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220297r- _.Qriahsal to. Citr Cleric X- t ORDINANCE 990 COUNCIL FILE NO. PRESENTED BY �, ORDINANCE NO.— An Ordinance granting permission to American Hoist & Derrick Company to install and maintain additional fencing protection on top of the recently constructed flood wall for the entire length abutting the American Hoist & Derrick property. 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: Section 1. That permission and authority are hereby granted to American Hoist & Derrick Company to install and maintain additiona3 fencing protection on top of the recently constructed flood wall for the entire length abutting permitteels property as shown on plans filed with the Commissioner of Public Works... The Commissioner- of_ Public.Works is- hereby authorized to issue a permit therefor to American Hoist & Derrick Company upon their compliance with the - following conditions: 1. Said permittee shall install and maintain said fence at their own expense, and to the satis- faction of the Commissioner of Public W orks. The installation of said fence shall conform to the subject plans and specifications on file with the Department of Public Works. 2. The Common Council of the City of Saint Paul reserves the right to revoke said permit. The removal of said fence, along with the expense of removal,`is the obligation of the permittee, its successors and assigns. 3. Said permittee shall pay the cost of engineering and inspection and also the cost of publication of this ordinance. 4. Said permittee, after the inception of said work, shall prosecute the same continuously, with diligence and complete said work on or before December 31, s 1964 • 5. Said permittee shall furnish a bond of $10,000.00 Ito the City of Saint Paul, conditioned 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 person or property occasioned by the installation of said fence. Yeas Councilmen Nays Dalglish r Holland Loss Meredith Peterson Rosen Mr.President (Vavoulis) Attest: City Clerk 1M "2 Form approved Corporation Passed by the Council 1n Favor Against original t. city clerk y ORDINANCE 9�� COUNCIL FILE NO. PRESENTED BY ORDINANCE NO. Page 2. 6. 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. 7. Said permittee shall not proceed to install said, fence 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 Specifi- cations for Street and Sewer Construction, dated April-,l, 1959,,S,ection 1.44, as�amendedf and found__ on pages 1 -13 through 1 -17. of saki Specifications . applicable to contractors. For the purposes of this ordinance, the aforesaid section of said Specifications numbered 1.44, as amended, shall be read as though the word "permitteetl were substituted for the word "contractor" wherever the same appears in the aforesaid Section 1.44. Said Section 1.44, as amended, 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, as amended, 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 shall, after submission to the Corporation Counsel, be filed in the office of the Comptroller of the City of Saint Paul. emergency the public 8. Said permittee shall, within 30 days after the passage of this ordinance, file a written acceptance thereof with the City Clerk. Sec. 2. This ordinance is hereby declared to be an ordinance rendered necessary for the preservation of peace, health and safety. Sec. 3. This ordinance shall take effect and be in force upon its passage, approval and publication. Yeas Councilmen Nays Dalglish Holland ez&— Meredith Peterson Rosen Mr.President (Vavoulis) Attest: City 04— Passed by the until OCT 2 7 1964 Tn Favor Against OCT 2 71964 Approved:,�,� Mayor IM "2 Form approved Corporation Coin BY� i PUBLISHED OCT 3 11994 I st b �� 2nd Laid over to_. 3rd and app — 1 0 Adopted . Z b Yeas Nays Yeas Nays Dalglish -- "Dalglish Holland �7 Holland Loss Meredith Meredith Peterson __7 Peterson .RResen— Rosen Mr. President Vavoulis �' Mr. President Vavoulis