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222669t Orlenal to City Cleric. 9 ORDINANCE 22669 COUNCIL FILE NO. _ 1 % PRESENTED BY ORDINANCE NO. An Ordinance granting permission to Harold A. Daniels and Meyer Applebaum to reconstruct at their own expense, the public sewer in Central Avenue (vacated) between Western Avenue and Virginia Avenue, hereinafter particularly described. 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: SECT ION That permission and authority are hereby granted to Harold A. Daniels - #.1%_and-,Meyer Applebaum- -to reconstruct, at -their own cost and expense.,-._the public.- _--__ sewer. in–Centa•1 Avenue =(vacated) between Wes -tern Avenue and Virginia Avenue, 7"7 said -reconst'ruction - beginning at the manhole at Virginia Avenue and continuing -::- �Westerly`a distance of approximately 170.0 feet to a point about 140.0 feet `east of Western Avenue. r SECTION 2 —� The Commissioner of Public Works is hereby authorized to issue a permit to Harold A. Daniels and Meyer Applebaum for the reconstruction of said sewer, upon its compliance with the following conditions, viz: 1. Said permittees shall reconstruct said sewer entirely at their own expense, under the supervision and to the satisfaction of the Commissioner of Public Works, and in accordance with the plans and specifications approved by the Chief Engineer of the City of Saint Paul. 2. Said permittees shall pay the cost of engineering and inspection of said work, and also pay the cost of publication of this ordinance. 3. Saiii`'permittees shall properly protect all excavations made for the reconstruction of said sewer. 4. Said permittees, after the inception of said work, shall prosecute same continuously, with diligence, and fully complete said work, to ztheEsatisfaction and approval of said Commissioner, on or before September 30, 1966. - - 5 Sa +d-- perm3ttees_s all4furnis`h .1 bond to the City_ of Saint Paul -in the sum of Ten, - Thousand Do] lark - ($10,000)_ - cona`i:tionezi--to–�comply with all the terms of this ordinance and to indemnify and save harmless said City from all liability, loss, judgments ",' suits, costs, charges, and expense that may accrue to persons or property occasioned by the making of the improvement arising out of same. ., Oiisinal to City Clerk, f*- ORDINANCE COUNCIL FILE NO. PRESENTED BY ORDINANCE NO. Page 2 222669 6. Said permittees shall not proceed to construct said sewer unless and until said permittees 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, Section Numbered 1.44, as amended, and found on pages 1 -13 through 1 -17 of said Specifications applicable to contractors. For the purposes of:-this ordinance, the aforesaid section of said Specifications numbered 1.4.4 shall be read as though the word ! permittees.' were- - substituted for the word 'contractor' wherever the same appears in the aforesaid Section 1.44. Sa i-d- Sect ion• -=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. Proof of compliance with the provisions of the aforesaid Section numbered 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 permittees shall, within ten days after passage and publication of this ordinance, file a written acceptance thereof with the City Clerk. SECTION 3 This ordinance is hereby declared to be an emergency ordinance 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. As . on c6u- Yeas Councilmen n Nays Holland Peterson Attest xHE t (Rosen) t City Clerk im 5 -00 8 i APR 13 1965 Passed by the Council �-` —In Favor y A gainst APR 13 1965 Approve : Mayor PUBLISHED APR 17 1965 DupHci" tto Printer L , ORDINANCE COUNCIL FILE NO. PRESENTED BY ORDINANCE 'NO. ` An-Ordinance, granting permission to iia'rol'd A. ftniol's'and Moye�'Applebaum to ,reconstruct at � thwlr own expense; the pubtlo sower 'in Central 'Avenue (vacated) between Western Avenue and Virginia Avenues hereinafter particularly described. This Is an emergency ord finance 'rohdorod' ;necessary' for the priisirvit icsi ' of the public peace•, health and safety. The •Counc I 1 of the .City of - Saint• Fatul Wes' Orda ih! • , 3�BT Iflif i • That permission and authority are hereby granted to Harold A. Daniels and Meyer Applebaum•to reconstruct, at their own cost and expensi,•tho public sewer In Central Avenue ( vacated) between Western Avenue and Virginia Avenue, said reconstruction beginning at the manhole at Virginia Avenue and continuing westerly a distance of approximately '170.0 fleet to a polnt ahour 140:0'feet east of.Wsstern-Avenue. SECTION 2 ;The Commissioner of Public,Works is hereby authorized to issue a permit to Harold A. Daniels and Meyer Applebaum for the reconstructioni of said sower, upon its compliance with the following Conditions, via3 1-. Said permittees shall reconstruct said sewer entirely at their own expense, under the supervision and to the satisfaction of the Commissioner of Publlc Works;'end in accordance with the plans and spocificstions approved by the Chief bl ineer of the'City of Saint Paul 2. Said permlttoes shall pay the cost of engineering and inspection of said work. and also pay the cost of publication of this'ordinance. 3. ,Said permittees shall si-, s tly protect all excavations *ads for the reconstruction of sold sower. - 1 '' 1 b. Said permittees, after the Inception of laid °woek, shal•1 'prosecute same continuouslys withAtIlgance, and fuily 'compliti'said work, to the satisfaction and approval of said Commissioner.''on, or' before September 30, 1%6. 