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215246I t Original to-City Clerk t���•. OR I PRESENTED BY Yeas NANCE Council File No. 215248 — Ordinance No. 12598 —By Milton Rosen- . . an ordil.,w a !7-anting permission p �a.:+ & Co., Iron pr 114 �.�nZLf.L.S[IN L1n . ' , • f G!, ., J.t'L NO. NO. An ordinance granting permission to Montgomery Ward & Co., Incorporated,an Illinois corporation, to construct and maintain a public sewer in Wynne Street from the,westerly_ extremity of the existing sewer therein distant 135, feet��easterly of the intersection of the center lines of Wynne and Winston Streets Westerly a distance of 135 feet to the intersection of said center lines of said Wynne and Winston Streets. 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: S_e_ction 1,. That permission and authority are hereby granted to Montgomery Ward & Co., Incorporated,an Illinois corporation, to construct and maintain a public sewer in Wynne Street from the westerly extremity of the existing sewer therein distant 135 feet - eesterly of the intersection of the center lines of Wynne and Winston-Streets westerly a distance of 135 feet to the intersection of said center lines of said Wynne and Winston Streets, the follow ing described property to be served by such sewer: That part of the south j of the north j of the northeast I of Section 28, T. 29,• R. 23, described as' follows: beginning at a point on the northerly line of the east -west right-of- way of the Northern Pacific Railway Company-that is 614.961 westwardly from the point of intersection of said northerly right -of -way line with the westerly property line of Snelling Avenue in the City of St. Paul, Minnesota, thence northwardly on a line approximately parallel to said westerly line of Snelling Avenue 4251 to a point marked by a post or plate, thence eastwardly along a line parallel to the northerly line of said railway right-of-way 46.881 to a point in the easterly -line of Winston Street extended,-thence northwardly along the said easterly -line of Winston Street extended, 232.831 to a point in the southerly line of Wynne Street in the City of St. Paul (being also the northerly line of the south I of the north 2 of the northeast l of said Section 28), thence west- 2 wardly along the southerly line of said Wynne Street 896.261 O to a point in the easterly line of the joint right -of -way of 1=1 the Northern Pacific Railway Company and the Great Northern o, Railway Company, thence southwardly along the easterly line U of said joint right-of-way 657.4.01 to a point in the northerly -W line of the east -west right -of -way of the Northern Pacific ex Railway Company, thence easterly along said northerly line of I the right -of -way last mentioned 847.50 " to point of beginning, containing 13 acres, more or less. Attest: Section 2. The Commissioner of Public Works is hereby author- ized to issue a permit to Montgomery Ward & Co., Incorporated,an Illinois corporation for the construction of said sewer upon its Councilmen Nays Dalglish Holland Loss Mortinson Peterson Rosen Mr. President (Vavoulis) City Clerk 1M 8-82 22 Passed by the Council Approved: Tn Favor ��ainst Mayor -2- compliance with the following conditions, viz: �-_ .S b 1. Said permittee shall construct said sewer entirely at its own expense, under the supervision and to the satis- faction 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 in- spection of said work, and, for the publication of this ordinance. 3. Said permittee shall properly protect all excavations made in any of said streets both day and night so as to avoid all damage or injury to persons or property; shall properly fill and tamp any affected street to avoid settling, and shall re- store the same to their original condition. 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 or before October-15, 1964. 5. Said permittee expressl; indemnify and hold harmless officers and employees from judgments, suits or expense the performance of the work authority. T agrees and the City of any and all arising out contemplate undertakes to fully Saint Paul, its agents, damages, claims,.