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244309 OriQinal to City Clerk , �- �� ORDINANCE 244�� . COUNCIL FILE NO PRESENTED BY � O ORDINANCE NO � An ordinance granting permission to William Weitzman to grade and pave a 20 foot wide strip in the East %2 of Elway Street between the north line of Montreal and the centerline of vacated Adrian Street, extending southwesterly to the centerline of Elway 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 l. That permission and authority �re hereby granted to William Weitzman to grade and pave a 20 foot wide strip in the East 1/2 of Elway Street between the north line of Montreal and the centerline of vacated Adrian Street, ex— tending southwesterly to the centerline of Elway Street. Section 2. That the Commissioner of Public Works is hereby authorized to issue a permit to William Weitzman for the grading and paving of a 20 foot wide strip in the East %2 of Elway Street between the north line of Montreal and the centerline of vacated Adrian Street, extending southwesterly to the centerline of Elway Street, upon and subject to the , ,_ ...-�,,� following provisions, terms an.d conditions: � a. That said permittee shall grade and pave said strip of land entirely at his own expense, under the supervision and to the - satisfaction of the Commissioner of Public Works an.d in accordance with the plans and specifications prepared by him; b. That said permittee shall furnish slope releases to the City of Saint Paul; ° that said permittee shall pay the cost of engineering and inspection on said work, and for the publication of this ordinance; c. That said permittee shall properly protect all excavations made in. the streets both da� and night so as to avoid alI � damage or injury to persons 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, after the inception of said work, shall prosecute the Yeas Councilmen Nays Passed by the Council Carlson Dalglish Meredith In Favor Peterson Sprafka Againat Tedesco Mr. President (Byrne) Approved: Attest: City Clerk or O Form approved Corporation Counsel By , �. . . � 24��9 � Page 2. same continuously, with diligence, and fully complete said work to the satisfaction and approval of said Commissioner on or before November 15, 1969; e. That said permittee expressly agrees and undertakes to fully indemnify and hold harmless the City of Saint Paul, its agents, officers and employees from any and all damages , claims, losses, judgmen.ts, 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 indemn.ify and save -. , harmless said City from all liability, loss, judgments, suits , costs, charges and expense that may accrue to persons or pro- perty occasioned by the making of the improvement or arising out of the same; g. That said permittee shall not proceed to grade and pave said strip of land unless and until said permittee shall have fully complied with the provisions regarding insurance and indemn.ification 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, o� the Specifications for Street and Sewer Construction in the City of Saint Paul is hereby incorporated herein by Oriainsl to Cfty Clerk . � ` � � � ORDINANCE 244�09 • COUNCIL FILE NO PRESENTED BY ORDINANCE NO � � Page 3. reference as fully and as completely as if set forth herein verbatim. Proof of com— pliance with the provisions of the aforesaid seetion, as amended, shall be in such form as the Gorporation Counsel of the City o� Saint Paul may direet, and the documents re— quired by the aforesaid Section 1. 