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213667IJ Original Io-City Cleric Council File No. 213667- 6rdinance No. 12514 —By Milton Rosen— �osRD �_ i ordinance g canting permission to Zo ,and North Western R 1" WT a W1. rnti i M,7" .i COUNCIL FILE NO PRESENTED BY 213667 ORDINANCE NO. ' � � An ordinance granting permission to Chicago and North Western Railway Company, a Wisconsin corporation, to construct a public sewer in Westminster Street from Whitall Street to a point 1015 feet south of Whitall Street, to serve a strip of land 200 feet in width in the SW 1/4 of the SW 1/4, Section-29, Township 29 North, Range 22 West, lying adjacent to and easterly of Westminster Street and extending from the south lot line of - L-ot:.$ y .Block _8 Edmund',Rice':s_ First Audition to St. Paul, to Minnehaha Avenue. Tliis 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 given to Chicago and North Western Railway Company, a Wisconsin corporation, to construct a public sewer in Westminster Street from Whitall Street to a point 1015 feet south of Whitall Street; the following described property to be served by such sewer, may be connected therewith, for Said purpose, without any requirement for any payment to said City therefor, either an advance sewer assessment deposit, or of other nature: A strip of land 200 feet in width in the SW 1/4 of the SW 1/4, Section 29, Township 29 North, Range 22 West, lying adjacent to and easterly of Westminster Street and extending from the south lot line of Lot 8, Block 8, Edmund Rice's First Audition to St. Paul, to Minnehaha Avenue, in the record ownership of said Chicago and North Western Railway Company. Section 2. The Commissioner of Public Works is hereby authorized to issue a permit to Chicago and North Western Railway Company for the construction of said sewer,upon its compliance with the following conditions, viz: 1. Said permittee shall construct said sewer entirely at its own expense, under the supervision and to the satisfaction of the Commissioner of Public Works, and in accordance with the plans and specifications prepared by him. 2. Said permittee shall pay the cost of engineering and inspection of said work, and for the publication of this ordinance. 3. Said permittee shall properly protect all excavations made in the streets both day and night so as to avoid all damage or injury to persons or property; shall properly fill and tamp said streets to avoid settling and shall resurface, in accordance with the plans and specifications of the Department of Public Works, any portions of Westminster Street and Whitall Street that are disturbed during the construction of the sewer. Yeas Councilmen Nays Dalglish a r Holland Loss Mortinson Peterson „ Rosen Mr. President (Vavoulis) " Attest: ; z• City Clerk 1M 6-62 X22 ` Passed by the Council Tn Favor A J l - 00 anal to-City Cleric 4 PRESENTED BY ORDINANCE COUNCIL FILE NO. ORDINANCE NO. 213667 4. Said permittee, after the inception of said work, shall prosecute same continuously with diligence, and fully complete said work to the satisfaction and approval of said Commissioner on,kor before October 15, 1963. 5. 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 contem- plated by this permission and authority. 6. 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 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 or arising out of same. 7, Said permittee shall not proceed to construct said sewer 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, Section 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 1.44 shall be read as though the word "permittee" were substituted 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 Oity-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. 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. JUL 16 1963 Yeas Councilmen Nays Passed by the 7neil Dalghsh Holland Loss 0 In Favor Mortinson Peterson Against Rosen �r Mr. President (Vavoulis) AL 16 1963 Approved: Attest: City Clerk Mayor IAl 6-62 22 DupUmb to Printer ` 'ORDINANCE COUNCIL FILE NO. PRESENTED BY ORDINANCE NO. An ordinance granting permission to Chicago and North Western Railway Company, a Wisconsin corporation, to construct a public sewer in Westminster Street from Whitall Street to a point 1015 feet south of Whitall Street, to serve a strip of land 200 feet in width in the SW 1/4 of the SW 1/4, Section 29, Township 29 North, Range 22 West, lying adjacent to and easterly of Westminster Street and extending from the south lot line of .Lot. % Block.