-losses, of or occasioned by 3 bAthii:s permission and 11 6. 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 con - tained in the City of Saint Paul Department of Public Workd 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 Specifications applicable to contractors. For the purposes of this ordinance, the aforesaid section of said Specifications 1.44 shall be read as thou §h 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 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 Corpo- ration Counsel, be filed in the office of the Comptroller of the City of Saint-Paul. 7. Said permitted shall furnish a bond to the City of Saint Paul in the sum of $10,000 conditioned to comply with.all the Original to, City Clerk ORDINANCE 2t)Mf COUNCIL FILE NO. PRESENTED BY ORDINANCE NO. (dZ -� -3- 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 the same. 8. 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 emergen- cy 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. i Nov 13 1953 Yeas Councilmen Nays Passed by the Council Dalglish Holland In Favor Loss porb n � c7 Against Rosen - Mr. President (Vavoulis t Approved ) NOV 13 ISM Attest _ s 5�jjjir &/ City Clerk Mayor 1M &62 X22 61 Dnplieati tb Printer PRESENTED BY ORDINANCE COUNCIL FILE NO 21524C) ORDINANCE NO. ( �2 An ordinance granting permission to Montgomery Ward & Co., Incorporated an Illinois corporation, to construct and maintain a public sewer in Wynne Street from the westerly extremity of the existing sewer therein distant 135 feet easterly of the intersection of the center lines of Wynne and Winston Streets westerly a distance of 135 feet to the intersection of said, center lines of said Wynne and Winston Streets. 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 Montgomery Ward & Co., Incorporated an Illinois corporation, to construct and maintain a public sewer in Wynne Street from the westerly extremity of the existing sewer therein distant 135 feet easterly of the intersection of the center lines of Wynne and Winston Streets westerly a distance of 135 feet to the intersection of said center lines of said Wynne and Winston Streets the follow- ing described property to be served by such sewer: That part of the south j of the north j of the northeast t of Section 28, T. 29, R. 23, described as follows: beginning at a point on the northerly line of the east -west ri ht -of- way of the Northern Pacific Railway Company that is 61+.96' westwardly from the point of intersection of said northerly right -of -way line with the westerly property line of Snelling Avenue in the City of St. Paul, Minnesota, thence northwardly on a line approximately parallel to said westerly line of Snelling Avenue 425' to a point marked by a post or plate, thence eastwardly along a line parallel to the northerly line of said railway right -of -way 46.88' to a point in the easterly line of Winston Street extended, thence northwardly along the said easterly line of Winston Street extended, 232.83' to a point in the southerly line of Wynne Street in the City of St. Paul (being also the northerly line of the south j of the north i of the northeast t of said section 28), thence west- wardly along the southerly line-of said_ynne Street 896.26' r, ° Compliance with the ±fa.7.iow: o©ndition®,; v�: :` 1. _ Said, Perm tte6, she:11 '.construot said sewer entirely at �: r its owh •e,xpense }. under the .supervision and ,to. -the satia:_ r :faction .ot' the ,.Commissioiier of Public Workf '8nd yin a000rdanae 'with- the plans. and, ape 4ifications',prepared by _him. i ,•. .' Said perm, - shall.