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197327Original to City Clerk 1 A ' O R D I N I Council File No. 197327—ordinance P. Wi Winkel- An No. 11755—By Adrian P. Winkel — t An ordinance to license and control �� i the placing of bituminous surfacing on i 1 curbs, driveways and boulevard areas i „vithj�t the City Qf St. Paul. This is an PRESENTED BY le�c 0, f AN ORDINANCE TO LICENSE AND CONTROL THE PLACING OF BITUMINOUS SURFACING ON CURBS, DRIVEWAYS AND BOULEVARD AREAS WITHIN TH$ CITY OF ST. PAUL. THIS IS AN EMERGENCY ORDINANCE RENDERED NECESSARY FOR THE PRESERVATION OF THE PUBLIC PEACE, HEALTH AND SAFETY' THE COUNCIL OF THE CIT�Iffi&og 8&i &RRDAIN: Z AJ_ I MOM � v I'll 7 Section 1 - Licensing All matters pertaining to the licensing of bituminous contractors shall be vested in the Commissioner of Public Works and the Commissioner of Public Works shall hereafter conduct such examinations or investigations and issue such li- censes as are hereinafter provided. Section 2 - Definition The term "bituminous contractor” shall be construed to include any person, firm or corporation engaged in the business of building or repairing curbs driveway aprons or boulevard areas on any street or alley or public property of the City of St. Paul with bituminous material. Section 3 - Application and Examination Any person desiring to be a bituminous contractor in the City of St. Paul shall make application to the Commissioner of Public Works, and shall., at such time and place the said Commissioner of Public Works may designate, berequired to submit himself to such examination as to his qualifications to work at or engage in the business of bituminous contractor, as the said Commissioner may deem advisable. Section 4 The said Commissioner or any employee of his department assigned for that purpose, shall examine the applicant as to the practical knowledge of the work incidental to the construction and repair of curb, driveway aprons or boulevard _areas and if satisfied as to the competency of such applicant, the said Commiss- ioner shall recommend to the Council that a license be issued. Thereafter, the Council upon considering the recommendation of said Commissioner shall have the right to approve or reject said application. If the Council approves the appli- cation a license shall be issued but only after the compliance with other pro- visions of this chapter, including the filing of a bond. The license issued to said applicant shall authorize him to engage in the business of bituminous con- tractor. Section 5 - Citizenship and Residence No person shall be eligible to apply for such license unless he shall be a citizen of the United States (unless a corporation) and who has resided in the City of -St. Pahl for a period of not less than six months prior to the time of making such application, but only if the municipal subdivision in which said person resides or if a corporation, where such corporation maintains its prin- ciple place of business; has restrictive provisions of a similar nature. Original to City Clerk , ORDINANCE COUNCIL FILE NO. 197327 PRESENTED BY ORDINANCE NO. Section 6 - Partnerships No partnership shall be licensed under the terms of this chapter unless at least one of the members of said partnership shall meet the citizenship and residence qualification hereof, nor unless the partner or partners so meeting the same shall be recommended by said Commissioner on the basis of examination or ;investigation hereinbefore provided for* Section 7 - Fee The annual license fee of fifty dollars ($50.00) shall be charged each person licensed under this ehaper, which shall be paid at the time of receiv- ing the license. Section 8 •+ Bond Before any license is granted hereunder the applicant shall post a bond in the sum of five thousand dollars ($5,000.00) to be approved by the Corpora- tion Counsel as to form, and by the Commissioner of Finance as to surety, and to be so conditioned that such work as the bituminous contractor is to be per- mitted to perform shall be in accordance with the ordinances governing this class of work and in accordance with the specifications, rules, regulations and conditions prescribed by the Commissioner of Public Works, and further con- ditioned to protect and save harmless the City of St. Paul and the interested property owner from any and all liability, damage or expense which said City or said property owner may sustain by reason of the granting of such license or by reason of the violation of any ordinance, statute or law by such licensee or any negligence by him. Should the surety on such bond become unacceptable to the Commissioner of Finance or should said bond in any matter be cancelled or terminated, it shall be the duty of the licensee to immediately furnish a new bond in manner and condition as above provided; and such licensee shall perform no further work until such bond is furnished and fully approved. Section 9 - Revocation Said Commissioner of Public Works may revoke such license for cause .after granting said licensee an opportunity to be heard in his own behalf. Section 10 » Renewal Any holder of a license granted under this chapter may renew the same at any time during the calendar year following the calendar year for which such license was granted by paying a $50.00 renewal fee and posting such bond. If any licensee hereunder shall permit his license to expire and shall not renew the same during the succeeding calendar year, he must apply as for a new li- censee Original to City Clerk . ORDINANCE L COUNCIL FILE NO. PRESENTED BY ORDINANCE NO.