-,% Ec4=- d Rice'a first addition to St. Paul, to Minnehaha Avenue. This is an emergency ordinance rendered necessary for the preservation of the public peace, health, and safety. THE COUNCIL OF THE CITY OF SKINT PAL% DOES ORDAIN: 213667 Section 1. That permission and authority are hereby given to Chicago and North Western Railway Company, a Wisconsin corporation, to construct a public sewer in Westminster Street from Whitall Street to a point 1015 feet south of Whitall Street; the following described property to be served by such sewer, may be connected therewith, for said purpose, without any requirement for any payment to said City therefor, either an advance sewer assessment deposit, or of other nature: A strip of land 200 feet in width in the SW 1/4 of the SW 1/4, Section 29, Township 29 North, Range 22 West, lying adjacent to and easterly of Westminster Street and extending from the south lot line of Lot 8, Block 8, Edmund Rice's first addition to St. Paul, to Minnehaha Avenue, in the record ownership of said Chicago and North Western Railway Company. Section authorized to issue i for the construction conditions, viz: The Commissioner of Public Works is hereby permit to Chicago and North Western Railway Company of said sewer,upon its compliance with the following 1. Said permittee shall construct said sewer entirely at its own expense, under the supervision and to the satisfaction of the Commissioner of Public Works, and in accordance with the plans and specifications prepared by him. 2. Said permittee shall pay the cost of engineering and inspection of said work, and for the publication of this ordinance. 3. Said permittee shall properly protect all excavations made in the streets both day and night so as to avoid all damage or injury to persons or property; shall properly fill and tamp said streets to avoid settling and shall resurface, in accordance with the plans and specifications of the Department of Public Works, any portions of Westminster Street and Whitall-Street that are disturbed during the construction of the sewer. Yeas Councilmen Nays Dalglish Holland Loss Mortinson Peterson Rosen Mr. President (Vavoulis) Attest: o City Clerk I M 8-82 2 2 Passed by the Council Approved: Mayor In Favor Against DUDUcats to Printer "ORDINANCE ,;, PRESENTED BY COUNCIL FILE NO. 213667 ORDINANCE NO. 1 25J4— 4. Said permittee, after the inception of said work, shall prosecute same continuously with diligence, and fully complete said work to the satisfaction and approval of said Commissioner oncor before October 15, 1963. 5. Sa d 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 contem- plated by this permission and authority. 6. 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 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 or arising out of same. 7. Said permittee shall not proceed to construct said sewer 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, Section 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 1.44 shall be read as though the word " permittee" were substituted 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. 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. Yeas Councilmen Nays Dalglish Holland Loss Mortinson Peterson Rosen Mr. President (Vavoulis) Attest: City Clerk 1 M 8-82 22 JUL 16 1963 Passed by the Council /7 In Favor Aroainet Approved: loll jut- Mayor Saint Paul, Minnesota July 22, 1963 To the Honorable, the City Council Saint Paul, Minnesota Gentlemen: We, the undersigned, do hereby accept and agree to abide by all the terms•and conditions of Council File No. 213667, being Ordinance No. 12514, adopted by the City Council July36, 1963- CHICAGO AND NORTH WESTERN RAILWAY COMPANY BY VICE PRESIDENT AD CA EMOlM s ry', •:lam 4. -.4`_' - .••'` �, ,____ a - ' J= • ' - :.`l w -. _ • _ - a - - .� - _ - _ L •_ r- July 22t .1963: • - yr ' .. ., . .. - .r�•.t . '. ,,• _ • - •,.♦ -- , -- - ` - • - -� -- -' ., lit. EW 1KOM18i Division Engineer. Al. Chicago & North - Western: Railvey Coe'. = _ - 27�_ E. Fourth St. St. Paul 10.xinnesots. >. " We enclose a copy of Ordinance No. 12 tang permission to the ' : > Chicago and 'North western Rail C construct a public sewer. - in a portion of Westmino to ,a point 1015 ft:.- • south of White.0 Stet- as fully ri the ordinance; Also..' ; ` bill. in_ the sum of $265 cover the t publication of this ; . ordinance. We- call your speefti atteni to ph 6 of Section , 2 which requires .the filing of a the Gifiedi- We also enclose a form of acceptance to' and returned to this office.: Will you please _ ' send us the end the a eptance to Roam 38.6.City Hall.as soon is* : = - -'poseXble? {,e cal7. yo e�tter�tioa to` the other termrs, epzul�,t gi s ,� --- - pravisiaa�s�' the et. = Very truly Ya?res ; -City Olerk a -_ •:t x � \�� 1y: r 4• — r , 4 - '•- ` • .. tom,, - - , - , .. _ r - ORIGINAL - y � CITY OF BAINT PAUL TO PAYOR OFFICE OF THE COMPTROLLER RECEIPT N° 1606 &4ZZLO,-, 19-0 RECEIVED, F $ 1O° FOR -2 13 6 C 2-&tt� 4 t\ CITY COMPTROLLER moo 5 -ca 22 BY ^t i� Laid over to 3rd and app d'opte Yeas Nays -Ileas Nays �alglishDalglish �olland ` Holland \ Loss �MortinsonI I Mortinson \Peterson Peterson Rosen ` Rosen — �reaident�tx� �LLU�— Mr. President Pavoulis 21356 pt7gLISHED�-