44, as amended, shall, after approval by the Cor— poration Counsel, be filed in the office of the Comptroller of the City of Saint Paul; h. That 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 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; i. That said permittee shall maintain said 20 foot paved strip and keep it free of sn�w; j . That if and when Elway Street is graded an.d surfaced to a full width, the entire �ork done by permittee ;�rould be destroyed and said ' permittee would be required to pay a full assessment for this paving and grading; k. That 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 ordinan.ce 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. JUN 2 0 1969 Yeas Councilmen Nays Passed by the Council Carlson � �- Meredith � In Favor � Peterson C �� Againat Sprafka Tedesco Mr. President B e) Appr ed: �� Q 1�69 A at: "�-' , � � _ � y Cl k � � ayo �� Form approved Corporation Counsel By �� 12 8 1969 ' Dap. ste to Printer „ ORDINANCE �n,p9 24 ' COUNCIL FILE NO PRESENTED BY ORDINANCE NO �� An ordinanee �ranting permission to j�illiam ��eitzma.n. to grade and ave � 2� foot wide atrip in the Eas�t �/2 0� �lway Street between the north line of �Iontreal anci the centerlinE of vacateci �drian Street, extencling southwesterly to the centerline of Elway Street. This is aa emergency ardinance rendered necessary �or the preservation of the publie pe�ce, health and �a�ety. T� COUNCIL UF TfIE CITY OF S.AINT PAUL DOES ORDAIN: Section 1. ThAt permission aud authority are hereby �;ranted to �Iillia,m t+Teitzman to grade and pave a 20 foot wide strip in the rast �2 oP Elway Street between the north line oi Montreal and the eenterline o� vacated A�.rian �treet, eg- tending southwesterly to the centerline of Elway Street. Seetion 2. That the Commissioner o� Public Works is hereby authorized to issue t� permit to �dilli� t�'s3tzman fo� the grading and paving a� a 20 foot wide strip �.n the Ea�t �/2 oY Elway Street between the north line of Montreal and the centerline af vaeat�c� Adrian Street, extending south�,resterly to the centerline af Elway Street, upon and sub�eet to the �ollowing provisionss terms and eonditionss a. That gaid permittee shall grade and pave said strip of land entirely at his own. " expense, under the supervision and to the satisfaetion o� the Commissioner of Publie Works and �n accordance with th� plans and specific�tions pr�pared by him; b. That said perraittee sha11 furnish slope releases to the City of 5aint P�ul; th�.t said permittee ehall pay the cost o� engineering and inapeation on s�aid work, and �or the publication of this orc�inance; c. �hat said permittee shall properly proteet a11 excavations made in the street� both day an�i ni,ght so as to avoid a11 damage or injury to �persons or proper�y; shall pro�erly fill �nd tamp said streats to auo3ri settling and ahall restore said streets tc� their original conditian; d. That �aicl permittee, after the ineepti.on o� safd work, shall proaecute the Yeas Councilmen Nays Passed by the Council Carlson Dalglish In Favor Meredith Peterson Against Sprafka Tedesco Mr. President (Byrne) Approved: Attest: . City Clerk Mayor O Form approved Corporation Counael By 244��9 Pa�e 2. same Qontinuously, �3th diligenoe, and �u11y enmplete gaid work �o the satisfaot#on amd spprati-al o� �aid Camntigaio�er on or b�fore November 15, 1969; e. T�iat said nermittee �xpressly agrees rznc� �nd�rtak�s ta �ully ir�cle�xify and hold ki�,rmless the City of Saint Faul, it� ageuts, r��'�cexs and employee� �rom ar�y an.d sll damages, claiffia, �osses, �udgments, suit� or expenses arieing out of or accasioned by the per�'ormanee o� thE work co�tempiatec� by th�s permi�sion and authority; �. That s�aic� permittee ehall Yurn�.sh a l�ond to the City o� Saint Paul in the su�u o.� Ten �r�►ou��na �da��.ar� (�1o,00v.00) cond3i;ioned to eomply with all the terms a�' this ord3r�an+�e and ta indemuify and s�ve :�arm�.e�ss s$i�d Ci�y from alI l�ability, Toss�, ,jud�;ment�, suiter, eosts, eharges a�c1 e�pense that may �acru� to �exsona Qr pro-- perty oecaeionEd by the mr�ki�� of the imgrovement or arisa.n�; aut of tl�� ame; g. That eaid permittee �hall not proceed to �rade and pave �aid strip c�f Iand unle�s and until said permitte� shall have Yully oomplied with the pravision� re�ardin� insurnnee and indeinni�i+�ation contai�,gct in �he City o� Sai�t Pau1 Department of Publia Works Speoifi�atione �vr �tre�t a�ci. Sewer Conatruetion clated Apr�l 1, 19�9, 5eetio� numbered 1.�4 0� �z�id Specifications, as amendEd, t�pplie�abl� to contraetors. Far� �he purpfl�� o�:` �this ordinance, the a�oresa�.c� section o� saicl Speci�ications numbered 1.