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244110 � o��n.i.sa-c,ir c�e� . . .,, � ' ORDiNANCE 244�Zp : A COUNCIL FILE NO � �'�� � � �RESENTE� IY •R�INANCE N• — An ordinance granting permission to Skyline Builders, Inc. to construct a public sewer privately and to con— struct a private 3" water main, said Public sewer and private water main to serve that part of the west %2 of the southwest %4 of the southwest %4 of the southeast %4 at�d the westerly 64. 26 feet of the east %2 of the southwest %4 of the southwest %4 of the southeaet %4 except the southerly 173.00 feet thereof, all in Section 22, Township 29, Range 22 lying north of a line running parallel with the south line of said tract, said line being 314.00 � feet north of said south line as measured along the west line of said tract. This ,� is an emergency ordinance rendered ��� necessary for the preservation of the public peace, health and safety. THE COUNGIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section l. Part A. That permission. and authority are hereby granted to Skyline Builders, Inc. to construct a public sanitary sewer commencing in Hazelwood Street and exten.ding easterly in an easement over the south 24 fe+�t of the north 134 feet of the west 295 �eet �f the west %2 of the southwest %4 of the sou�hwest �/4 of the southeast �/4 of Section 22, Township 29, Range 22 and there terminating; C' `� Part B. That permission and authority are hereby granted to Skyline Builders, Inc. to construct a private 3" water main within an easement described as the south 24 feet of the north 134 feet of the west 295 feet of the west %2 of the southwest %4 of the southwest �/4 of the southeast %4 of Section 22, Township 29, Range 22; Part C. That the public sanitary sewer and private water main are to serve the following described property: Yeas Councilmen Nays Pasaed by the Council Carlson Dalgliah Meredith In Favor Peterson , Against Sprafka Tedesco Mr. President (Byrne) Approved• Attest: � City Clerk Mayor �O Form approved Corporation Counsel By � 2�����.�1 Page 2. That part of the west 1/2 of the southwest 1/4 of the southwest 1/4 o�f the southeast 1/4 and the westerly 64. 26 feet of the east 1/2 of the southwest %4 of the southwest %4 of the southeast 1/4 except the southerly 173.00 feet thereof, all in Section 22, Town.ship 29, Range 22 lying north of a line running parallel with the south line of said tract, said line being 314.00 feet north of said south line as measured along the west lin.e of said tract. Section 2. That permission and authority are hereby granted to construct a public sanitary sewer and private water main subject to the following terms and conditions: a. That said permittee shall construct said public sanitary sewer and private water main entirely at its own expense and to the satisfaction of the Commissioner of Public Works and the Board of Water Commissioners of the City of Saint Paul ; that said per- mittee shall construct the public sanitary sewer in accordance with the plans and specifications on file with the Department of Public Works; and further construct the said water main in accordance with the approved plans and specifications on file with the Board of Water Commissioners; b. That said permittee shall pay the cost of engineering and inspection of all said work and for the publication of this ordinance; and said permittee shall deposit with the Board of Water Commissioners a sum of mon.ey equal to the estimated costs of inspection to be per- formed by the Board of Water Commissioners; c. That said permittee shall properly protect all excava�.ons, both day and night , so as to avoid all damage or injury to persons or property; shall furnish all excavation and � ;,;,�;�;. 2�4�:�.�1 Page 3. shall properly backfill and restore such ease— ments to avoid settling and to restore such easements to their original condition, all in accordance with the plans and specification.s on file with the Department of Public Works and the Board of Water Commissioners; d. That said permittee, after the inception of said work, shall prosecute the same continu- ously, with diligence, and fully complete said work to the satisfaction and approval of the Commissioner of Public Works and the Board of Water Commissioners on or before January 1, 197�; e. That said permittee expressly agrees and undertakes to fully indemnify and hold harmless the City of Saint Paul, the Board,of Water Commissioners of the City of Saint Paul , its agents, officers and employees , from an.y 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; f. 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 and Board of Water Commissioners of the City of � Saint Paul of 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; g. That said permittee shall not proceed to con.struct said public sanitary sewer and said private water main unless and until said per- mittee shall have fully complied with the provisions regarding insurance and indemnification `� 2���2� Page 4. 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 Specifications, as amended, applicable to contractors. For the purposes of this ordinance, the aforesaid section of said specifications, numbered 1.44, as amended, shall be read as 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 provisions of the aforesaid section shall be in sutch form as the Corporation Counsel of the City of Saint Paul may direct, and the documents required by the aforesaid Section 1. 