211429r
�A6
Original to, City, Cleric
PRESENTED BY
L,icil File No. 211429 — Ordinance No.
424—By Severin A. Mortinson, by,
'quest—
' F� } „Ftn Ordinance granting permission *;
O R D I N 0 2,. 11 429
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E,ns ;ti53iv!;�16iK �16 i1-1.0 'ho
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At
r "00, �� ORDINANCE NO.
AN ORDINANCE GRANTING PERMISSION TO KLOS BROTHERS
COMPANY, MINNEAPOLIS, MINNESOTA, TO CONSTRUCT A
PUBLIC SANITARY SEWER IN LUELLA STREET FROM WILSON
AVENUE TO A POINT APPROXIMATELY 425 FEET SOUTH OF
WILSON AVENUE- THENCE IN A PERMANENT 20 FOOT WIDE
EASEMENT, ON A,,ZINE BEING AT RIGHT ANGLES TO LUELLA
STREET AND EXTENDING 125 FEET WEST OF LUELLA STREET.
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 Kbs Brothers Company, of Minneapolis, Minnesota, to con-
struct a public sanitary sewer in Luella Street from Wilson
Avenue to a point approximately 425 feet south of Wilson_
Avenue; thence in a permanent 20 foot wide easement, ona
line being at right angles to Luella Street and extending
125 feet west of Luella Street; the following described
property to be served by such sewer:
Lots 1, 2,`39 4, Block 7 and Lots 10,
11, 129 13, Block 8,Hudson Road Gardens
SECTION- 2
The Commissioner of Public Works is hereby au-
thorized to issue a permit to Klos Brothers 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 engineer -
ing and inspection, and also
the cost of publication of
this ordinance.
L
Yeas
Councilmen Nays
Passed by the Council
Dalghsh
Holland
Loss
Tn Favor
Mortinson
Against
Peterson
Rosen
Mr.
President (Vavoulis)
Approved:
Attest:
City Clerk
Mayor
1111 8-82 +22
3. Before
work, said permittee
such easements in and
necessary for slopes,
written release from
the City from any and
tion of said sewer.
'211429
- 2 - Ir � K_ -> �
entering upon or doing any of said
shall procure from the abutting owners
to the abutting property as may be
cuts and fills, and shall obtain a
such owners, releasing and discharging-
all damages by reason of the construe-
4. Said permittee shall properly protect all
excavations made in the streets both day and night so as to
avoid all damage or injury to person or property; said per-
mittee shall properly fill and tamp said streets to avoid
settling, and shall restore said streets to their original
condition; and said permittee shall, according to plans and
specifications therefor to be furnished by said Commissioner,
restore in respect of surface and other conditions the inter-
section of Luella Street and Wilson Avenue and that part of
Luella Street disturbed by said permittee's operations here-
under.
5. 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 or before October 15, 1963.
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 its - performance of-the work contemplated by
this permission and authority.
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, as amended, Section
1.44 and found on pages 1 -13 through 1 -17 of said Specifica-
tions applicable to contractors. -For the purposes of this -
ordinance the aforesaid section of said Specifications num-
bered 1.44 shall read as though the word "permittee" were sub-
stituted 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 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
Origirfal to-City Clerk
ORDINANCE 211429
COUNCIL FILE NO.
PRESENTED BY ORDINANCE NO.
Yeas
- 3 -
Section 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 Section 1.44 shall, after submission to the
Corporation Counsel, be filed in the office of the Comptroller
of the City of Saint Paul.
8. Said permittee shall furnish a bond to the
City "of Saint Paul in the sum of Ten Thousand Dollars
($109000) 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, damages
or expense that may accrue to person or property occasioned
by the making of the improvement or arising out of same.
9. Said permittee shall, within 30 days after the
passage 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
upon its passage, approval and publication.
Councilmen
Dalglish
Holland
Loss
Mortinson
Peterson
Rosen
Mr. President (Vavoulis)
Nays Passed by the Council MAR 19 1963
In Favor
gain
Attest /
Q� f
City Clerk
1M 8-82 22
Approved • MAR 19 1963
Mayor
DuDlleate to Printer
ORDINANCE
COUNCIL FILE NO.
PRESENTED BY ORDINANCE NO.-
AN ORDINANCE GRANTING PERMISSION TO KLOS BROTHERS
COMPANY, MINNEAPOLIS, MINNESOTA, TO CONSTRUCT A
PUBLIC SANITARY SEWER IN LUELLA STREET FROM WILSON
AVENUE TO A POINT APPROXIMATELY 425 FEET SOUTH OF
WILSON AVENUE THENCE IN A PERMANENT 20 FOOT WIDE
EASEMENT, OAT':, LINE BEING AT RIGHT ANGLES TO LUELLA
STREET AND EXTENDING 125 FEET WEST OF LUELLA STREET.
