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223018� 'sl fry Clerk •' is - ORDINANCE ,�2� 1 � � 8 COUNCIL FILE NO. PRESENTED BY ORDINANCE NO. An ordinance granting permission to St. John s Lutheran Church to grade and surface with bituminous material and do all work necessary and incidental thereto in the alley located on -the W. 20= of Lot 27, Block 21 Schurmeibran.d Evans - Addition to St. Paul and to provide drainage facilities as necessary according to plans and specifications as furnished by the Department of Public Works and to grade and surface with bituminous material and do all work necessary and incidental thereto for a turning area located at the, intersection of Beech and Hope Streets, and also to provide the necessary drainage facilities in a manner satisfactory to the Commissioner of Public Works and according to plans and specifications as furnished by the Bureau of Engineers of the Department of Public Works. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1. That permission and authority are hereby granted to St. Johns Lutheraz Church to grade and.surface With bituminous material and do all work necessary and incidental thereto in the alley located on the W. 201 of Lot 27, Block 2, SchvbraeidXend Evans Addition to St. Paul and to provide drainage facilities as necessary according to plans and specifications as furnished by the Department of Public Works and to grade and surface with bituminous material and do all work necessary and incidental thereto for a turning area located at the intersection of Beech and Hope Streets and also to provide the necessary drainage facilities in a manner satisfactory to the Commissioner of Public Works and according to plans and specifications as furnished by the Bureau of Engineers of the Department of Public Works, Section 2. That the Commissioner of Public Works is ereby authorized to issue a permit to St. Johns Lutheran Church to grade and surface with bituminous material the above mentioned alley and turning area, subject to its compliance with the following conditions: 1. Said permittee shall grade and surface said alley and turning area entirely at his own expense and 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. 2. Said permittee shall pay the cost of engineering and inspection of said work and shall pay the cost of publication of this ordinance. 3. Said permittee shall properly protect all excavations k b oxillhal to_CDIY Clerk r PRESENTED BY ORDINANCE Page 3. '126018 COUNCIL FILE NO. ORDINANCE NO.-I I 9. Said permittee shall, within ten days after the passage of this ordinance, file a written acceptance. thereof with the, City Clerk. Section 3. This cr dinance is hereby declared to be an emergency ordinance rendered necessary for the preservation of the public peaces health acid safety. Section 4. This ordinance shall take effect and be in force upon its passages approval and publication. r' — assed by the Council EC 8 1965 Holland f In Favor Los11¢ert- inseam —�GYB a � Peterson Against Rosen DEC., 19; Mr. President (V ulis) Approved: DEC., Attest: t Ci Clerk Mayor • IM 6-62 X22 Form approved Corporation Counsel B -DEC 1 196S s page 2. 226 018 made in any subject alley or turning area, both day and night, so as to avoid all damage or injury to person or property and shall properly fill and tamp any subject alley or turning area to avoid settling. 4. Said permittee, after the inception of saki work, shall prosecute said work continuously, with diligence,and fully complete said work to the satisfaction and approval of the Commissioner of Public Works on or before July 15, 1966. 5. Said permittee expressly agrees and undertakes to N 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. _+ `6: Said permittee shall not proceed to grade and surface said alley and turner area - unless and until said permittee - has fully complied with the' °provisions regarding insurance and $ == in -demnification E nee n e City of Saint Paul, Department Public Works, Specifications for Street and Sewer Construction, dated April 1, 1959,. as amended, Section 1.44 and found r' on pages 1 -13 through 1 -17 of said Specifications applicable k, to contractors. For the purposes -of this ordinance, the aforesaid section of said Specifications numbered 1.44 shall be .� read as though "the word "permittee" were substituted for the -word-"' contractor" -wherever the= same appears in the a2) resaid — Section 1.44,of said Specifications. Said Section 1.44 of the Specifications for Street and Sewer Construction in the City _ of Saint Paul is hereby incorporated lie rein by reference as �. fully and 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 directj•and� the documents required by the aforesaid Section 1.44 shall'after submission to the Cozp oration Counsel be filed in the office,of the Comptroller of the City r _ of 'Saint , Paul . 