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206757f. ' Original to City Clerk PRESENTED BY- A "N W O ir CL a. <11 "C)RDINANCE COUNCIL FILE NO. ORDINANCE NO. AN ORDINANCE GRANTING PERMISSION TO CENTRAL BAPTIST CHURCH TO GRADE AND SURFACE WITH BITUMINOUS MATERIAL A SECTION OF THE PUBLIC ALLEY ABUTTING LOTS 23 TO 30, IN BLOCK 1, MILHAM PARK. 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 / a 1 '��7 cil File No. 208757 — Ordinance No. r89—By Milton Rosen - II�F Ordinance granting permission t i gira1 Baptist Church td Grade ar., ace with bituminous material, on of the public alley abut'• , 23 to 30, in Block 1, Milham P,,- is an emergency ordinance.- 3 necessary for the prese�'IF •� , public peace, health and '�� 7 encil of the City a ,' itu- That permission and authority are hereby granted to Central Baptist Church to Bade and surface with bituminous material an alley abutting Lots 23 to 30, B1ock,4 Milham Park. SECTION 2 The Commissioner of Public Works is hereby authorized to issue a permit to Central Baptist Churel'for the grading and surfacing of the section of public alley he _nein described, upon its compliance with the following conditions; viz: 1. Said permittee shall grade and surface with bituminous material said section of public alley entirely at its own cost-and expense, under the supervision and to the satisfaction of the Commissioner;,of Public Works, and in ac- cordance with the plans and specifications of the City of Saint Paul. 2. Said permittee shall pay the cost of engineer- ing and inspection of said work and also the cost of publica- tion of this ordinance. , ' 3. Said permittee shall properly protect all ex- cavations made in any subject public alley, both day and night so as to.avoid all damage or injury to persons or property, and shall properly fill and tamp any subject public alley to avoid settling. 4. Said permittee, after the inception of said work, shallppatt the same continuously with diligence and fully complete said work to the satisfacfion and approval of said Commissioner on or before November 15, 1962. Yeas Councilmen Nays DeCourey Holland Loss Mortinson Peterson Rbsen Mr. President (Vavoulis) Attest: 1M 1 1-81 01D, 22 City Clerk Passed by the Council Tn Favor Against - 2 - 5. Said permittee expressly agrees and under- takes 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. 6. Said permittee shall not proceed to grade and surface said section of public alley 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,l, 1959, 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 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 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 Corpora- tion 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. ... 7. Said permittee shall farinish a bond to the City of Saint Paul in the sum of $10,000 conditioned to comply ,tith 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 improvements or arising out-of the same. 8. Said permittee shall, within passage of this ordinance, file a written `with the City Clerk. 4• 10 days after the acceptance thereof :r a„ Original to City Clerk i _ ORDINANCE COUNCIL FILE NO. PRESENTED BY ORDINANCE NO. - 3 - 9. Before entering upon or doing any of the grading herein permitted and authorized, said permittee shall procure from the abutting owners such easements in and to the abutting 'property as may be necessary for slopes, cuts and•fills, and shall obtain a written release from such owners, releasing and discharging the City from any and all damages by reason of the grading of said section of public alley. 10. Said permittee further agrees that the alley herein described shall be kept open at all times for access to the adjoining property. 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. s. Yeas Councilmen Nays DeCourcy Holland Loss Peterson Rosen Mr. President (Vavoulis) Attest City Clerk 1M 11-61 22 MAY 2196. Passed by the Council Tn Favor i�st MAY V t al Approved= 1 k f Mayor ' J Duplicate to Printer , ORDINANCE PRESENTED BY COUNCIL FILE NO. ORDINANCE NO. f, AN ORDINANCE GRANTING PERMISSION TO CENTRAL BAPTIST CHURCH TO GRADE AND SURFACE WITH BITUMINOUS MATERIAL A SECTION OF THE PUBLIC ALLEY ABUTTING LOTS 23 TO 309 IN BLOCK 1, MILHAM PARK. 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 Central Baptist Church to Bade and surface with bituminous material an alley abutting Lots 23 to 30, Biock,79Milham Park. SECTION 2 The Commissioner of Public Works is hereby authori-med to issue a permit to Central Baptist Church for the grading and surfacing of the section of public alley herein described, upon its compliance with the following conditions; viz: 1. Said permittee shall grade and surface with bituminous material said section of public alley entirely at its own cost and expense, under the supervision and to the satisfaction of the Commissioner'of Public Works, and in ac- cordance with the plans and specifications of the City of Saint Paula 2. Said permittee shall pay the cost of engineer- ing and inspection of said work and also the cost of publica- tion of this ordinance. 3. Said permittee shall properly protect all ex- cavations made in any subject public-alley, both day and night so as to avoid all damage or injury to persons or property, and shall properly fill and tamp any subject public alley to avoid settling. 