- pay the post. of , engineering°'and in- speotion of said ,work., and for.,the-_publiaation of Wo ordinance. ., 3. Said permittee "shall,properly•:0otdct. all exOavati.ohs made' -in- any of palm,; streete both day '.and, night .so,' as to . ovoid, 'all damage.,or- injury to persona or propexty; ahal�. prgperly fill, and tamp any affeated street to avoid settling, and: shall store the eayge . to °.their orig_ ihall condition. . # . Said permittee;, -af t:dr. the inception off" eatd worXj - 'shall, - prosecute ':same. continuously with diligence, and fully Complete_ eaid' work �to.,.the satisfaction and approval -of,. said _Commiasloner - : on,,or- befQre. October l51,-_190. f. �- 5 'Said permittee expressly agrees end. undertakes to- fully inflemnify .and,`hald harnilesa the - City of-Saint Paul, its agents, ©fflpers and employees from'any and_.pll ,damages, !c�lai�ms, 108808,- udgpients, sU -it.s .o.r .expense arising out of ter aoaasioned by =` - `the performance of,t_he work contemplated 'bythis permission and authority.. 6 Said IpeM ittee, shall -hot tproC.eed to construct ,said sewerb _ un�.ese :and 'until said permittee sha-11 have _ ,fu,lly ,complied with, , . the provisions regarding - insurance and, indemnifidation'.aon- .. tained in_, th, City. of Saint - Paul Department of _ Public Worker' . } '. - =Speci;�i:Cat ons: for' Sttee:`t'kan4- Sewer_`Construction dated April 1, ,1'959, ae . ame ided, '.Seetioh =1._44 and found on pages. 1_ =13 `through :. 1-l7 -of said Speaifications. applicable -to dontraCtors. For y =`_ the._ - purposes of -thi a, "ordinance, the aforesaid section of sa -id . Sp.eeifibationjo 3,:.44 - shali be read- .as thou the word '�permittee'r werer' substituted fo the: word..' contractor wherever- the 'came appears, in the - aforesaid-_ - Sec3ti ©in 1:44. . Said Section . l .44 .of.,, t - the _ Specif fcatid. ia" for Street and: Sewer Constr-uot� on in the City. _ of Saint Pahl � is horeby', incoxrporated herein by reference: a:e:_,fully _And as'comiOletely as if -set forth hetOin_tjerbat m:•' Proof' of ¢.oi i3iande with the provisions of the. aforesaid $action `.1.44 -aball be in suoh- form as the Corporation .Counsel of the' _- -` pity 'Qf Saint Paul may direat, and the dooumdits required by` the aforesaid. Section 1.44 shall, after submission to the "Corpo- } = ration Counsel],, be filed in the o.f ice of the' Comptroller. `off` :. the. City, . of 'Saint. Paul E ' Send perm;:tted shall- fui'nUh 'a bond to" the City. Qf Saint ` Paul i the, sum•_of $10, ©04 aoriditianed to - aotnply with ill. the.. - , Duplicate t6 Printer ORDINANCE COUNCIL FILE NO. PRESENTED BY ORDINANCE NO. 112 -3- 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 the same. 8. 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 emergen- cy 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. Saint Paul, Minnesota November 13, 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. 215246, being Ordinance No. 12590, adopted by the Council on November 13, 1963. MONTGOME WARD & CO., CORPORAT D By harle Bg 11 - Secretary. r _ + Saint Paul, Minnesota November 13, 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. 215246, being Ordinance No. 12590, adopted by the Council on November 13, 1963. MONTGOME WARD & CO., CORPORAT D By harle Bg 11 - Secretary. November 18,. 1963 619 W. Chicago Ave. \ v + Chicago 7, Illinois Dear Sir: Y We enclose a copy of Ordinance No. 125 g you permission to -construct and maintain a public sewer in St. from the westerly extremity of the existing sewer di t 135 ft. easterly of the intersection of the center 1 of an ston Sts. westerly a t distance of 135 ft. to the ersection sai center lines of said Wynne and Winston. Sts.; al.s ill in the um of $29.73 to cover the cost of publication of.this dinance. We cell your specie do phs 7 and 8 of Section 2y .which require th ng of a bo the amount specified and the filing of an ac tance of th terms of this ordinance. Bath must be filed in t office# R 386,, City Halle within 30 days. If , . not so filed, ordinance comes void. -- Very truly yours, P.S. An acceptance form and a copy of the ord"iq Clerk , were handed to Mr. Robert T. Nelson on Nov.13,1963.+ _ 1 ORIGINAL CITY OF SAINT PAUL TO PAYOR" - OFFICE OF THE COMPTROLLER RECEIPT N° 1612 / 1 9k too RECEIVE OF. FOR N.��M M. lumamowl" -9, _. V, (1-a R ( -2 V T`✓ 0 ITY COMPT 500 s -92 22 BY E . ls, bo 2n Laid over to 3rd and app . A d'opt / f I Yeas Nays Yeas Nays Dalglish Dalglish �\ Holland Holland / ) Loss n Loss f C Mortinson `/ / Mortinson Deteravir- lllJJJ sseu-- Rosen Rosen Mr. President Vavoulis Mr. President Vavoulis a