5,. • Sald permittees shall forn'ish a bond to the City of Saint Paul In the SUML of Ten Thousand' roll404 ($10,000) condlt'ionid'to comply with-all the terms of this ordinance and to indemhify grid save harmless sold City from all liability,• loss, judyiaents', writs, costs, charges, and expense that may accrue to persons or property occasioned by the making of the Impro0ement aristng'd6t of same. Yeas Councilmen Nays Passed by the Council DeCourcy Holland Loss Tr Favor Mortinson Peterson Against Rosen Mr. President (Vavoulis) Approved: Attest: City Clerk Mayor IM s -so s DaDlla to Printer ORDINANCE 222669 COUNCIL FILE NO. PRESENTED BY ORDINANCE NO.-' ' 0496 2 6. $aid,per*ittlis shall not prociad to construdt said sewer unless and until sa,id'permitties sha'il' have fully compiled with the provisions ',regarding insurance and indemnification contained 'i'n ,the „City of Saint Paul' Department of Pubi ic'l corks icif ications for Street and $ewer Construction dated llpr i 1' 'l , 1959; Sect ion Numbered 1.44, as amended, and found on pagaio 1-13 through 1 -17 of 'said,Ipecffications spplicabla to contractors: Iror the purposes of this ordinance, the, aforasaid section of sold' Specifications numbered 1.44 shat l be' read its `though the word 'persiittees' were'' substituted for the word 'contractor' wherever the same appears In the .aforesaid $action 1.44. Said 5ect'ion 1.44 of the Specifications for'Street mind $ewer Construction in the City of Saint haul it hereby incorporatid herein by reference as fully and as completely as if set forth,herein verbatim. Proof of compliance with the provislons of the aforesaid Section numbered 1.44 shall be in such form as the Corporation Counsel of the City of Saint Paul ma direct, and the documents required by the. aforesaid $action LAW shall, after submission to the Eorporat,lon Counsel, be filed in the office of the Comptroller of the City of Saint Maul. 7. Said permittees shall, within ten days after passage and publication of this ordinance, file a Witten acceptance thereof with the City Clerk, SECTION 3 This ordinance is hereby declared to be an emergency ordinance rendered necessary for the preservation of the public peace; hoilth, and safety. ' SOT 1011 4 This ordinance shall take effect and be in force from and after its passage, approval and publication. Yeas Councilmen 0 N s Holland LosMe�ase� -� Peterson .ewocir -- . Aft, i Attest: M'' Vice President (Rosen) City Clerk im s -so s APR 135 Passed by the Co cif In Favor Approved: Against APR 13 Mayor St.- Paul, Minne sota April 19, 1965 To the Honorable, the City Council St. , Paul, Minnesota- _ , Gentlemen: ` We, the %indersigned, do hereby accept and agree to abide by all the terms and conditions of Council File No. 222669, being - Ordinance No. - 12947;T adoptdd by the Council on April 13, 1965. HAROLD A. DANIELS MEYER APPLEBAUM y ^ L • fit,` . _, _L • Y7�" - . • ., - -` - � .. v, _ - .. _ r +_ April- 190, 1965- 5 Mr.` Robert A. Dworsky " • , , _ t - _ Attorney at Jaws 400 Minnesota BUIg.r , St. Paul, Minn. Dear Sir; We enclose a dopy' of 0 ce,N 2947 granting per,-, • i -` ' mission' to' Harold A.' Daniels and lie aum to reconstruct at their wn expense the public sawAr -in ral Avenpe (vacated) between. - Western Avenue and 'Vixgin also in the' sum of $20,63' to - cover the. cost -,d pu,112 on oft ord e: - -1-16 call your- cial _at en oh -to Paragraphs 5 and 7' of Section 2 which require filing a bond in the amount specified ark the filing of a'c nCe. v terms-of-this ordinance.. • Both _ •- - _ must be filed offi 6r -City.. Hall. within ten days:., -If not -so f ,. the ard.nancc become a void.. _ -_ •- _.'•tom' -_ _• -' --... _• - . Ve ry truly yours 11p • * `r r city clerk .. ' LAW OFFICES DWORSKY & ROSEN 400 MINNESOTA BUILDING ROBERT A. DWORSKY ST. PAUL, MINNESOTA 55101 WILLIAM S. ROSEN STANLEY M. TAUBE April 21, 1965 Mr. Robert B. Gerber, Jr. City Clerk City of St. Paul 386 City Hall St. Paul, Minnesota PHONE 227-7731 In Re: Harold A. Daniels and Meyer Applebaum - My File 1629 Ordinance No. 12947, Council File 222669 Dear Mr. Gerber: Pursuant to your letter of April 19, 1965, I am herewith enclosing and de- livering to you the following in compliance with the requirements of the above ordinance: (1) check to the City of St. Paul in the sum of $20.63 to cover the cost of publication of the ordinance; (2) surety bond in the sum of $10 , 000 executed by the principals and surety; (3) acceptance of the ordinance signed by Harold A. Daniels and Meyer Applebaum. We trust that these comply with the terms of the ordinance, and we stand ready to take any further steps to effect complete compliance. Yours very truly, 6' ROBERT A. DWORSKY RAD :js Enc. ORIGINAL CITY OF SAINT PAUL "t°4 "TO'P%Y�S ., OFFICE OF THE COMPTROLLER =j RECEIPT �v OF goo 9-62 22 N° 1885 C•I� °� � 19 b L'�-v 60-" -�-- - (T . 7-, x'v , a a a c (q (9 A-J, ?20. / a 47 $4 CITY COMPTROLLER ,an 2nd Laid over to 3rd and app Ye s Nays Yeas Nays �alglish Yeas !=lofts -d— , \Holland V Loss ` Loss Meredith 22266 Meredith b Peterson Peterson Rosen Mr. President Vavoulis WHIM �W- 2,0,' o 41r. Vice President (Rosen)