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 ORDAINS
SECTION 1
That permission and authority are hereby granted
to Kbs Brothers Company, of Minneapolis, Minnesota, to con-
struct a public sanitary sewer in Luella Street from Wilson
Avenue to a point approximately 425 feet south of Wilson
Avenue; thence in a permanent 20 foot wide easement, on-d
line being at right angles to Luella Street and extending
125 feet west of Luella Street; the following described
property to be served by such sewers
Lots 1, 29 39 4, Block 7 and Lots 10,
119 12, 13; Block 8 Hudson Road Gardens
SECTION 2
The Commissioner of Public Works is hereby au,.
thorized to issue a permit to Klos Brothers Company'for
the construction of said sewer, upon its compliance with
the following conditions, viz:
1. Said
entirely at its ow
the satisfaction o f
in accordance with
by him.
2. Said
ing and inspection,
this ordinance.
Yeas Councilmen Nays
Dalglish
Holland
Loss
Mortinson
Peterson
Rosen
Mr. President (Vavoulis)
Attest:
City Clerk
IAA 6-62 a0!6�O22
permittee shall construct said sewer
n expense; under the supervision and to
the Commissioner of Public Works, and
the plans and specifications prepared
permittee shall pay the cost of engineer -
and also the cost of publication of
Passed by the Council
Approved:
Mayor
Favor
Against
21.1429' ., .r. _ , Jy• 1!• ',
Before : entering upon or, doing an�r of said
work, said-permittee sha11 procure from the abutting'owners
_. such- easements ln and - to' the' abutting ,property' "as,-, may be
necessary for slopes,' -cuts` and- fills, and shall 'Obtain -a
'-written. reT ®ase from such owners, releasing. and discharging
the ° ity- from `any, and "all "damages .by reason of the cgnstruo= F
tion, of Oald sewer.
a 4: ,5� d permittee shall' properly protect all
excavations made in the ;streets both .day'and •night so- as' to
` avoid all damage or i jury to person. or property; . said per
F mittee - 'shall properly, f ill- and 'tamp said streets to avoid. `
settling, and 'shall;_regtore; said. streets to their original ;
condition; and,--said - permittee shell, according',to plans and
specifications = therefor to, be ,furnished by` aid -Commissioner,.
- restore'iri respect'of surface and, other cond�.tions.th* inter- -
Section ;of - Luella Street -and Wilson .Avenue and that part -of
Luella- ,said disturbed'b said
y,. permittee {s operations:'here-
under: =_
" • 5; Said permittee, after they' inception of said
work, :_shall prosecute, -same 'co-itinuously':With diligence; and
fu11y_'eomplet ®- said' work to- the" satisfaction and 'approval of
skid -Commissioner on "or -before. - October,.15, ;1963., ,
6•. Said permittee expressly . agrees =and undertakes
ti to ,fully indemnify :and -hold •harmless '.the -City of Saint��Paul,
agents, officers, .atd `empl'oyees from any* end all _• damages, s'
claims; losses, judgments,. suits,- or expenses arising out of
or ;occas.ioned by its_ performance of ,the work contemplated by'
this,permission and authority:'
{ 7: Said. permittee 'shall not' prsiceed to'-
construct' said sewer" unless and until' said' permittee � shall -
` - have., fully'-complied with -the provisions - regarding insurance'
andAndemnif.ication - ,contained in- the- City ,of Saint Paul,
..Department- of Public .Works Specifications for Street and
Sewer Construction, dated April' 1, 1959' -,as'amended,- Section
.1.44 acid found on pages. -1 -13- through 1 =17 of said; Specif.ica-
tione applicable to contractors. For -the purposes of this
• s - ordinance ' the aforesaid Soction- of said Specifications' Mum -
.- -bered r.44-shall -read, as, though the -word >llpermittW were sub=
stitiite,d- ;for the' -word; ; "contractor" wherever the'same appears.
in`;the' aforesaid $eetioi� 1 :44: Sa.id:Seetion 1.44 of the
:- .Spec ficatigna for Streit -and, Seifer� 'Construction' iti the City ;
of Swint Paul is- hereby: incorporated harein by, reference'as _ ■
fully and s4 completely- as If set _,forth 'herein verbatim.
Proof of compliance with the provisions of the .aforesaid
-Duvl eats to Printer .
ORDINANCE
COUNCIL FILE NO
PRESENTED BY ORDINANCE NO.
- 3 -
21-11429
Section 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 Section 1.0 shall, after submission to the
Corporation Counsel, be filed in the office of the Comptroller
of the City of Saint Paul.
