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244744 4rIlinal to Ciiy Clerk ' „ ° L ~ 'ORDINANCE 24�'744 OCOUNCIL FILE NO PRESENTED BY � ORDINANCE NO An ordinance granting permission to the Board of Trustees of the First Baptist Church, Ninth at Wacouta Streets, Saint Paul, Minnesota 55101, to construct a 4 inch schedule 40 galvanized pipe (electrical conduit) at a depth of 18 inches, and a 1 inch copper water pipe at a minimum depth of 7 feet (frost line) below the pavement surface across Wacouta Street, said pipes to be installed approximately 150 feet southeasterly of the intersection of Tenth and Wacouta Streets as measured from the southwest corner thereof. 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 the Board of Trustees of the First Baptist Church, Ninth at Wacouta Streets, Saint Paul, Minnesota 55101, to construct a 4 inch schedule 40 galvanized pipe (electrical conduit) at a depth of 18 inches, and a 1 inch copper water pipe at a minimum depth of '7 feet (frost line) below the ,� pavement surface across Wacouta Street, said pipes to be � j� ' " installed approximately 150 feet southeasterly of the inter- �� section of Tenth and Wacouta Streets as measured from the southwest corner thereof. Section 2. That the Commission�ar of Public Works is hereby authorized to issue a permit to the Board of Trustees of the First Baptist Church for the construction of said pipes, upon and subject to the followin.g provisions, terms and conditions: a. That said permittee shall construct said pipes entirely at its own expense, under the supervision and to the satisfaction of the Commissioner of Public Works and in accordance with the plans and specifications prepared by him; b. That said permittee shall pay the cost of engineering and inspection of said work, and for the publicatian of this ordinance; Yeas Councilmen Nays Passed by the Council Carlson Dalglish In Favor Meredith Peterson Sprafka Against Tedesco Mr. President (Byrne) Approved• Attest: � � City Clerk Mayor , �O Form approved Co�poration Counsel By C1r` �� k � } � 244'�44 ��� . �� Page 2. c. That said permittee shall properly protect all excavations made in the streets both day and night so as to avoid all damage or injury to person.s or property; shall properly fill and tamp said streets to avoid settling and shall restore said streets to their original condition; d. That said permittee expressly agrees and undertakes to fully indemn.ify and hold harmless the City of Saint Paul, its agents, officers and employees from any and all damages , claims, losses , judgments, suits or expenses arising out of or occasioned by the performance of the work contemplated by this permission. and authority; e. That said permittee shall furnish a bond to the City of Saint Paul in the sum of Ten Thousand Dollars (�10,000.00) conditioned to comply with all the terms of this ordinance and to indemnify and save harmless said City from all liability, loss, judgments , suits , costs , charges and expense that may accrue to persons or property occasioned by the making of the improvement or arising out of the same; f. That said permittee shall not proceed to construct said pipes unless and until said permittee shall have fully complied with the provisions regarding insurance and indemnifi- cation contained in the City of Saint Paul Department of Public Works Specifications for Street and Sewer Construction dated April 1, 1959, Section numbered 1. 44 of said Specifica- tions, as amended, applicable to contractors. For the purposes of this ordinance, the aforesaid section of said Specifications num- bered 1.44, as amended, shall be read as Or�inal to City Clerk • e � � � ORDINANCE 244�744 COUNCIL FILE NO PRESENTED BY ORDINANCE NO � � �� Page 3. though the word "permittee" were substituted for the word "contractor" wherever the same appears in the aforesaid Section 1. 