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207329Sric'inei to ICity Clerk D BY ORDINA i cil File No. 207329— Ordinance No. s.15 —By Milton Rosen— .1 ordinance granting permission try ,Theo. Hamm Brewing Co., or i- truction contractor, in connectic /� ,,the construction of proposed adi illi ((//��ln� c ;,o the Racking and Wash Hes�d of b fitte temporary excavation � 40, ras I,,;•_blocl. off and exclurl ? . dit',.A�iigf6k NO. An ordinance granting permission to the Theo. Hamm Brewing Co., or its construction contractor, in connection with the construction of proposed addi- tion to the Racking and Wash House, to make temporary excavations and temporarily block off and exclude from public traffic an area on the west side of Walsh Street from Bush Avenue to approximately 175 feet, northerly and an area on the south side of Bush Avenue from Walsh Street to approximately 115 feet westerly. This is an emergency ordinance rendered necessary for the preservation of the public peace, health and saf ety. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1. That permission is hereby granted to the Theo. Hamm Brewing Co., or its construction contractor, for the purpose of accommodating the construction of the proposed addition to the Racking and Wash House, to make temporaty excavations therein and temporarily block off and exclude from public traffic an area on the west side�f Street from Bush Avenue to ap- proximately 175 feet and an area on the south side of Bush Avenue from Walsh Street to approximately 115 feet westerly, which is shown on the accompanying plan sheet 6202 -D -107 prepared by Pfeifer and Schultz- Engineers; and the Commissioner of Public Works is hereby authorized to issue a permit therefor to said Theo. Hamm Brewing Co. or its construction contractor, subject to the following provisions, terms and conditions: (1) Said permittee, Theo. Hamm Brewing Co., at its own expense for said purposes, under the supervision and subject to the direction of the Commissioner of Public Works and the Commissioner of Public Safety, and that of the Traffic Engineer in connection with said permitted uses of said Walsh Street and Bush Avenue during the period of construction of 'said Racking and Wash House, shall: .� 30.L (a) Provide and maintain all permanent and temporary barricades necessary for the protection of the public and the proper routing of traffic around the temporary excavation. �I Yeas Attest: (b) Restore all sidewalks i-n conformity itit-htthe City's standard plans for monolithic concrete sidewalks, all side- walk areas affected by the exercise of said permit in respect of breakage or removal, and restore all utilities; street surfaces and premises otherwise thereby affected, to their original condition in conformity with the standard specifications of the City of Saint Paul. Councilmen Nays DeCourcy Holland Loss Mortinson Peterson Rosen . President (Vavoulis) I City Clerk 1M 11-01 22 Passed by the Council Favor -Sc JTye R Page 2. 20'329 J2 z iJ--- (c) Said permittee shall exercise any and all privileges hereby provided to be granted only to the extent necessary, from time to time, to reasonably accommodate the require- ments of the construction of said addition to said Racking and Wash House by said permittee, and at all times subject to the inspection, order and direction of said Commissioners and said Traffic Engineer and not otherwise. (d) Said pa:mittee shall require that its contractor shall procure and maintain in effect throughout the complete period of construction wherein permittee or its contractor or contractors are making excavations or carrying out any of the operations within the public streets of the City of Saint Paul a contract of comprehensive protective public liability insurance for and on behalf of itself and the City of Saint Paul as co- insureds, to protect the City and the contractor or contractors from claims for damages .for bodily injuries, including accidental death, as well as from claims for property damage which may arise from opera- tions under the contract, including coverage for damages caused by blasting or explosion, damageto underground facilities of any kind, and from every other source or nature, whether such operations be by the contractor or by any sub - contractor or by anyone directly or indirectly employed by them. The minimum