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241644 OriQinsl to C��'ty Clerk . � ' . , � � ORDINANCE 2�r�_�� _ � COUNCIL FILE NO.— rRESENTED BY ORDINANCE NO � � An ordinance authorizing and permitting Macalester College to grade, pave, sai + � r c�ra�rccv°��.."ab and install sidewalks on Macalester Street and Princeton Street beginning at a point 140 feet west of the center line of Macalester and Princeton Streets and extending to a point that lies 175 feet south of the center line of Princeton and Macalester Streets. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section l. That permission and authority are hereby granted to Macalester Gollege to grade, pave, �nat�� C'^n�'r to ri�rh and �� and install sidewalks on Macalester Street and Prineeton Street beginning at a point 140 feet west of the center line of Macalester and Princeton Streets and extending to a point that lies 175 feet south of the center line of �Princeton and Macalester Streets. Section 2. That the Commissioner of Public Works is hereby authorized to issue a permit to Macalester College to grade, pave, a,,,a�4e�re�e� and install sidewalks on the . streets above named subject to compliance with the following con– ditions: a. Said permittee shall grade, pave, .�_ a.nd_�-��-t�r- a�.d install sidewalks on Macalester Street and Princeton Street 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 of the Department of Public Works; b. Said permittee shall pay the cost of engineering and inspection o� said work and shall pay the cost of publication of this ordinance, and said permittee shall pay engineering and inspec– tion costs incurred by the City herein; c. Said permittee, after the inception of said work, shall prosecute said work contin.uously, with diligence, and fully complete said work to - the satisfaction and approval of the Gommissioner of Public Works on or before November 15, 1969; Yeas Councilmen Nays Passed by the Counci� Carlson Dalglish Tn Favor Meredith Peterson Sprafka Against Tedesco Mr. President (Byrne) Approved: Attest: City Clerk May r �� ;;--- Form approved Corporation Counsel By , , . • ^ ��-�_�±!�� Page 2. d. 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 , judgments, suits, or expenses arising out of or occasioned by the performance of the work contemplated by this permission and authority; e. Said permittee shall not proceed to grade and pave, install concrete curb and gutter and install sidewalks on. said streets unless and until said permittee has fully complied with the provisions regarding in.surance and indemnification contained in. the City of Saint Paul , Department of Public Works Specifica- tions for Street and Sewer Construction, dat,�d April 1, 1g59, as amended, Section 1.44, and found on pagesl-13 through 1-17 of said Speci�i— cations applicable to contractors. For the purpose of this ordinance, the aforesaid section of said Specifications numbered 1. 44 shall be read as though the word "permittee" were sub— stituted for the word "contractor" wherever the same appears in the aforesaid Section 1. 44. Said Section 1.44 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. Proo� of compliance with the provisions of the aforesaid Section 1.44 shall be in such form as the Corporation Coun.sel of the City of Saint Paul may direct, and the documents required by the a�oresaid Section 1. 44 shall , after submission to the Corporation Counsel be filed in the o�fice of the Comptroller of the City of Sain.t Paul; f. Said permittee shall furnish a bond to the City o� Saint Paul in the sum of Ten Thousand Dollars (�10,000.00) , conditioned to comply with all the terms of this ordinan.ce and to indemn.ify and save harmless said City from all liability, loss, judgments , suits, costs, charges and 2��-��_��%� Page 3. expen.ses that may accrue to persons or property occasioned by the making of the said improvement or arising out of the same; g. Said permittee, before entering upon or doing any of the grading, paving, �ng ��e�e---e��-� a�,�-.