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179028 nj *+ ,- pia. Qrlsinol to City Cbrk _ + . , INANCE 1790028 R=` ' -i• ant, *Arco tin+sd 1.-..iFw" t'�>r. COUNCIL FILE NO. PRESENTED BY 1 / ORDINANCE NO. , I / 1 i An ordinance grantin:. p rmission to Lovering Construction Co. and J. S. Sweitzer and .. ., Incorporated, Minnesota corporations, as joint contractors for Remington Rand Univac, Division of Sperry Rand Corporation, a Delaware corporation, to grade and surface the roadway with bituminous matetial on Wheeler Street from the south line of the alley as extended across Wheeler Street between Blocks 1 and 2, Whitney' ire-arrangement of Bellevue Addition, northerly to Norfolk Avenue. This is an emergency ordinance rendered necessary for the reservation 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 Lovering Construction Co. and J. S. Sweitzer and Son, Incorporated, Minnesota corporations, as joint contractors for Remington Rand Univac, Division of Sperry Rand Corporation, a Delaware corporation, at said permittees' own cost and expense, to grade Wheeler Street and to surface with bituminous material the roadway of the same from the south line of the alley as extended across Wheeler Street between Blocks 1 and 2, Whitney's re-arrangement of Bellevue Addition, northerly to Norfolk Avenue, in the City of Saint Paul, County of Ramsey, State of Minnesota, and the Commis- sioner of Public Works is hereby authorized to issue a permit therefor to Lovering Construction Co. and J. S. Sweitzer and Son, Incorporated, as joint contractors for Remington Rand Univac, Division of Sperry Rand Corporation, subject to the following conditions, viz: 1. Said permittees, at said permittees' own cost and expense, shall grade said section of public street and surface AA with bituminous material the roadway of the same under the supervision and subject to the order and direction of the Commissioner of Public Works, and in accordance with plans izfiljt■- and specifications therefor approved by said Commissioner, 2. Said permittees shall be liable to said City therefor and shall pay to the latter the equivalent of the cost of engineering and inspection incurred in the premises and the equivalent of said City's cost incurred on account of the publication of this ordinance. 3. Said permittees, at said permittees' own cost and expense, and before the commencement of any work under said permit, shall procure from all private owners of abutting lands all easements therein necessary for slopes, cuts and fills for the subject grading and/or surfacing and requisite instruments of release and discharge for the absolute release and discharge of said City from all liability on account of any damages and/or of other nature resultant from the subject grading and/or surfacing of said section of public street by said permittees, approved as to form and execution by the Corporation Counsel of said City. Yeas Councilmen Nays Passed by the Council DeCourcy Holland Marzitelli in Favor Mortinson Peterson Against Rosen Mr.President (Dillon) Approved: Attest: City Clerk Mayor 1M 6-56 OW 8 Original to City Clerk . ' ORDINANCE COUNCIL FILE NO. /8 PRESENTED BY ORDINANCE NO. /0 v / e 4. Said permittees shall seasonably commence the subject grading and surfacing work and shall continuously thereafter prosecute said work diligently and complete the same not laker than January 1, 1957, and in the event that said permittees shall fail to complete subject grading and/or surfacing work within said time, then said City m elect to enter upon the same and complete said grading and/or surfacing work in accordance with said approved plans and specifications therefor; and in the • event of any such default by said permittees and any such election on the part of said City and the latter's completion of the subject work in accordance with said approved plans and speci- fications therefor, said permittees shall become liable therefor and shall pay unto said City, as and for reimbursement, the equivalent of all costs and expenses reasonably and necessarily incurred by said City on such account. 