amounts of such public liability insurance shall be as follows' :" Bodily injury insurance, including death, in an amount of not less than $250,000 for, all damages, arising out of bodily injuries to or death of any one person, and subject to the same limit for each person, in a total amount of not less than $500,000 on account of any one accident; property damage insurance in an amount of not less than $150,000 for all damage to or destruction of property in any one accident and subject to that limit for any one accident, further subject to a limit of not less than $200,000 for all damages to or destruction of property during the policy period. A duplicate copy of the policy or contract of= insurance issued to the contractor, subject to approval as to form by the Corporation Counsel of the City of Saint Paul, shall be filed with the City of Saint Paul prior to the commencement of work permitted hereunder, and permittee shall carry out no work pursuant to the permit hereby granted in the absence of such, policy of insurance being in effect. (e) Said permittee's hereby authorized temporary excavations within the aforesaid public street areas shall be limited to those certain areas on the west side of Walsh Street from Bush Avenue approximately 175 feet == ,_w -M'•- and an area on the south side of Bush Avenue from Walsh Street to approximately 115 feet westerly on plans therefor prepared by Pfeifer and Schultz- Engineers, sheet number 6202 -D -107, entitled "Racking Room & Wash House Excavation Profiles" dated May 1962, filed herewith and incorporated herein as part and parcel of this ordinance. Said,permittee's aforesaid operations shall cover no more than the period from May 22, 1962, to August 31, 1962, and shall be conducted continuously and subject to the aforesaid inspection, order and direction of said Commissioners and said Traffic Engineer. Orl$inel to City PRESENTED BY Yeas M � R ORDINANCE 2 2073-29 ORDINANCE NO. °C Page 3. (f) Permittee further agrees that it shall so execute the work and carry out any necessary conditions imposed on said permittee by the Chief Engineer of the Department of Public Works. (g) Permittee shall pay the cost of the publication of this ordinance. (2) Permittee shall, within 30 ',.days after publication of his ordinance, file a written acceptance thereof with the ity Clerk. (3) Permittee agrees to save the City harmless from any and all liability, judgments, suits, costs, charges, damages or expense accruing to person or property arising out of the aforesaid construction, maintenance and use or arising in any ay out of the excavations necessary therefor and blocking off of the aforesaid area; in additions said permittee agrees to furnish a bond of $10,000 to the City of Saint Paul conditioned upon the performance of its agreement to carry out the aforesaid project, and said bond shall be in a form satisfactory to the lCorporation Counsel and shall be satisfactory to the Commissioner of Finance as to surety. Sec. 2. This ordinance is hereby declared to be an emergency ordinance rendered necessary for the preservation of the public peace, health and safety. _; Sec. 3. This ordinance shall take effect and be in force from and after its passage, approval and pdblication. Councilmen ays Vrcar Holland Loss d Mortinson Peterson 11 ' (L City Clerk 1M 11-61 22 JUN 7 1962 Passed by the Council Tn Favor Against Approved• Ju 71962 Mayor DSyllcate tolFrinter Yeas Attest: 1M 11-61 D BY ORDINANCE COUNCIL FILE ORDINANCE NO. 207329 NO. An ordinance granting permission to the Theo. Hamm Brewing Co., or its construction contractoe, in connection with the construction of proposed addi- tion to the Racking and Wash House, to make temporary excavations and temporarily block off and exclude from public traffic an area on the west side of Walsh Street from Bush Avenue to approximately 175 feet northerly and an area on-the south side of Bush Avenue from Walsh Street to approximately 115 feet westerly. 