— % Section 1.1 - Corporation Licenses In the event of the application for such a license by a corporation, one of its principal managing agents or officers must qualify so far as ability in the trade is concerned, by examination or otherwise, in the same manner as though such individual were applying for a personal license, and such an indi- vidual or some other individual likewise qualified must continue as one of the principal managing agents of such corporation so long as it shall hold such license. Section 12 - Not Transferable A bituminous contractor's license shall not be transferable. No person, partnership, or corporation holding a license shall allow his, their or its name to be used by any other person for the purpose of obtaining permits, or to do any of the work for which said license is issued. Section 13 - Grounds for Revocation Among the grounds for revoking any license issued hereunder shall be that the licensee has wilfully violated any of the provisions of this chapter or of chapter 207 or of chapter 220, or has failed to comply with any of the specifi- cations, rules, regulations and conditions prescribed from time to time by said Commissioner of Public Works. The failure to pay within sixty days, any legitimate claim the City of St. Paul may have against the bituminous contractor shall constitute a cause for revocation of license. Section 111 - Reinstatement A revoked license shall not be reinstated in any manner for a period of six months* No license shall be reginstated without a bond as provided for by Section 8 being in full force and effect, nor until the payment of all legitimate claims which the City of St. Paul may have against the bituminous contractor. Section 15 The Commissioner of Public Works is hereby empowered to promulgate all necessary administrative regulations for carrying the several provisions of this chapter into effect, and shall prepare a form of license to be issued hereunder. Section 16 •• Persons, partnerships or corporations licensed under this chapter shall be deemed to fall within the e_term of "a contractor licensed by the City of St. Paul to do'such work in'the streets" in the proviso contained in para- graph (2) of Section 207.02. Ori¢inal to City Clerk PRESENTED BY Section 17 ORDINANCE COUNCIL FILE NO. i ORDINANCE NO.— This ordinance is hereby declared to be an emergency ordinance rendered necessary for the preservation of the public peace, health and safety. Section 18 This ordinance shall take effect and be in force upon its pass- age, approval and rpublication. Section 19 J Upon the compelation of the ordinance of the City of St. Paul, the aforesaid ordinance shall be #iven proper number and indexing under the legislative code of the City of St. Paulo JAPPR VED: Yeas " Councilriieii ` -t`" 7-kNays t Passed by the Council DeCourc Holland Mortin In Favor Peterson Rosen A gainst Mr. Preside JUN JUN 2 1196 Approved: Attest: - _ - / , zb City Clerk Mayor 1M 8 -69 Qjgb,8, Duplicate to Printer PRESENTED BY ORDINANCE COUNCIL FILE ORDINANCE NO. 197327 NO. //� ANMDIMCH TO LICA M MD COFTROL TO PLACING OF BITUMINOUS SURFACING ON CMBSs MIMAIS AND BOULMARD AREAS WITHIN THS CITT OF ST. PAUL. THIS IS AN EMERGENCY ORDINANCE RENDERED NECESSARY FOR THE PRESERVATION OF THE PUBLIC PEACEl HEALTH AND SAFETY' THE COUNCIL OF THE CT=-nv--q1 ORDAIN: Section l - Licensing All matters pertaining to the Licensing of bituminous contractors shall be vested in the Commissioner of Public Works and the tommisvioner of Public Worsts shall hereafter eonduct such examinations or investigations and issue such li- censes as are. hereinafter provided6 Section 2 Definition The term abituninous contractors shall be construed to include any persons firm or corporation engaged in the business of building or repairing curbsp driveway aprons or boulevard areas on any street or alley or public property of the City of St. Paul with bituminous materia►l.. Section 3 - Application and Examination Any peg -ton desiring to be a bituminous contractor in the City of St# Paul shall make application to the Commissioner of Public Worka,, and shall, at such tiaae and place the said C missioner of Public Works may designates bsrequired to submit himself tp such a xmd nation as to his qualifications to work at or engage in the business of bituminous contractors as the maid Coaeaissioner may deem advisable.: Section 4 - The said Commissioner or any eMloyee of his department assigned for that purposes shall examine the applicant as to they practical knowledge of the work incidental to the construction and repair of curbs, driveway aprons or boulevard areas and if satisfied as to the competency of such applicant, the , said. Comi.ets- ioe shall recommend to the Council that a license be issued. Thereaf`terrs the Council, upon considering the reoomendation of said Commissioner shall have the right to approves or reject ssid application. If the Council approves the appli- cation a license shall be iesued but only after the compliance with other pro - visiona of this chapter* including the filing of a bond. Mie license Lofted to said applicant shall authorise him to.engage In the business of bituminous oon- tractor. section 5 + Citizenship and ResidtMe No person shall be eligible to ripply for such_ License unless he shall be a citizen of the United States (unless a corporation) and who has resided in the City of St. Paul for a period of not lees than sic months prior to the time of malting such applications but only if the municipal subdivision in which Ar aid person resides or if a corporations Where such corporation maintains its prin- ciple place of business, has restrictive provisions of a similar nature, Duplicate to Printer ORDINANCE PRESENTED BY section 6 - Partnerships