8. Said permittee shall furnish a bond to the
City of Sa idt Paul in the sum of Ten Thousand Dollars
($109000) 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, damages
or expense that may accrue to person or,property occasioned
by the making of the improvement or arising out of same.
k__ 9. Said permittee shall, within 30 days after the
passage of this ordinance, file a written acceptance thereof
*ith 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
upon its passage, approval and publication.
Yeas Councilmen
Dalglish
Holland
Loss
Mortinson
Peterson
Rosen
Mr. President (Vavoulis)
Attest:
City Clerk
1111 6-62 X22
Nays Passed by the until MAR 19 1963
Tn Favor
Aroainst
tv'iAR .s 9 iv 53
Approved:
Mayor
GEORGE, M.SHEPARD _
STREET, -4ND HIGHWAY .,.
ENGINEERING COORDINATOR
_
CITY 0 F. S Al N T PAaU rro�
f ��Ggpifqof -Minnesota ' k,
N.
Irk
WORKS
•Ci Hall_& C —Out-- ws;- I(2)+ ■ "
MILTON ROSE e� Lin 1 �!� I ° 1i m
COmmISSlOn�f Z
_ WI 5DUAM P. BEHRENS r r r c
Depufy.Commissioner■ - --
_T L L
E V. AVERY
ENGINEER
:OTTE
INTENDENT-„
,. SANITATION
February 21, 1963
F EB
251,963 ��_
Mr. Donald Lais rtlu
Corporation Council C, ®RQO
Rm. 316, City Hail and Court House
Re: Request for Ordinance
Dear Mr. Lais:
Enclosed is a letter from Joseph M. Klos, representing
Klos Bros. Company 4216 Queen Avenue So., Minneapolis 10, Minnesota
requesting an ordinance to ,construct a public sewer, privately.
The description of the sewer to be built is described
as follows:
Sanitary sewer in Luella Street from Wilson Avenue to
a point about 425 feet south of Wilson Avenue; thence
in a permanent 20 foot wide easement (to be deeded) said
line being at right angles to Luella Street and extending
125 feet west of Luella Street.
Said sanitary sewer is to serve the following described
property owned by the Klos Bros. Company:
Lots 1, 2, 3, 4, Block 7 and Lots 10, 11, 12, 13, Block 8
Hudson Gardens.
The permittee agrees to pay the City for all costs incurred
for the sewer project and agrees to further comply with all provisions
of the ordinance.
0 A (.�
C
r
P
d
4�
Mr. Donald Lais
Page 2
February 21, 1963
The permittee has indicated a desire to begin the sewer
construction at an early date and would appreciate any haste that
your office can make toward passage of the ordinance.
9 our very truly,
ohn A. DesLauriers
Sewer Engineer
JAD/ss
Enc. (1 original)
cc: Comsr. Rosen
E',:V. Avery
� V �
f
4216 Queen Avenue South
Minneapolis 10, Minnesota
February 14, 1963
Commissioner Rosen
Department of Public Works -
Room 234; -City Hall—
St. Paul 2, Minnesota
RE: Request for Ordinance to
build public sewer
Dear Commissioner:
I request on behalf of the Klos Brothers Company, 4216 Queen
.Avenue South, Minneapolis 10, Minnesdta, to construct a public
s -ewer, privately under an ordinance. Said sewer being a
sanitary sewer in Luella Street from Wilson Avenue to a point
approximately 425 feet south of the south line of Wilson Street.
Also, in an easement, to be deeded, from Luella Street to the
west about 125 feet west of the west line of Luella Street
Said sewer is to serve the following described property whth
we own:
Lots 1, 2, 3, 4, Block 1, and
,Lots 10, 11, 12, 13,, Block'8, Hudson Gardens add.
I agree to reimburse the City for all costs for engineering,
inspection, as well as the publication cost for the required
ordinance.
I intend to comply with all the requirements of the ordinance
and understand that I must file with the City Clerk a written
acceptance of the terms of the ordinance within the time specified
therein.
Yours very truly,
( KLOS BROTHERS COMPANY
Joseph M. Klos
ORIGINAL a
TO PAYOR
RECEIVED
e� -�-, .-g// �, f - e-
no FH
h
CITY OF SAINT PAUL
OFFICE OF THE COMPTROLLER
RECEIPT No 1484
19-
100
CITY COMPTROLLER
BY A-)^
�I
• '1st. _ _ q 2n it
Laid over to _
3rd and app J J A tlopteG%
Yeas Nays Yeas Nays
Dalglish Dalglish
— H6liaad— Holland
Loss ( / Loss
Mortinson Mortinson
IPeterson Peterson
Rosen— Rosen
Mr. President V'$vaO-Z�JMr. President Vavoulis
4 .s
10
ii
pUgLISHED
2