44, as amended. Said Section 1.44, as amended, of the Specifications for Street and Sewer Construction in the City of Saint Paul is hereby incorporated herein by reference as fully and as completely as if set forth herein verbatim. Proof of compliance with the provisions of the aforesaid section, as amended, shall be in such form as the Corporation Counsel of the City of Saint Paul may direct , and the documents required by the aforesaid Section 1.44, as amended, shall , after approval by the Corporation Counsel, be filed in the office of the Comptroller of the City of Saint Paul; g. That said permittee shall submit said bond and insurance documents to the Office Engineer of � the Department of Public Works. The Office Engineer �,j� shall request approval of said documents by the Corporation Counsel and upon approval shall file said documents with the office of the Comptroller of the City of Saint Paul; h. That the said permittee shall, within thirty (30) days after the passage of this ordinance, file a written acceptance thereof with the city clerk. Section 3. This is 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. J.UL 1 a 196�9 Yeas Councilmen Nays Passed by the Council Carlson � � Dalglish Meredith In Favor Peterson (� (7 Sprafka Against Tedesco �u L 1 � ���� r, resident ( e � App ed: Att t: Cit Clerk r O Form approved Corporation Counsel By � .� �tist�Ep JUL 2 6 1969 � . S8�2Tt PL#�W.� M�.A11CS0� d�ly 28 s 1�9 To the Ho�orable, the City Council Saint Paul, Minaasota Geatl�a: We, the undersigned, do h�reby aacept auad agree to abide by all the tex�m8 and conditions of Couacil File No. 2�474�+, being Ordinance No. 1�i241, adopted by the Couucil on � Jnl,y 18, 1969. Ht)�ARD OT' TRU$T1�3 f�' TPYB FIR4 � T � �� f�i � P1Y � �'�'�.v� , , �C � �� t�c''�, _ �°' � �' �44�44 Y a���• 2. c. Tht�.t s�ai+� permittee shall pro�erly ;�rotect a11 e�cavatians �a�aete in, thF str�ets '�c,���i di�y and niglit so ae to avoicl all c�ama�e ar injury tn persons or property; shall r�roperly :Pi31 and tamp eaid street� to avoici settlin� and shnll restore said Stx'@8t9 to their ori�in�l comciit�.on; ci. 2'hat s�id permittee expressly r�grees �nd un�ertz�kes to �ully indemni�y and holc� harmless the City o� Saint Faul, its a�;ent�, officers ancl emPloy�es frou� �ny and all damage5, elaim�, lo�seg, judgments, suit� or expenses arisin� out of or oecasfone�i k�y the per�ormanee of the work contempl�at�d by this pormission and authority; �. Th�t saicl permittee shall �urni.ah a bond to the City of �aint Paul in the sum o� Ten Thou,�And Uollars (.�10,000.00) co�c�itiome�. to ca�nply with all the terms af this orc3inr�nee and to indemnify and save ha�r�less said City �rom all liability, loss, jucl��nents, suits , costs, eh�rges and ex�ense icht�t �aay acerue to persans ar property ocoasioned by the u�akin� a� the improvement or �risfng out of the same; �. `P�a�it saicl pertnittee �.ii�ll aiot proceed to ca�rsstruct said �ipes uxaless and until saic! per�ittee shall h�ve fully eomplied �rith the provisions reg�.rcting insurance anct indemni�'i— catian containeci in the City o� Saint P�ul Department o� Public le`orlis 5pc�ci�'ications �or �treet tznd Sewer Construetion dated �,.pril 1, 1�59, Seetion numi�ered 1.�4 of eaid �pecifica— tions, a� amendeci, applicable to eontractors. 2��or the purposes� o� this ordinance, the a�oresaid seetion o� said Specif�cations r�um— bered 1.�f��, as amencle�, sha11 be r�aci �� :BnDlicate to Printer , ` . ORDINANCE �4��44 COUNCIL FILE NO PRESENTED BY ORDINANCE NO � An orclinance granting perr�ission to the �3oard o:P Trustees o� the First L'aptist Church, ;�TintYs at 4�a�acouta Streets, Saint Paul, Plinnesota 55i01, to construct a 1� inch �chedule 40 galvanizecl pipe (electrical conc3uit) at a deptiz of 18 inches, and a 1 inch copper E�rater pipe at a minimum depth of 7 feEt (�rost line) belotia the pavement surface �tcross tvacouta :,treet, sai�i pipes to be installed approximately 1?0 �eet southeasterly of the intersection o� Tenth and ��acouta 5treets as �ueasured �'rom the southwest corner thereof. This is an emergency orclinance rendered necessary for the preservatiorl o� the public peace, health and sa�oty. T1:Ili COUNCIL OF T�TL CITY OF SAINT P�UL �OES Ox�tI�11ZN: aection 1. That permission and authority are herek�y �r�nted to tt�e Board. of Trustees o� the First Baptist Church, �Tia�th at �,acouta Streets, Saint