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 is hereby granted to the Theo. Hamm Brewing Co., or its construction contractor, for the purpose of accommodating the construction of the proposed addition to the Racking and Wash House, to make temporaty excavations therein and temporarily block off and exclude from public traffic an area on the west side of Walsh Street from Bush Avenue to ap- proximately 175 feet northerly and an area on the south side of Bush Avenue from Walsh Street to approximately 115 feet westerly, which is shown on the accompanying plan sheet 6202 -D -107 prepared by Pfeifer and Schultz - Engineers; and the Commissioner of Public Works is hereby authorized to issue a permit therefor to said Theo. Hamm Brewing Co. or its construction contractor, subject to the f ollowing,provisions, terms and conditions: (1) Said permittee, Theo. Hamm Brewing Coy, at its own expense for said purposes, under the supervision and subject to the direction of the Commissioner of Public Works and the Commissioner of Public Safety, and that of the Traffic Engineer in connection with said permitted uses of said Walsh Street and Bush Avenue during the period of construction of said Racking and Wash House, shall: (a) Provide and maintain all permanent and temporary barricades necessary for the protection of the public and the proper routing of traffic around the temporary excavation. (b) Restore all sidewalks in conformity Withtthe City's standard plans for monolithic concrete sidewalks, all side- walk areas affected by the exercise of said permit in respect of breakage or removal, and restore all utilities, street surfaces and premises otherwise thereby affected, to their original condition in conformity with the standard specifications of the City of Saint Paul. Councilmen Nays DeCourcy Holland Loss Mortinsan Peterson Rosen President (Vavoulis) City Clerk Passed by the Council Approved: Mayor Tn Favor Against . - 207320 . Page 2. (c) Said permittee ,shall exercise any and all"privileget • hereby provided to be granted only to the extent necessary; from time - to time; -to reasonably accommodate the require- . ments of the construction of `said addition to said.= Racking and Wash House by said permittee;`and at'all times subject -to the inspection; order and direction of said Commissioners •,, and said .Traffic Engineer and not - otherwise. (d) Said pimittee shall require that its contractor shall procure and maintain in effect throughout the complete period of construction.*.erein permittee -or, its-.contractor or - contractors - are `making excavations- or carrying out any, of the operations within'.the..public 'streets of the Cityy of Saint Paul a contract of comprehensive.protective public liability insurance ,for and: -on behalf of 'itself sand the _ City of Saint Paul 'as co- insureds,' .to protect'the City and = •_ the contractor or contractors from claims for damages for'. bodily injuries, including = - accidental •d.eath* , as well- as f rom - claims' f or property damage .which F may arise ' f rom , opera tions under' -"the contract, including coverage for damages- caused by blasting or explosion, damagetD underground.,_ facilities .of any kind.-and from every other'source or nature, whether such operations be b thel contractor or by any-sub-contractor--,or by anyone'-directly e or indirectly employed -by" them, The minimum amounts" of such public liability insurance shall be as� followss Bodily injury insurance,-including death,, in an amount of not, less than $250,000 for all damages-arising out of bodily injuries to or death' of any one'person, and subject- to.the same limit for-each person, in' a ..total, amount of not less than", $500, '000 on - Account of, any one accident,; property damage . insurance in. an amount of not less than $150,000 for all - damage to.or- destruction of property in any one accident . -And subject to that limit for any one accident, further subject to - a limit `of' .not less thin-$200,000-for all damages, to or.•destruction of property during the policy _ period.