222846Original- to City Clerk
, PRESENTED BY—
DINANCE
COUNCIL FILE NO.
V�1,12A ORDINANCE NO.
K
AN ORDINANCE PERTAINING TO CONDITIONS FOR
VACATING PUBLIC STREETS, ALLEYS AND GROUNDS,
AMENDING SECTION 228, o4 OF THE SAINT PAUL
LEGISLATIVE CODE, AS AMENDED.
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section 1. That Section 228.O4 of the Saint Paul
Legislative Code, as amended, be and the same is hereby further
amended in the following particulars: That Subd. (b) thereof
reading as follows:'
"(b) The petitioners, or some of them shall
file a bond or undertaking with the City Clerk in such
sum as may be fixed by the Council, in such form as may
be -approved by -the- Corporation Counsel; -and= with -such'
sureties as may be approved by the Mayor, conditioned
to indemnify_ and hold the City harmless from any and
all damages, claims for damages, costs, charges and
expenses of every kind and nature arising or growing
out of the vacation of the street described in the
resolution."
hereby is amended to read as follows:
"(b) The petitioners, or some of them, shall
file a bond or undertaking with the City Clerk in such
sum as may be fixed'by the Council, in such form as may
be approved by the Corporation Counsel, and with such
•sureties as may be approved by the Commissioner of Finance,
conditioned to indemnify and hold the City harmless from
any and all damages, claims for damages, costs, charges
and expenses of every kind and nature arising or growing out
of the vacation of the street described in the resolution;
provided that whenever the petitioner is a municipal cor-
poration or other governmental agency, the Council may
waive any bond or undertaking and in lieu thereof may
accept a written covenant from said municipal corporation
or governmental agency, conditioned to indemnify and hold
the City harmless from any and all damages, claims for
damages, costs, charges and expenses of every kind and
nature arising or growing out of the vacation of the
street described in the resolution." -
Sec. 2. This ordinance shall take effect and be in
force thirty days after its passage, approval and publication.
Yeas Councilmen Nays
Dalglish
Holland
Loss
Peterson
Jtosen
Mr. President (Vavoulis)
Attest:
City Clerk
IM "2 22 Form approved Corporation Counsel By
APR 22 MS
Passed by the until
-In Favor
Approved
PUBLISHED APR 24 196b
Area Coda 612 r
223 -5121
RICHARD J. BATTIS
First Assistant
ROBERT E. O'CONNELL
Special Assistant
STEPHEN L. MAXWELL
Corporallon Counsel
.n
April 6, 1965
2 44010
Mr. James J. Dalglish
Commissioner of Finance
Dear Sir:
Re: Filing of bonds by public agencies in connection
with the vacation of public alleys and streets.
In answer to your correspondence dated March 5, 1965,
relative to the Council waiving bond requirements for certain
vacation applications, I am of the opinion that Section 228.0+
of the Legislative Code does not provide for any waiver.
It appears that the
quirements for any public
proceeding, would have to
the present Section 228.0
but it does not seem that
nishing the bond.
Council, in order to waive bond re-
body who is a petitioner in a vacation
amend the existing ordinance. Under
4 the Council could set a nominal bond,
this would solve the problem of fur-
Enclosed you will find an ordinance amending Section 228.0+,
which will give the Council discretion in waiving bonds when any
public agency is the petitioner. Also, please note that we have
changed the present ordinance by placing responsibility for ap-
proval of sureties with the Commissioner of Finance rather than
the Mayor.
If you have any questions concerning the amendment, feel
free to contract the undersigned.
Very truly yours,
R chard J ttis
First Assistant
Corporation Counsel
RJB:ja
attach.
I 2z
t
CIVIL DIVISION
a
THOMAS J. STEARNS
•
DONALD C. HANSON
JOHN J. McNEIL
JEROME J. SEGAL
NEIL P. CONVERY
OFFICE OF THQ CORPORATION COUNSEL
CRIMINAL DIVISION
CITY OF SAINT PAUL
DANIEL A. KLAS
GERALD .A. ALFVEBY
LEGAL DEPARTMENT
PAUL J. KELLY
JON R. DUCKSTAD
316 City Nall. St. Paul. Minnesota 55102
ARTHUR M. NELSON
April 6, 1965
2 44010
Mr. James J. Dalglish
Commissioner of Finance
Dear Sir:
Re: Filing of bonds by public agencies in connection
with the vacation of public alleys and streets.
In answer to your correspondence dated March 5, 1965,
relative to the Council waiving bond requirements for certain
vacation applications, I am of the opinion that Section 228.0+
of the Legislative Code does not provide for any waiver.
It appears that the
quirements for any public
proceeding, would have to
the present Section 228.0
but it does not seem that
nishing the bond.
Council, in order to waive bond re-
body who is a petitioner in a vacation
amend the existing ordinance. Under
4 the Council could set a nominal bond,
this would solve the problem of fur-
Enclosed you will find an ordinance amending Section 228.0+,
which will give the Council discretion in waiving bonds when any
public agency is the petitioner. Also, please note that we have
changed the present ordinance by placing responsibility for ap-
proval of sureties with the Commissioner of Finance rather than
the Mayor.
If you have any questions concerning the amendment, feel
free to contract the undersigned.
Very truly yours,
R chard J ttis
First Assistant
Corporation Counsel
RJB:ja
attach.
I 2z
t
I st ` 2nd_
, I I -. Laid over to
3rd and app — Adopted
Yeas Nays Yeas Nays
`�Dalglish �alglish
Holland �olland
Loss � Loss
Meredith 2228N Meredith
l
Peterson � ` i Peterson V
V
- Rosen „$oson
Mr. President Vavoulis
1VIr. �iee'e:b ,,c.M.,
°U;@
President (Rossi)