Paul, AZinnesota 55101, to construct :i z� inch sc7�ieelule It0 �alv�ni�ed pi�e (electrical cozzcluit) at � depth of 18 inclies, and a 1 inch coP�er water pipe a1; a �inimum depth of i feet (�ro�t line) below the Pavei�:e*�.t sur�ace across l��acouta Street, �aid ;�ipes to be i:nstalled ap�roYimately 150 �eet southeasterly of the inter— section of Tenth anu �lacouta Streets as measurecl From the southwest corner thereof. Section 2. That the Cornmissioner oi Public t�'or��s is hereby a�atlzorized to issue a permit to the i3oard o� Trustees o� the t�irst Baptist Church �or t�e construction of said pipes, upon anci subject to the �ollowing provisions, terms and conciitions: a. That sai� permittee sliall construct said pipes entirely at its own expense, under the supervision ar�ci to the satisfactior� of the L"ommiasioner o� 1'ublic ti�orks an.d in aecordanc� �1ith tYie plans and speci�ications prepared by hi�; L. `�hat said permittee ahall pay the cost o:� enbineerin� ar�c� inspectioxi oi saicl work, and for the publication o� this orclinance; Yeas Councilmen Nays Passed by the Council Carlson Dalglish Tn Favor Meredith Peterson Against Sprafka Tedesco Mr. President (Byrne) Approved• Attest: � City Clerk Mayor � . Form approved Corporation Counsel By Dnpllcate to Pdnter , . ORDINANCE 244'744 COUNCIL FILE NO -� PRESENTED BY ORDINANCE NO Page 3. thou�;l� the worc� "pertuittee" were substitutec� for the ��ord "contractor" wherever the same appears in the a�oresaid Seetion 1. �fjf, as amend�d. Saic:i Section l.tf4, as �mended, o� the Specifications for Street and Sewer Conatruction in the City oY Saint Paul is hereY�y incorporateil herein by reference as fully �..>_*ad as completely as i� set fortYY herein verbatim. Proo� oY compliance with the provisions og the aforesaid section, as amended, shall l�e ii1 aueh form as the Corporation Counsel of the City of Saint Paul auay direct, an�3 the documents required by the aforesaid Sect�!c:;a 1.1�4, as amended, ahall, after approval by the Corporation Counsel, be rilecl in the o:Pfice o� the Comptroller o� the City of Saint Paul; �;. Th�,t said nermittee sha11 su�iu�it said bon�l and insurance documen�ts to the Office Engineer of the Department of Publie tdorks. The Qflice Lngineer shall request approval of saicl documents by the l � Corporation Counsel and upon approval s2za11 file said documents s,rith the o��ice o:f the Co�ptroller of the City of Saint Yaul; h. That the said permittee �hall, within thirty (30) days after the passage of this ordinance, file a �vritte�a acceptance thereof with the city c1erl�. Section 3. Thie is ara emergency ordinance rex►dered neeessary Yor the proservation of the public peace, health and safety. Section 4. This ordinanee shall take ef�ect and b�e in foree fro�r and a�ter its passage, approval and publication. J U L 18 1969 Yeas Councilmen Nays Passed by t� Council Carlson Dalglish In Favor Meredith rJ Peterson Against Sprafka Mr. Pres dent (Byrne) ��� � �� ��+�"� Approved: Attest: City Clerk Mayor O Form approved Corporation Counsel By � � � �� � July 28, 1�59 Board of Trustees �P the Fi.rst Ba,ptist Church 1Vinth and Wacouta Sts. Saint Paul, Minnesota �' Gentlemen: / �fle enclose a copy of Ordine.nce 142�+1, antin� you permission to construct certain pipes be�.�the pav nt surface across Wacouta St. , said pipes to be installe�d pprox ely 1�0 Peet southeasterly of the intersection of T°nth aric� c � Sts. as measured �'rom the southwest corner thereof; also bi�.L�' �5 the sum of $30.60 to cover the cost of gublicati. ord�,� ce. We call your specia attention o Paragraphs e and h o£ Section 2, which require the � ing of a bo in the amount specified �nd the filing of an accept ee of the e�ms of this ordinance. The accep- tance must be Piled this of e, Room 3�6, City Ha1Z, within 30 days. If �o ile ,�nanee becomes void. Very truly yours, � City Clerk ng � ` � " � � - Is+ ' 2nd�� b Laid over to 3rd and app .—Adopted r��� � u Yeas Nays Yeas Nays �'� Carlson �£arlson Dalglish �alglish Meredith �eredi+h Peterson 244'744 ��eterson � . Sprafka Sprafka \ ..�Tedesco V�desco Mr. President Byrne Mr. President Byrne O