7. Said permittee -shall furnish a bond to the City of Saint Paul in the sum of $10,000, conditioned to comply with all the terms off, this ordinance and to indemnify and save _. harmless said City from all liability, loss, judgments-; suits, _ r; o.osts, charges and expenses that may accrue to persons or property occasioned by the making of the said improvement or arising out of the same. 8. Said permittee, before entering upon,or doing any of the grading and'surfacing 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 owners releasing and discharging the City from any and all damages by reason of the grading and surfacing of said alley, and turning area and shall file said,written release with the Department of Public Works. • • Y Duplicate to Printer PRESENTED BY ORDINANCE COUNCIL FILE NO 2260`1' 8 ORDINANCE NO. /-3 -1 -1 LZ3 An ordinance granting permission to St. Johnts Lutheran Church to grade and surface with bituminous material and do all work necessary and incidental thereto in the alley located on the W. 20t of Lot 27, Block 29 Schumeier and Evans addition to St. Paul and to provide drainage facilities as necessary according to plans and specifications as furnished by the Department of Public Works and to grade and surface with bituminous material and do all work necessary and incidental thereto for a turning area located at the intersection of Beech and Hope Streets and also to provide the necessary drainage facilities in a manner satisfactory to the Commissioner of Public Works and according to plans and specifications as furnished by the Bureau of Engineers of the Department of Public Works. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1. That permission and authority are hereby granted to St. John'rs Lutheran Church to grade and surface vith bituminous material and do all work necessary and incidental thereto in the alley located on the W. 201 of Lot 27, Block 2, Schumeier and Evans Addition. to St. Paul and to provide drainage facilities as necessary according to plans and specifications as furnished by the Department of Public Works and to grade and surface with bituminous material and do all work necessary and incidental thereto for a turning area located at the intersection of Beech and Hope Streets and also to provide the necessary drainage facilities in a manner satisfactory to the Commissioner of Public Works and according to plans and specifications as furnished by the Bureau of Engineers of the Department of Public Works. Section 2. That the Commissioner of Public Works is hereby authorized to issue a permit to St. John's Lutheran Church to grade and surface with bituminous material the above mentioned alley and turning areal subject to its compliance with the following conditions: 1. Said permittee shall grade and surface said alley and turning area entirely at his own expense and 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. 2. Said permittee shall pay the cost of engineering and inspection of said work and shall pay the cost of publication of this ordinance. 3. Said permittee shall properly protect all excavations Yeas Councilmen Nays Dalglish Holland Loss Mortinson Peterson Rosen Mr. President (Vavoulis) Attest: City Clerk ini "2 22 Form approved Corporation Counsel By Passed by the Council Approved: Mayor Tn Favor Against page 2• ` .' T made in. any sub j`ec,t alley or turning•,aree ,both day and nizght t; so as to,. avoid, all. damage or • injury ; to person or. property and. " f shall= ;properly. 'fill -and•tamp .,any subrje.ct :alley or turning, area t to avoid 'settling ., . r - 4 �a^id;permitee, after the" i�nceptioii ^of' old f" :.,.. ,� s' work, `shall: prosecute` said`%rork;coiifiauously" with 'diligenceIand fully complete, `rsaid,�work'.to' thes•atisfactiori aridi approval of. the Commissioner of Public' Works on or before July 15 . 1.966. t r tt Jr�ssl` agrees and undertakes to , r 5.. Said pe mi ee exp y _ 8 ' fully--indemnify' -and hold- harmless the City =of 8iint Paul,' 'its• f' ` a gents�•'offiaers and - employees from,,,any and all damages. dlaims�.," '"•~'R ' losses judgments, ;suits _ or expenses' arising out 'of- or occasioned. by the: performance, of the `work- contemplated by °'this permission, and authority,. 6. 'Said- ermittee 'shall 'riot proceed to, grade'. and p surface said alloy and turning area unless and until said- permittee, - r has' fully complied with the' provisions - regarding insurance' and indemnification contained` in the . City. of 'Saint - Paul, 'Department . :. 