inception of said work, shall prosecute same continuously, with diligence, end fully complete said work, to the satisfaction and approval of the Chief Engineer on or before October 1, 1955• Yeas Councilmen Nays Passed by the Council DeCourcy Holland Marzitelli — In Favor Mortinson Peterson Against Rosen Mr. President (Dillon) Approved: Attest: City Clerk Mayor 1M 6-56 offipo Original to City Clerk • ORDINANCE ` o COUNCIL FILE NO. PRESENTED BY ORDINANCE NO. D / 6. Said permittee shall file a bond running to the City of Saint Paul in the sum of Ten Thousand Dollars (40,000.00) , condi- tioned to comply with all the terms of this ordinance and to indemnify and save harmless said City from all liability, charges, loss, judgments, suits, costs or expense that may accrue to persons or property occasioned by the making of said improvements or arising out of the same. 7. Said permittee shall, within ten days after the passage and publication of this ordinance, file a written acceptance 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 from and after its passage, approval, and publication. JUL 171961 Yeas Councilmen Nays Passed by the Couil DeCourcy Holland Marzitelli In Favor Mortinson 0 Against Rosen Mr.President (Dillon) JUL 1 19E7 Approved: • Attest: Of t . 0 (1/4 City ler. • Mayor 1M 6--6 PUBLISHED Duplicate,to Printer • ORDINANCE 18f35 4 COUNCIL FILE NO. PRESENTED BY ORDINANCE NO. I 0 i(-17 6. Said permittee she11, file a bone running to the City of Saint Paul in the sum of Ten Thousand toiler:- (,!10,3,:.9.;0), concr_i.- ti.^:r'er' to compl`r ..th ell the terms of this ordinance and. to indemnify and save harmless said City from all liability, charges, loss, judg!nentr, suits, cost or expense the t may accrue to persons or property occasioned by the ?nadine: of said improvements or arising out of the seine. 7. Said rmittee shell, ,-ith _. t4-a c<y:, after the ,paas:,.ge and publica.ti^n of this ordinance, file a written acceptance thereof with the City Cleric. "ectim 3. This ordinance is hereby decl,.red to be an emergency ordnance rendered necessary for the preservation of the public peace, health, sir? rsfety. Section 4. This ordinance shell take effect end be le, force from and after its passage, approval, end publication. . Yeas Councilmen Nays Passed by the Council L 1719S7 DeCourcy Holland Marzitelli In Favor Mortinson .42 - -- Against Rosen Mr.President (Dillon) 19t;7 Approved: Attest: City Clerk Mayor 1M 6-66 agesca8 Saint Paul, Minnesota July 22, 1957 To the Honorable, the City Council Saint Paul, Minnesota Gentlemen: We, the undersigned, do hereby accept and agree to abide by all the terms and conditions of Council File No. 183504, being Ordinance No. 110+9, adopted by the Council on July 17, 1957. MOD CON ZRUCTION COMPANY, INC. BY ` . - - r ORIGINAL CITY OF SAINT PAUL. TO PAYOR OFFICE OF THE COMPTROLLER RECEIPT N? _ 822 19 o 7 / RECEIVE OF -c_ f ) $ too FOR ,d,c z Sy''' 4_,-z.--G�. G IL_ e-e- c ft_-v1,1 n `'TL /K3 Q t- CITY COMPTROLLER 0 , /S---k:e__-1_14,,ci 500 5-51 BY 1st ,b ‘ ,•4 ` e ' 2nd 7/ • Laid over to • il\I -1 , r 3rd and app `- Adopted as Nays Yeas Nays i(An DeConrcy Co Holland oll d \Marzitelli arzi li ' 11ortinson ortinson / 7i gitessa osen y: r. President Dillon Mr. President Dillon s / r ga 1_835{4 0 tr