44 shall, after submission to the Corporation Counsel, be filed in the Office of the Comptroller of the City of Saint Paul. Said permittee shall submit said bond and insurance documents to the Office Engineer of the Department of Public Works. The Office Engineer shall request approval of the said documents by the Corporation Counsel an.d upon approval shall file said documents with the Office of the Comptroller of the City of Saint Paul. Section 3. That permission and authority are hereby granted to Skyline Builders, In.c. to maintain a private water main in the easement described in Section 1 above, subject to all the terms and conditions imposed by the Board of Water Commissioners of the City of Saint Paul and further subject to the permittee, by its acceptance of this permission and authority, expressly agreeing to indemnify and hold harmless the City of Saint Paul, the Board of Water Commissioners of the City of Saint Paul, its agents, officers and employees, OdQil�al,to.CiXy Clerk . � � � ORDINANCE . 244��� COUNCIL FILE NO PRESENTED BY ORDINANCE NO � `� � /�— Page 5. from any and all damages, claims, losses, judgments, suits or expenses arising out of or occasioned by the maintenance, operation or replacement of the said private water main. Section 4. That said permittees shall, within thirty (30) days after the passage of this ordinance� file a written acceptan.ce thereof with the City Glerk. Section 5. This ordinance is hereby declared to be an emergency ordinance rendered necessary for the preservation of the public peace, health and safety. Section 6. This ordinance shall take effect and be in force upon its passage, approval and publication. JUN l 1 1969 Yeas Councilmen Nays Passed by the Counci� Carlson � �- � In Favor Meredith Peterson �� Againat Sprafka _ Tedesco J U N 1 1 1969 r. Presid -(Byrne) Approv • s /l . ity Clerk Ma or �O Form approved Corporation Counsel By P.�I�Cts�� �N 14 1969 . . June 16, 1969 Saint Paul, Minn�aota To the Honorable, the City Council Saint Paul, Minnesota Gentlemen: We, the undersigned, do her�by ac�ept and agree to abide by all the terms and c�nditions of Council File No. 244110, being Ordinance No. 14190, a,dopted by the Council on June 11, 1969. SKYLINE BUILDERS, IN . B7C / � �C�C/J � �R ` Ha�ry E. Marshali ClTY �..�, Albert e. Olson £ity CZ�k and F°��'� Council Recorder Commissioner of Reqistration "� �•�; -' ` �:I,.,o�,` i v�s h� OFFICE OF THE CITY CLERK CITY OF SAINT PAUL BUREAU OF RECORDS 388 City Hall St.Paul,Minnesota 56102 June 16, 1969 Skyline Builders, Inc. 2317 Central Ave. N.E. Minneapolis, Minnesota Gentlemen: We enclose a capy of Ordinance No. 14190, granting you permission to construct a public sewer privately and to construct a private 3�� water main to serve part of the west � of the southwest ,�—� of the west 2 of the southwest ,.i—,, oP the southwest 4 of the sou�heast � and the westerly 64.26 ft. of the east 2 of the southwest � of the southwest ; oF the southeast � except the southerly 173.00 ft. thereoP, all in Sec. 22, Township 29, R. 22; also bill in the sum of $43.20 to cover the cost of publication cf this ordinance. We call your special attention to Paragraph f of Section 2 which requires the filing of a bond in the amount speciFied, AND to 5ection 4 which requ3.res the filing of an acceptance of the terms of this ordinance. The acceptance must be filed in this office, Room 386, City Hall, within 30 days. If not so filed, the ordi- nance becames void. � � / Very truly yours, ��G� '��� ,��v �� � � � � � City rk � ng . ._ , _____ L%yL�'�C.���-�-�'��/J Gv��r�c�� l'i_-.�� > ,��' � G"l�L�C-�--��C�-�7�� !�/ � �� ���h'�� ��i'" ` �.L-P ;�'7�� ����� � �--- --�C�yyc-/G2 !/l�G-� �� �� ���1 G O ������ � o June 16, 1969 �� � ` E '-----�___._.��i`� Skyline Builders, Inc. ' ��-.� 237.7 Central Ave. N E. Minneapolis, Minnesota ����� Gentlemen: '�* /�,r ���\� ,i'�%` We enclose a copy of Urdinance��o./�- Y9�, �rantin� you perm�.ssion to construct a public sewer prii�'� .�y and to construct A private 3'° water main to se f.r�ve. �P the�est � oY the southwest ,, of t h e w e s t 2 o f t h e r p u t h w e�t P th��outhwest ; of the southeast ,i-, P and the westerly .26 �t. of east 2 of the southwest -� af the so�athwest ;- oY th�e southeast i xcept the southerly 173.00 ft. therer�f, �11 in S . 22, Town p 29, R• 22; �,lso bil� in the sum of `�43.20 to c�ver� e cost ,� publica.tion cf' this ordinance. - _._��' \..;.�_-..-�' We cal.I:;�tour speeial at�tion to Paragraph f' oP Section 2 which requis��s the fili of a bond in the �naunt spec3fied, AI� to Secti;ojn �+ which r iree the filing of an acceptance of the terzns of thi�ordinance� The acceptance must be filed in this oPfic�, Room �� \, City H�r , within 3� d�YB• I�' nat so �iled, the ordi- nance b`�`c'v�es-void. ! Very truly yours, City Clerk ng � . • i ' � I st • . s 2nd Laid over to 3rd and app .—Adopted Yeas Nays Yeas Nays Carlson �Carlson Dalglish �Be�gliaft-� Meredith 24� (� ���eredith ��'J Peterson � �eterson 1 ` Sprafka �`�Sprafka � Tedesco 4�7edesco Mr. President Byrne �r. President Byrne 66