177304 Oririnal to City Clerk
ORDINANCE 1'74
COUNCIL FILE 1'JO
•PRESENTED BY ^ ms;µ
Ito
:i.roun "*
+a btz,rottan. B:a
An ordinance au orizing the issuance of a 3.t ' ` "
Church of St. Mark, St. Paul, Minnesota, to construct an under-
ground tunnel crossing public alley between Marshall Avenue and
Dayton Avenue, running from Moore Street to North Prior Avenue;
also to construct a sanitary sewer in said public alley to connect in-
to the existing sewer on Moore 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 DOES ORDAIN:
Section 1. That upon compliance with the conditions hereinafter
set out, the Commissioner of Public Works is authorized to issue a permit
to the Church of St. Mark, St. Paul, Minnesota, to construct an underground
tunnel crossing public alley between Marshall Avenue and Dayton Avenue,
running from Moore Street to North Prior Avenue, the center line of said
tunnel to be approximately 109 feet West of the center line of North Prior
Avenue, said tunnel to be approximately 8 feet by 8 feet inside dimensions,
constructed in order that the children may have access to the gymnasium
from the school; also to construct a sanitary sewer in said public alley
to connect into the existing sewer on Moore Street, said sanitary sewer to
be built on center line of the existing alley, a distance of 274 lineal
feet easterly as a private sewer to serve the school and gymnasium.
1. Permittee shall furnish a bond of $10,000.00
to the City of Saint Paul, conditioned to save said City
Aharmless from any and all liability, judgments, suits,
costs, charges, damage or expense accruing to person or
property arising out of the construction, maintenance,
use, presence, or removal of said tunnel. Said bond shall
be satisfactory to the Commissioner of Finance as to surety,
to the Corporation Counsel as to form and execution, and
shall be filed with the City Comptroller.
2. Permittee 0101 file plans and specifications
for said tunnel and said construction of city sewer, which
45/2?- plans and specifications shall be satisfactory to the Com-
missioner of Public Works and the Chief Engineer of the
Department of Public Works, and such work shall be carried
an under the direction of said Commissioner and said Chief
Engineer. Permittee shall pay the cost of inspection, if any.
3. Permittee shall properly protect all excavations
made in the street and alley, both day and night, so as to
avoid all damage for injury to person or property. Upon
completion of the work, permittee shall restore the street
surfaces and alley surfaces to their original condition.
4. Permittee, after the inception of said work,
shall prosecute same continuously with diligence and fully
complete said work to the satisfaction of said Commissioner
and said Chief Engineer on or before October 1, 1956.
Yeas Councilmen Nays Passed by the Council
Gibbons
Halvorson
Holland In Favor
Marzitelli
Mortinson Against
Peterson
Mr.President (Dillon)
Approved:
Attest:
City Clerk Mayor
1000 12-54 8
•
QInal to City Clerk • •
•
ORDINANCE i'7�7
304
• COUNCIL FILE NO.
PRESENTED BY ORDINANCE NO. /077 3
-2-
5. This permit may be revoked by the Council at any
time, and thereupon permittee shall remove said tunnel.
6. Permittee shall pay the cost of publication of
this ordinance.
7. Permittee shall, within ten days after publication
of this ordinance, file a written acceptance thereof with the
City Clerk.
Section 2. This ordinance is hereby declared to be an emergency
ordinance rendered necessary for the preservation of the public peace, health,
and safety.
Section 3. This ordinance shall take effect and be in force upon
its passage, approval, and publication.
APR 181956
Yeas Councilmen Nays Passed by the Council
Gibbons
Halvorson
Holland V Tn Favor
Marzitelli rj
Mortinson Against
Peterson APR 15 1956
Mr.President (Dillon)
Approved:
City Clerk % Mayor
1000 12-54 T-.,8
PUBLISHED, --2/—
Saint Paul, Minnesota
April 24, 1956
To the Honorable, the City Council
Saint Paul, Minnesota
Gentlemen:
We, the undersigned, to hereby accept and
agree to abide by all the terms and conditions of Council
File No. 177304, being Ordinance No. 10763, adopted by
the Council on April 18, 1956.
CHURCH OF ST. MARK
By: . 1
LAW OFFICES
A. H. MARKERT
90D MINNESOTA BUILDING TELEPHONE CA-2-2322
ST. PAUL 1, MINN.
March 5, 1956
164/ '
kip"
/1/.: ler e,= n (,
Honorable Council 711 i �" ,c) ��
City of Saint Paul
.0
Court House
Ir St. Paul 2, Minnesota
Honorable Sirs:
The undersigned, as attorney and agent for the Church of
St. Mark, St. Paul, Minnesota, hereby makes formal applica-
tion for a license to construct a tunnel under the alley
which runs from Moore Street to North Prior Avenue between
Marshall and Dayton Avenues.
As is undoubtedly known to you, the parish is now construct-
ing an addition to its school on the corner of Dayton and
Prior Avenues and it is preparing also to construct a new
gymnasium on the corner of Prior and Marshall Avenues. In
order that the children may have access to the gymnasium
from the school, it is proposed to build the tunnel.
I have secured and attach hereto the architect's plan show-
ing the location of the school, the new proposed gymnasium
and the under alley tunnel. Any additional information de-
sired or required by you will be promptly furnished.
