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231257Original to City Clerk .I-- PRESENTED BY _- ORDINANCE 231257 COUNCIL FILE NO ORDINANCE NO. t� An ordinance authorizing the issuance of a permit to Augie's Inc., 2400 Endicott Street, Saint Paul, Minnesota, acting through its secretary, LeRoy H. Augustine, to install and maintain subsurface footings and pile caps extending a maximum of.a foot and a half into the boulevard area of Wycliff Street and at variable depths below the existing grade, south and westerly of Endicott Street as shown on the attached plan. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1. That permission and authority are hereby given to Augie's Inc., 2400 Endicott Street, Saint Paul, Minnesota, acting through its:•secretary, LeRoy H. Augustine, to install and maintain subsurface footings and pile caps which shall extend a maximum of a foot and a half into the boulevard area of Wycliff Street and at variable depths below the existing grade, south and westerly of Endicott Street, according to the plans attached hereto and.incor- porated herein by reference; and that the Commissioner of Public Works is hereby authorized to issue a permit to said Augie's Inc.,.., upon its compliance with the following conditions, viz: 1. Said permittee shall file plans and specifications for said pile caps with the Commissioner of Public Works and the Commissioner of Parks and Recreation and Public Buildings, which plans and specifications shall be subject to the approval and satisfaction of said Commissioners, and said pile caps shall be installed in accordance with said plans and specifications at the permittee's expense and to the satisfaction and under the super- vision of the Commissioner of Public Works. 2. Said permittee shall pay the cost of engineering and inspection and also the cost of publication of this Ordinance. 3. Said permittee, after the inception of said work, shall prosec-4e the same continuously, with diligence, and complete said work on or before October 31, 1967- 4. Said permittee expressly agrees and under- takes 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. Yeas Councilmen Nays Passed by the Council Carlson Dalglish Tn Favor Holland Meredith Against Peterson _ Tedesco Mr. President (Byrne) Approved Attest: City Clerk M r ® Form approved Corporation Counsel By 23125' Page 2. 5. Said permittee shall furnish a bond of $10,000.00 to comply with all the terms of this ordinance, and to indemnify and save the City harmless from any and all loss, liability, judgments, suits, costs, charges, damages or expense that may accrue to persons or property occasioned by the work performed pursuant to this permit. 6. Said permittee shall not proceed with said work unless and until said permittee shall have fully complied with the provisions regarding insurance and indemnification contained in the City of Saint Paul, Department of Public Works Specifications for Street and Sewer Construction, dated April 1, 1959, as amended, Section 1.44,and found on pages 1 -13 through 1 -17 of said speci- fications applicable to contractors. For the purposes of this ordinance,,the aforesaid section of specifications numbered 1.44, as amended, shall 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, as amended, 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 1.44 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 shall, after submission to the Corporation Counsel, be filed in the Office of the Comptroller of the City of Saint Paul. 7. Said permittee shall restore said boulevard to its original condition after installing said footing. If the purpose for which such footings are constructed ceases to exist, the permittee shall at the request of the Council of the City of Saint kul, and at its own cost, remove such installations and again restore said sidewalk and curbing to approxi- mately its original state or condition. original to+City Clerk n ORDINANCE 23125 COUNCIL FILE NO. PRESENTED BY ORDINANCE NOS ' Page 3. 8. Said permittee shall, within thirty (30) days after the passage of this ordinance, file a written acceptance thereof with the City Clerk. Section 2. This ordinance shall take effect and be in force thirty (30) days after its passage, approval and publica- tion. Yeas Councilmen Carlson Dalglish Holland Meredith Peterson Tedesco Mr. residents A 4. Ci VAN 5 361, Nays Passed by the Council a In Favor L/ A gainst AN 5 196`x, Form approved Corporation Counsel By - .`C 9 i� � Y. -Cx =Y 1 yrT- ' ,� r�- ` • , - , • • . •' •_ • •f � . t , t - Saint Paul, Minnesota, _ January 9,-1967..- To the Honorable, -the City-Coundil, ; Saint Paul, Minnesota. Gentlemen: ; ' +• We, -the undersigned, do hereby accept and agree to abide p' by all the terms and conditions of Council File -No. 231257, being Ordinance,No; 13520,•adopted by the Council on January 5, 1967. , tip_ _ ,• AUGIE' S , INC. By Y l - • '- ::'y k h �. : � -yam•-, - . rr - '- ' t • 8,.1967. - AugW X j anti . 244 EnUeptt St.. � _ �-- - .. • - - _ - - - .. - -• _ Attn: bS .LeRoy ne', Secretai GentUmni - ` We enclose ooyy of Ordi . No. 520, granting you per=► _a : ` • mission to install and medtteiina e f ings and pile ceps - �xtehding a maximum of a toot and a f - i he bou].eirard area of, _ ' Wydlilt Street and at variable de bel a existing grade, mouth - and Vesterly of-Rndicott Street; als n the sum bf $26435 to cover the coat of public i this n0ce. - F We -col your ia1 atte on t Wa9he 5 and 8 of Section 1 which require a filing -o a bond in the ' amount specified and the !sling of an ac taryce of t terms. of ahis ordinance c , .both - must ,be tiled in this o cep Rodm j. :City Halls wi.t'h_in 3�O days. _ If not so fi void* very truly yours* ` City Clary , hp �� d �� �/� /b7 J' 7 a �. st �� �' 2nd Laid over to 3rd and app / t—Adopfed Yeas Nays Yeas Nays ��arlson Carlson alglish ��� f►-. alglish (� Holland olland V eredith eredith \ <edesco Tedesco akTsmr'— Peterson U �j Mr. President B�ranef � ' Mr. President Byrne I (% ® ; `