x.9'732"7 COUNCIL FILE NO. ORDINANCE NO. //7 No partnership shall be licensed under the terms of this chapter unless at least one of the umbers of said partnership shall meet the citizenship and residence qualification herssoft nor unless the partner or partners so meeting the same shall be reo4smended by -said Commissioner on the basis of examination or investigation hereinbefores provided for. Section 7 - Fee The annual license fee of fifty dollars ($50.00) shall be changed each person licensed ender this chaper* which shall be paid at the time of recYely- ing the lice. Section 8 Bond Before any lioame is granted hereunder the applicant shall post a bond In the sum of fires thousand dolUrs ($5.9000.00) to be approved by the Corpora- tion Counsel as to forms and by the Commissioner of Finance an to surety$ and to be so conditioned that such work as the bituminous contractor is to be per - mitted to perfom sahall be in accordance with the ordinances governing this class of work and in accordance with the specifications, rules* regulations and conditions prescribed by the Commissioner of Public *rl*a and further con- ditioned to protect and OM harasleea the City of St. Paul and the interested property over from any and all liability, damage or expense Which said City or said property owner may sustain by reason of the granting of such license or by reason of the violation of any ordinances &Mutes or law by such licensee or any negligence by hive. Should the surety on saxch 'bond become unacceptable to the Commissioner of Finance or should said bond in any matter be cancelled or teralmteds it shall be the duty of the licenses to iusaediately furnish a new bond in manner and condition as above providedl and ouch licensee shall perform no further W * until such bond in furnished and fully approved. Section 9 - Revocation Said Commissioner of Public Works may revoke such license for cause after granting said licensee an opportunity to be heard in hie own behalf. Section 10 Renewal, Any holder of a l.ioense granted under this chapter may renusaw the same, at srW tame during the calendar year following the calendar year for which such license was granted by paying a $504M renewal fee and posting such bond. If any licensee hereunder shall permit his license to Wiro and shall not renew the same during the succeeding calendar years he must apply as for a new li- 09104 .. Duplicate to Printer ORDINANCE PRESENTED BY Section 11 - Corporation Licensee COUNCIL FILE NO 1.9, 732 7 ORDINANCE NO. In the anent of the application for such a license by a corperati.oup one of its prbwlpssl non aging agents or officers must qualify so far as ability in the trade is eoneernedo by ezamination or otherwise j in the sow .manner as though synch individual Were scpplying for a personal license# and axwh an indi- vidual or somas other individual Likewise qualified rust continue as one of the principal managing agents of such corporation so long, as it shall hold each license. Section 12 - 'Not Transferable A bituminous contractor's license shall not be trf=fersble. No parson, partasrsshipa or corporation ho).di.ng a limme shall a'ncvw his $, their or its nags to be- used by any other person for the purpose of obtaining pernitay or to do any of the work for xhich said license Is isassued. Section 3.3 - Grounds for Revocation Among the grounds for revolting any license is erred hereunder shall be that the licensee has wilfsslly T.ols;ated any of the provisions of this ohapter or -of chapter 207 or of ohapter 220,0 or has failed to comply with any of tbs epeol#i- cations, rules.. regulations and cotxli.tion s proscribed fron time to time by said iCoaenistsioner of Pub3 * Work#. The failure to pay within natty daya, any legitimate claim the City of St. Paul my have against the bituminous oontractor shall constitute a cause for ' revocation of license. Section 7.1a - Reinstatement A revoked license shall not be reinstated in any manner for a period of six months. No license shall be reginatated Without a bond as provided for by Section 8 being in full force and affect., nor until the payment of all 'legitimate claims Which the City of St. Paul may have against the bita»nous contractor. Section 15 The Oommissioner of Public Works is hereby empowered to prosulgate all necessary adssinisstrative regulations for carrying the several provisions of thins chapter into effect, and shall prepare a farm of lioenso to b e issued hereunder. Section 16 - Persons,, partnerships or corporations licertsod under this chapter all be deemed to fall Within the toria of as contractor licensed by the City of St. Paul to do such Work in the atreetee in the proviso contained In para- graph (2) of Section 207.02. Duplicate to Printer y ORDINANCE 97327 COUNCIL FILE NO.-Y' PRESENTED BY ORDINANCE NO. Section 17 This ordinance is hereby declared to be an emergency ordinance rendered necessary for the preservation of the public p"oeg health and ,safety. Section 18 This ordinance shall take effect and be in force upon its pass- age,, approroal, and ; V*Ucation. Section 19 Upon the copelation of the ordinance of the City of St. Paul, the aforesaid ordinance shall be given proper nu*ber and indexing under the legislative code of the City of St. Paul. Yeas Councilme ys De "Y%, Holland Mortins Peterson Rosen —VhnkVt- Mr. Presiden� Attest City Clerk 1M 8 -59 001200.8 JUN 211968 Passed by th Council In Favor Against Approved: JUN 2110 Mayor .f • is T 2n Laid over to 3rd and app Adoptedr Yeas Nays Yeas Nay DeConrcy H U dd��/ Peterson Rosen --Vnnket- Mr. President_ VVM s� �/ jam" s 197327 DeConrcy Holland Morti o Peterson Rosen Mr. President- DiRen- V