��e r and i ns t a 11 i ng s i d e— walks herein permitted and authorized, 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 own.ers releasing and discharging the City from any and all damages by reason of the grading, paving, ��1�� c�nnr�rPt@��b °�� and installing sidewalks on said streets and shall �ile said written releases with the Department of Public Works; h. Said permittee shall maintain the street and project during the period of this permit, and shall keep the same free and clear of snow by plowing the snow at the sole cost and expense of the permittee, until such time as the project is , completed and accepted by the City of S�.t Paul; i. Said permittee shall dedicate, in a form satisfactory to the Corporation Counsel , property for street purposes within the line of Macalester and Princeton Streets described above; j . Said permittee shall make arrangements with Northern States Power Company an.d the Water Department for the relocation and realignment of utilities in the existing Macalester and Princeton Streets ; k. Said permittee shall, within ten (10) days after the passage of this ordinance, �ile a written acceptance thereof with the City Clerk. �:;i Orl�nal to City Clerk � � � OR�DINANCE ��° 2�.1_�'�.� COUNCIL FILE NO PRESENTED �Y ORDINANCE NO C Page 4. Section 3. This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication. �an� z � i�� Yeas Couneilmen Nays Passed by the Cqunci� Carlson / � D��: � '�� In Favor Meredith Pe�O� _(� A gainst Sprafka �ecl�e�seo--- M . Preaide A ed: _ tteat: � , ity Clerk � Ma or �� Form approved Corporation Counsel By � •--- � �uBUSHE� FE81 1969 . Saint Paul, Minnesota February 3, 1g69 To the Honorable, the City Conncil Saint Paul, Minnesota Gentlemen: We, the undersigned, do hereby accept and a�ree to abide by all the terms and conditions of Council File No. 2�+16�+4, being Ordinance No. 14096, adopted by the Council on January 2b, 1969. MACALESTER COLLEG ' r BY � �. ' � w f MACALESTER COLLEGE SAINT PAUL, MINNESOTA 55101 ■ VICE PRESIDENT FOR February 6, tg69 FINANCIAL AFFAIRS Mr. Harry E. Marshall , City Clerk City of Saint Paul , Bureau of Records 386 City Hatl St. Paul , Minnesota 55102 Dear Mr. Marshatl : Thank you for your letter of February 3 enclosing a copy of Ordinance #14096 granting Macalester College permission to grade, pave and install sidewalks on Macalester Street and Princeton Street as de- scribed in the Ordinance. We appreciate very much your expeditious handling of this matter and the action taken by the City Council . Enclosed with my letter is a signed acceptance which you indicated must be filed in your office within ten days of the date of your letter notifying us of the decision of the City Council . lf there is any other action required at this time, I should appreciate your letting me know. We have noted the paragraphs f and k in Section 2 which you have called to our attention. We are aware that we must provide a bond for the City of St. Paul in the amount of $10,000 prior to perform- ing any work in the area. We are now in the process of receiving bids, which are due in on February 21st for the construction of our new Science facility. Some time after that date, when we have agreed on the contracts for the building, we shall also be prepared to provide for you a bond and a written statement of the schedute we expect to follow in performing this work. If there are any other actions which we should take at this time, please let me know. Sincerely yours, '`� • . Joh M. Dozier Vice President for Financial A airs JMD: rw Enc. cc: Mr. William B. Burpee Mr. Willian F. Orme � �. �;.,c�/C..�,��. F�bruarY 3, 19�9 1 � j � a , � Macalester College �------� �� =---_.____._-- � 1600 Grand Ave, '� '� 3t. Paul� Minnesota� ��\ ,/�� `� GBptlemen: ,'�/�, \, / ; r ,f � ; We enclnse a capy of Oardinanc��. 14 ;�gxa,nting you permis�ion to grade, pav+e and install sidewa7.�� n calester St. and prf.neeton St. beginning at a goint 1�+0 feet w�s'!�� the center line of Macalester and Prineetan St�. an�-♦e to �aint that 1ie� 175 feet so�th oP the center l.ine o�`/i�rinceto nd��',�c legter Sts.; also biZl. in the sum of$33.30• � � I � We ca11 your speci�,i ��attention Paragraph� f eaad k of Section 2, which require the fi •�g of a d in the arnount speciPied and the filing of,ati�G¢ptan �P terms af thi+� ardinanc�. The acceg- tance mus '�be Piled in this offi.ce, Room 3$6, City Hall� writhin 14 days. not ao fil,e�d the ordinancs becom�s vo3.d. I � � �, ��/� Very truly 3roure�� `�� _ // �% City Clerk ng Ist I� • _ , ' , ' 2nd i `� Laid over to % 3rd and app 1 ,� —Adopted �� Yeas Nays Yeas Nays Carlson `Carlson �— �alglish r.' `� Meredith h-�." �'-�;`� �Ivleredith Pe�ers� �Peterson � � � Sprafka �Sprafka � -Iade�!"•� �`� --�edes�0�_ �en - yn+e �:,,.� Mr. President Byrne T:;i. °v ic� i rs:sia;c�i �-�66