Respectfully submitted,
A �/� �« � /
HM
:p 1
encl. It
'Y;) 91 k" "y .1 v
' �" l
•
• • ASSISTANT CHIEF ENGINEER ACCOUNTING DIVISION
ARTHUR W. TEWS CITY OF SAINT PAUL JOS. PAVLICEK
• Prin. Accountant
OFFICE ENGINEER Capital of Minnesota
•
HERBERT S. WEST DEPARTMENT OF PUBLIC WORKS
• BUREAU OF SANITATION
BRIDGE ENGINEER JOHN M. COTTER, Supt.
MAURICE W. HEWETT FRANK D. MARZITELLI, Commissioner •
TRAFFIC ENGINEER CLIFTON G. HOLMGREN, Deputy Commissioner BUREAU OF MUNICIPAL.EQUIPMENT
EUGENE V. AVERY GEORGE M. SHEPARD, Chief Engineer ARTHUR H. KOCH
0008
STREETS AND HIGHWAYS ENGINEER BUREAU OF CORRECTION
ARTHUR G. WELIN JOHN P. MULLANEY, Supt.
March 28, 1956
17 304
Mr. Marshall F. Hurley
Corporation Counsel
316 City Hall
St. Paul, Minnesota
Dear Mr. Hurley:
Attached please find a letter from Mr. A. H. Markert, attorney for
the Church of St. Mark, in which he requests permission to tunnel
under public alley and place private sanitary sewer connection in
public alley.
Also attached is a set of plans showing this proposed work.
I have drawn a rough draft of an ordinance in which I have embodied
the main points of interest to the City. I hope you can use it for
what it's worth when you prepare the final draft of the necessary
ordinance.
Yours very truly,
7 -1
ARTHUR W. TEWS
Assistant City Engineer
AWT:lm
Enclosures
•
ROUGH DRAFT
0RDI.NANCE
An ordinance authorizing the issuance of a .permit to the Church of
St. Mark, St. Paul, Minnesota, to construct an underground tunnel/crossing
public alley between Marshall Avenue and Dayton Avenue, running from Moore
Street to North Prior Avenue the center line of said tunnel/to be approxi-
mately 109 feet West of the enter line of North Prior Avenue, said tunnel to
be approximately 8 feet by 8 feet inside.d"imens'ons, constructed in order that
the children may have access to the gymnasium/from the school;,ilso, to con-
struct a sanitary sewer in ism said public alley to connect into the existing
sewer on Moore Street/said-=-sanity - _der _ __ r=-line--of the
existing alley, ta di tance of 274 lineal ee gas es-a private sewer to
serve the school and gymnasium./
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section 1. That upon compliance with the conditions hereinafter set out,
the Commissioner of Public Works is authorized to issue a permit to the Church
of St. Mark, St. Paul, Minnesota, to construct n underground tunnel crossing
public alley between Marshall Avenue and Daytoi¢uing from Moore Street to
North Prior Avenue, the center line of said tunnel to be approximately 109 feet
West of the center line of North Prior Avenue, said tunnel to be approximately
8 feet by 8 feet inside dimensions, constructed in order that the children may
have access to the gymnasium from the school; also, to construct a sanitary
sewer in same said public alley to connect into the existing sewer on Moore
Street, said sanitary sewer to be built on center line of the existing alley,
a distance of 274 lineal feet Easterly as a private sewer to serve the school
and gymnasium.
1. Permittee shall furnish a bond of $10,000 to the City of
Saint Paul, conditioned to save said City harisless from any and all
liability, judgments, suits, costs, charges, damage or expense accru-
ing to person or property arising out of the construction, maintenance,
use, presence or removal of said tunnel. Said bond shall be satisfac-
tory to the Commissioner of Finance as to surety, to the Corporation
Counsel as to form and execution, and shall be filed with the City
Comptroller.
2. Permittee shall file :plans of specifications for said tunnel
and said reconstruction of city sewer, which plans and specifications
shall be satisfactory to the Commissioner of Public Works and the Chief
Engineer of the Department of Public Works, and such work shall be carried
on under the direction of said Commissioner and said Chief Engineer.
Permittee shall pay the cost of inspection, if any.
L
f/� `91.3. Permittee shall properly protect all excavations made in the
street both day and night, so as to avoid all damage for injury to
person or property. Upon completion of the work, permittee shall restore
the street surfaces to i.as original condition.
,'p-nv v ,42 2 Y
Page 2.
4. Permittee, after the inception of said work, shall prosecute
same continuously with diligence and fully complete said work to the
satisfaction of said Commissioner and said Chief Engineer on or before
October 1, 1956.
5. This permit may be revoked by the Council at any time, and
thereupon permittee shall remove said tunnel.
6. Permittee shall pay the cost of publication of this ordinance.
7. Permittee shall, within ten days after publication of this
ordinance, file a written acceptance thereon with the City Clerk.
Section 2. This ordinance is hereby declared to be an emergency ordinance
rendered necessary for the preservation of the public peace, health and safety.
Section 3. This ordinance shall take effect and be in force upon its
passage, approval and publication.
> 1st / - I 2nd_ __OILI
• r t
Laid over to
3rd and app. V I I Adopted `4 L
i
Yeas Nays Yeas/ Nays
ibbons Gibbons
alvorson Halvorson
H�
olland Holland
.406-zitelli i'73 Marzitelli 1,0
Aro'rt,,,tuson Mortinson
eterson _� Peterson
'Mr. President Dillon Mr. President Dillon
s
.1713()4
ORIGINAL CITY OF SAINT PAUL
TO PAY9R OFFICE OF THE COMPTROLLER
RECEIPT N?
698
Y?<
1 9
RECEIVED OF -1-‘0/2, -c-
too
FOR
/77.3 e
CITY CO MPT21"Le_
500 6.51