-' =A duplicate copy of the policy or contract Ur., insurance issued to the: contractor, subject to•.approval' �- 0 to form - by *the Corporation Counsel..of the City of Saint `- Paul, shall be filed with the City of Saint Paul- prior , to the commencement of work permitted hereunder,, and permittee shall carry out no work -pursuant_ to-the permit hereby ., granted in -the, absence of-'such policy of insurance being in effect. (a )• Said - .permittee' -s hereby- authorized temporary excavations:' within the. of oresaid public .street areas. shall ' be limited -to - "those' certain 'are-as on the west side .o€ ' `Walsh , Street from Rush, Avenue- approximately, 175 feet northerly and. an -area on the south .side of $ush Avenue- - � from ,Walsh Street to approximately 118 •feet westerly on- ` -plans therefor prepared by, Pfeifer and Schultz - Engineers-,, sheet numb er'..6202-D -107, - en titldd "Racking Room 8 • Wash House, Excavation Prof ilea" dated May 1962, filed herewith - . and incorporated herein as part acid parcel of-this ordir ance. Said permittee.! s , of oresaid - operations ' shall cover no more th4n the period from May 229 .1962, to August 31, 1962, and , shall be conducted continuously -and subject to `the: aforesaid inspection,." order and - direction of said, Commissioners And'-- said Traffic Engineer. = _ J . Miplicate t6 Printer Yeas Attest: D BY ORDINANCE COUNCIL FILE NO. �� 9 "° ORDINANCE NO. / Page 3. (f) Permittee further a §reel that it shall so execute the work and carry out any necessary conditions imposed on said permittee by the Chief Engineer of the Department of Public Works. (g) Permittee shall pay the cost of the publication of this ordinance. (2) Permittee shall, within 30 days after publication of this ordinance, file a written acceptance thereof with the City Clerk. (3) Permittee agrees to save the City harmless from any and all liability, judgments, suits, costs, charges, damages or expense accruing to person or property arising out of the aforesaid construction, maintenance and use or arising in any way out of the excavations necessary therefor and blocking off of the aforesaid area; in additions said permittee agrees to furnish a bond of $10,000 to the City of Saint Paul conditioned upon the performance of its agreement to carry out the aforesaid project, and said bond shall be in a form satisfactory to the Corporation Counsel and shall be satisfactory to the Commissioner of Finance as to surety. Sec. 2. This ordinance is hensby declared to be an emergency ordinance rendered necessary for the preservation of the public peace, health and safety. Sec. 3. This ordinance shall take effect and be in force from and after its passage,, approval and pLblication. CouncilmenF Sys Ho11 3" o ig Loss Mortinson Peterson Rosen City Clerk 1M 11-61 22 J UN 7 196Z- Passed by the�uncil Tn Favor ry Against Approved: JUN 7 199, Mayor MAUN, HAZEL, GREEN, HAYES, SIMON AND ARI`TZ ATTORNEYS AT LAw JOSEPH A. MAPN RONALD S. HAZEL MERLYN C. GREEN LAWRENCE J. NAYES JEROME B. SIMON RICHARD E. AR�ETZ JOHN A. MURRl Y JOHN C.JOHANNESON 'ity of Saint Paul ;ity Hall and Court House aint Paul 2, Minnesota ttention: City Clerk Bureau of Records -Tentlemen: w We transmit herewith the following: L962. CI 2o7J-2q 301 GARRICK BUILDING SAINT PAUL 2, MINNESO`fA CAPITAL 2 -8515 June 14, 1962 1. Bond as required by Ordinance No. 207329 approved June 7, 2. Acceptance by Theo. Hamm Brewing Co. of the terms of the Lce. 3. Our check in the amount of $29. 48 in payment of cost of pub - ation of the Ordinance. We trust that the foregoing completes the requirements in con - ection with this matter. 'SH:awr ncl. c: Mr. Donald Lais c: Mr. J. R. Fraser Very truly yours, nald S. Hazel "THEO. HAMM BREWING CO.- 720 PAYNE AVENUE •ST. PAUL 1, MINN. shy X/11C ulfflers June 11, 1962 Department of Public Works City of Saint Paul City Hall Saint Paul 2, Minnesota Gentlemen: The undersigned, Theo. Hamm Brewing Co., a Minnesota corporation, hereby accepts and agrees to comply with the conditions set forth in that certain ordinance adopted by the Council of the City of Saint Paul June 7 , 1962, by which permission is granted said Theo. Hamm Brewing Co. and its construction contractor to make temporary exca- vations in portions of Walsh Street and Bush Avenue, more specifically described in said ordinance. U f Very truly yours, THEO. HAMM BREWING CO. P L A N S I N S T. P A U L, M I N N E S 0 T A A N D S A N F R A N C I S C O, C A L I F 0 R N I A AGENTS OF T JT IS CORPORATION MUST ACT WITHIN THE SCOPE OF THEIR AUTHORITY. WHICH IS LIMITED TO THE SALE OF OUR PRODUCT AND THE COLLECTION OF DEBTS. ALL WRITTEN CONTRACTS AND OTHER RANSACTIONS REQUIRE OFFICIAL RATIFICATION ALL BEER AND BEVERAGES SOLD ON ORDER-TO-ORDER BASIS. NO CONTRACTS. AGENCIES OR FRANCHISES AWARDED r 1s n 2n Laid over to 3rd and app Adopte / Yeas Nays Yeas Dpi /LISINays DeCourcy DeC u' ` Holland Holland Loss ` Mortinson (, Rom s en \Mr. President Yavoulis 207329 Loss Mortinson Peterson Rosen