7. - r .:of . Public •Works', ,8p" cificat`ions- for Stre ©t and. Sewer Construction) ` dated April-, 1; 1959- as amended,% Section 1.44 and Pound- on pages 1 -13 through 1 -17, _of said Specifications applicable ' t.o contractors ;For' the _purposes ofi'this _ ordinance ..the �• =i aforesaid - section::of said Specifications numbered _.1;.44 shall be` • ,,, read.-as though the word , "•permittee" , were -substituted for the ' word "contractor'! wherever the same appears An the al resaid Section 1.44,of said'Spec-ifications: Said Section 1.44..'of the.' Specifications" for Street and 'Sewer Construction in the City of "Saint Paul is hereby incorporated be rein' by reference-as +•` 5, `fully and completely. as -if' set forth herein verbatim. -proof of- cotnpliaince Vith,,the provisions of �the,.aforesiaid'Section, -1.44 - shall. be • in such • form.- as'-the, Corporation ",Counsel -of the City• of ;Saint • -Paul may direct,- and.ythe -documents,;re.quired by the sr aforesaid Section 1.44 sha11 •after submission to , the Coip oration = Counsil be filed- in 'the '' off ice of. thi "Comptrolier ,of the' City of; Saint i'nt Paul _ r . _ SsidY rmittee shall furnish a' bond to the. City of - 7 Pe Swint Paul ' in 'the sum.- of• $10,000, donditioned to ' comply' with - .'all the terms- of this , ordinance and - -tb" indemnify- and, save harmless said City from'all liability -,, loss judgments, suits •. >' - oosts,'_charges and' expenses %that�may'adcrue to persons or' ; ►;' property occasioned_ by th ' making •• of the -sai`d improvement or . arising out -of the same.-ti- 8'. said permit eel. before entering upon or doing any' -'of ,the"gradirig and surfacing herein permitted and authorized, ' _± shall ,procure from •the abutting owners' such-easements in rand ' to` the abutting property property-as -may, be - necessary f_.or,'.slopes, cuts ` :and fills,,: and', shall' -obtain' a,•written release from' `such 4 - owners releasing. arid:,discharging the City 'from any and all damages • by reason of the 'grading and-surfacing of said' allay - -an- d-•turning area and shall- file said written release -witch -_the ; F' Department 'of Publis Works: ' , 'DapHeate to Printer ORDINANCE COUNCIL FILE NO. PRESENTED BY ORDINANCE NO. Page 3. ,2501.8 9. Said permittee shall, within ten days after the passage of this ordinances file a written acceptance thereof with the City Clerk. Section 3. This ar dinance is hereby declared to be an emergency ordinance rendered necessary for the preservation of the public peace, health acid safety. Section 4. This ordinance shall take effect and be in force upon its passage, approval and publication. ►J Yeas Councilmen Nays Dalglish Holland Loss 'Peterson Rosen Mr. President (Vavoulis) Attest: City Clerk IM 6-62 zz Form approved Corporation Counsel By WS Passed by the Council Tn Favor Aroainst Approved: DEC 8192;5 Mayor St. - Paul ,Minnesota- December 14 s 1965 To the Honorable, -the rCity Council , Saint Paul; Minnesota. :- Gentlemen: " We, the undersigned, do hereby accept and agree to - ' " "- .abide by al-1:the terms and conditions of Council File No. 22601$,, being.0r_dinance 13113 - adopted by the Council-on, . -No. _ `$, December 1965. ,r "• = '- %w, :y "' ". ; ST. JOHN t S LUTHERAN CHURCH­'- Vf By 'fib§" .. ,.. - . ✓ /A +4' •�.+ - - a tit +- '`b 's.. # !. -R y; _ i,.. - 'l: _ .: � - of _ .x. •'- Ire .�. ._ -- —� � -• _ _ — �° ' - - - ' - T. Dec • i't'�5 • - , Mr. Robert Wi Ile , Attorney at Lair, ' Pioneer B14o � St, caul, Minn. - - ° Dear girt ' We ehdC 086 a copy of nonce 3.33-131, 9r,8ting you permission to grade the alle cat n the west 20 feet of Lot 27, Block 2, Schurmeiexr and' Addition; also bill - in - the sum of $'8.50 to c e, , co f publication, of this ordinance. _ _ ` Wef call yo pecial att Lion_to Paragraphs .7 and g of Oectioii 2 which re u're the fil g of a bond ih the amount r specified and the fill of an ac tance of the terns 'of Uls 4 ordinance. t b' ed is office, Room 386t'-City . * _ Hall, withi Be Z. o filed, the ordinance becomes ~, ` void.. ` Very truly yours. _ - City Clerk h _ .. _. r- ` - - - _ •fir - _ r .. r ,,, Y _ _• - _ .- _ - -� _ -- ; is - •. ~ }• - - ORIGINAL CITY OF SAINT PAUL TO PAYOR • OFFICE OF THE COMPTROLLER RECEIPT N? 2065 LCEIVED OF $ loo CA 40V l�wvl t ` (Qc Ot� C9�1 ctv-L G CITY COMPTROLLER 3-es a2 C� c- , as �0�� p - /a - F- L.'S BY I st jl-,2-3 f �• 2nd Laid over to 3rd and app. _Adopted lod Y as Nays Yeas Nays �Dalglish �Dalglish +6ffmr& I �i 6��Holland Loss 42tJla� Loss �eredifh Meredith Peterson Peterson � � J 7 Rosen ` Rosen Mr. President Vavoulis �Mr. President Vavoulis