4. Said permittee, after the inception of said work, shall pnas.bcazpe the same continuously with diligence and fully complete said work to the satisfaction and approval of said Commissioner on or before November 15, 1962. Yeas Councilmen Nays DeCourcy Holland Loss Mortinson Peterson Rosen Mr. President (Vavoulis) LZ • 1 (/� f City Clerk IM 11-61 zz Passed by the Council Approved: Mayor Favor Against r5:° Said permittee expressly agrees and under- . takes -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 r _ of the work-' contemplated by this permission and authority. 6. Said permittee shall not proeeed_to grade And surface._said section of public alley unless and until ' said permi,ttee shall. have' fully complied with the provisions ; regarding insurance and, indemnification contained -in the x City of Saint Paul Department of Public Works Specifications ° for Street and-Sewer Construction, dated,April 1, 1959, . Section•1.44 -,and found on pages 1 -13 through' 1 -1,7 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 'f,permittee" were,substituted•for the word -"- contractors 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 'comp ely 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 Corpora- iion 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: 70 '' Said permittee shall- furnish a' bond to the , City of Saint Paul in the sum of' $10,000 'conditioned to-comp ly *ith all the terms of this ordinance-and to indemnify and save' harmless said Gity, from all liability, lobs,, judgments, suits., costs, charges, ' and expense 'that may accrue to- persons or property occasioned,'by the: making of -,the improvements or arising out- of 'the same: S. Said 'pe-rmitt.ee shall, within '10- days' after the passage.of this.ordinance- file-'a written acceptance thereof with the City Clerk._ . Duplicate to Printer PRESENTED BY ORDINANCE - 3 - COUNCIL FILE NO ORDINANCE NO. 206'75' 9. Before entering upon or doing any of the grading herein permitted and authorized, said permittee shall procure from the abutting owners such easements in and to the abutting property as may be necessary for slopes, cuts and fills, and shall obtain a written release from such owners, releasing and discharging the City from any and all damages by reason of the grading of said section of public alley. 10. Said permittee further agrees that the alley herein described shall be kept open at all times for access to the adjoining property.. 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 Nays DeCourcy Holland Loss uUtinsou, Peterson Rosen Mr. President (Vavoulis) Attest �T 2.G0 - Z,,�7 City Clerk 11-61 X22 MAC 21962 Passed by thgunc;l Tn Favor Against Approved: Mayor e a f Saint Paul, Minnesota, May 7, 1962. To the Honorable, the City Council Saint Paul, Minnesota; Gentlemen and Madam: We, the undersigned, do hereby accept and agree to abide by all the terms and conditions of Council File No. 206757, being Ordinance No. 12189, adopted by the Council on May 2, 1962. CENTRAL BAPTIST CHURCH er- fs ` F -- n-i - -. . s � -` • -.2 5: Said permittee expressly agrees and under -_- - takes 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 r 'of the work contemplated by this permission and 'authority. 6. Said permittee shall not.,proeeed to grade And surface, said section of public -alley 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-1.41 -and found on pages 1- 13,throi4h 1 -1.7 of 'said Specifications applicable to contractors. For the purposes of this ordinance the aforesaid section of-,said-specifications { • numbered 1.4j shall be read as- though the word - Ilpermittee" were substituted, for the word - '.contractora'- wherever the .same appears in,the aforesaid Section -1.44..^ " Said Section 1.44 s' of the'Specifications for Street and Sewer Construction in the -City of Saint Paul is- •hereby incorporated herein by r .reference as fully and as - complEte'ly as' if 'set forth herein verbatim.. Proof of compliance with the provisions of the • aforesaid •Section 1..44 shall. be in such- for_ m as' the Corpora- ` . = tion - Counsel, of- •the City 'of ,Saint Paul may direct, and the documents required by- the aforesaid Section 1.44 ghall;' after submission.•-to the Corporation- Counsel, be filed in the office of the- Comp troller' of the-,City .of Saint Paul,, 7. =' Said permittee, shall - furnish a bond to the City of -Saint Paul in .the sum of $100000 conditioned to comply 4 tith all the terms-of this ordinance and to indemnify and save' harmless said Gity from all liability, loss,, judgments,'suita, costs, charges, and expense 'that may accrue to persons or property occasioned,'by the. making of ,.the improvements or arising out 'of 'tho same: " 8. • Said - pe-rmitt.ee shall, within -10_ days` after the - passage of.,this. ordinance, file a written:accepta,nce thereof' with the City_ Clerk. _ ORIGINAL +• _ CITY OF SAINT PAUL TO PAYOR OFFICE OF THE COMPTROLLER NQ 1369 RECEIPT RECEIVED rw loo fFOR G CITY COMPTROLLER �— DO 6-M Cl BY LDJ= 41?. - 2n / Laid over to 3rd and app Adopted Yeas Nays Yeas 'Nays DeCourcy DeCourcy Holland Holland Loss Loss Mortinson asor"Ifffa - Peterson Peterson Rosen / Rosen Mr. President Vavoulis Mr. President Vavoulis s 206-757