�4, as amen�ec�! �hall. Ue read as though the �cror�. "�ermitt�e" �were substituted for the worci "contrAat�r" wherever the sams appet�ra in tg�,e afores�icl �ectiou 1.�4, a� amendec�. S�t�d Se�t�.on 1.4��, as amgnded, of the Sp�ca��catiom�a �'o�' �treet and Sewer Constructioaa �.n. tlie City o� ��int Paul is hereby inearpor�tec� herein by D�, Icate to Printer � ORDINANCE ��9 COUNCIL FILE NO PRESENTED BY ORDINANCE NO—�� Page 3. reference as �ully and as compietsly as if set forth herein verbatiffi. Proof o� coiu�- pliance with the provisions of the a�oresaid section, €zs amend�d, �haYl be in such fox�nt as t�e Corporation Coun�el of the City of Saint P�ul may direct,and �he doouments re- quired by th� aforesaid See�ion i.4�, as amended, ehall, mfter approva�. by the Cor- porat3.on Counsel, be �iled in the offiee o� the Comptroller af the City of Saa.nt Pr�ul; h. That said permittee o�hall submit �aid bond and insurance documents to the 4��ice Engineer oY the De�artment o� Publie ��orks. The Office Engineer shall request approval of eaid documents by the Corgoration Caunsel and upon approval sh�.11 file said documenta with the o�fice of the Comptraller of the City o� Saint Paul; i. That said permittee shall maintain aaid 24 foot paved strip and keep it �ree of sno�r; ,� . Th�t if and when Elway Street is graded and surfaced to a �'ull wi.dth, the entire wor& dQne by permittee �ould be deatroyed and �aid , permit�ee would be required to pay a full assessment for this paving and grading; k. That said permittee shall, within thirty (30) clay� after the paasage of this ordinance, file �. Vrritten aceeptanee thereof with the City Clerk. Section 3. This is an amer�eney ordinance rendered necessary for the preser�ation of the puUlie p�ace, health and saf ety. Sect3.on 4. This ordinance shall take effect and be in force Yrom an�i a�te?^ its pa$sage, approval and publication. .�� 2 � 1969 Yeas Councilmen Nays Passed by the Council Carlson Me�h , n Favor Peterson G Against Sprafka . Tedesco Mr. President (Byrne) Approved: ��'t�`a %� � �� _� . � Attest: City Clerk Mayor �O Form approved Corporation Counsel By � . . a Saint Paul, Minnesota June 30, 1969 To the Honorable, the City Council Saint Paul, Minnesota Gentlemen: I, the undersigned, do hereby accept and a.�ree to abide by all the terms and conditions of Council File No. 244309, being Ordinance No. 1�+207, adopted by the Council on dune 20, 1969. �f � �.,�'� �..,_ � l .. ` `��:�� ` 4'� �� William e�S �� n -� t a i ' ; ' LAW OFFICES ROBERT A , DWORSKY 630 OSBORN BUILDING ROBERT A.DWORSKY SAINT PAUL, MINNESOTA SSIOZ TELEPHONE 227-7731 OTIS F. HILBERT AREA CODE 6i2 < � 5' � z �� . � New Phone: 224-3841 � �,= s ,. r�� 9E4 ��r��s ��e� JuiY �, 1969 Honorable Mayor and City Council of the City of Saint Paul c% City Clerk Saint Paul City Hall Saint Paul, Minnesota In Re: Ordinance No. 14207 Gentlemen: Enclosed herewith please find acceptance of and consent to abide by the terms of Ordinance No. 14207 signed by William Weitzman, the petitioner therein. � Very uly you , Ot s F. Hilbert OFH:mp enc. I�� ` ''/ � ;� .� � r .,U June 30, 196g Mr. Otis Hilbert llttorney at Law 630 Osborn Bldg. St. Paul, Minn. Dear ;ir: ZJe enclose a copy of Ordinance . 1 , granting permission to William TrleitzMan to grade and pav a 0-ft. wide strip in the East 1/2 of E1way St. betw n th of Montreal and the center line of vacated Adri t., e ding thwesterl,y to the center line of Elway St. ; o bill in e stun of �31.95 to cover the cast �f publication f' this ordi nce. We call your special tention Paragraphs Y and k of Section 2, which requ e fili nd in the amount specified and �he filing o acceptance of the terms oP this ordinance. �he accep- tance m s be filed ' this office, Room 386, City IIall, within thirty �� 0) days a:Pt passa.ge oP this ordinance. If not so �iled, the ord ce become void. �� Very truly yours, n� City Clerk � � � �, I st ° 2nd Laid over to � 3rd and app � —Adop+ed � '� �'? Yeas Nays eas Nays Carlson arlson oa�9�,sh 244`�0 � �` Meredith ��eredith `' �y�� `.,, �` Peterson ��Peterson ��' � Sprafka �prafka Tedesco �edesco � �4 Mr. President Byrne `�`Mr. President Byrne �O