5. Said permittees, at said permittees' own cost and expense, shall furnish and deliver to said City of Saint Paul a surety bond executed by said permittees as principals and a corporate surety authorized and licensed to do business as such in Minnesota, as surety, in favor of said City, as obligee, in the penal sum of $5,000.00 conditioned upon said permittees' compliance with all provisions, terms, and conditions of this ordinance and said permittees' indemnification of said City against any and all loss, damage, and liability and/or expense on account of any and all claims, suits, and/or judgments which shall accrue or be asserted on account of any and all injuries to persons and/or property, at any time, occasioned by and or resultant from the aforesaid grading and/or surfacing work hereunder and/or under any permit hereby authorized. 6. Said permittees shall, within 10 days after the publication of this ordinance, file a written acceptance thereof with the City Clerk. Section 2. This ordinance is hereby declared to be an emergency ordinance rendered necessary for the preservation of the public peace, health, and safety. Section 3. This ordinance shall take effect and be in force upon its passage, approval, and publication. � p1)G 2 21966 Yeas Councilmen Nays Passed by the Council DeCourcy Holland 7 Marzitelli 6 _ a Favor Mortinson Peterson I G 2 2 1 ,ainst Rosen ' 6 Mr.President (Dillon) Appr d Attest: a ♦ / City Clerk Mayor ins s. 8 �4 _�,n PUBLISHED S'-�.S- ,Duplicate to Printer ORDINANCE � 2 COUNCIL FILE NO. PRESENTED BY ORDINANCE NO. 4. Said permittees shall seasonably commence the subject grading and surfacing:vark, and laheal continuously thereafter prosecute said work diligently and complete the same not later than sTer uazy 1, 1957, and in the efrett that said permittees shall fail to complete subject grading and/or surfacing work within said time, then said City elect to enter Won the same an complete said grading r surfacing work in accordance with said approved plena and specifications therefor; and in the event of any such default by said permittees and arty such election on the part of said City and the letters s completion of the subject work in accordance with said approved plans and 'speci- fications therefor, said persi,ttees shall become liable therefor and shall pay unto said City, as and for reimburse bent, the equivalent of all costs and expenses reasonably and necessarily incurred by.said City on such account„ 5.. Said permittees„ at said permi.tt■es i own cost and expense, shall furnish and deliver to said City of Saint Paul a surety bond executed by Said permittees as principals and a corporate surety authorised and licensed to do business as such in Minnesota,' as surety, in favor of said City, as obligee, in the-pent/3. sum of $5,600.00 conditioned upon said 1)ermitteesi compliance with all provisions, terms, and conditions of this ordinance and said permitteest indemnification of said City against any and all lose, damage, and liability and/or expense on account of any and all claims, outs, and/or judgments.Which,shl accrue or be asserted on account ©f any and 41.'injuries to persons and/or property, at any time, occasioned by and or resultant from the aforesaid grading and/oar surfacing work hereunder and/©r under ate* permit hereby authorized. :.6. - Said permittees shall, within 10 days after the publication of this ordinance, file a written acceptance thereof with the City Clerk; Section 24 This eltrdinzmace is hereby declared to be an emergency ordinance rendered necessary for the preservation of the public peace, health, and safety. Section 3. This ordinance shall take effect and be in force upon its passage, approval, and publications, AuG 21956 Yeas Councilmen Nays Passed by the Council DeCourcy Holland Marzitelli in Favor Mortinson Peterson Against Rosen Mr.President (Dillon) AUG 2 2 1 Attest: Approved: N City Clerk Mayor IM 6-66 8 Duplicate to Printer ORDINANCE 1.7!)62,8 COUNCIL FILE NO. PRESENTED BY ORDINANCE NO. I (9 &r An ordinance granting permission to Lovering Construction Co. and J. S. Sweitzer and Son, Incorporated, Minnesota corporations, as joint contractors for Remington Rand Univac, Division of Sperry Rand Corporation, a Delaware corporation, to grade and surface the roadway with bituminous matetial on Wheeler Street from the south line of the alley as extended across Wheeler Street between Blocks I and 2, Whitney's re-arrangement of Bellevue Addition, northerly to Norfolk Avenue. 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 Lovering Construction Co. and J. S. Sweitzer and Son, Incorporated, Minnesota corporations, as joint contractors for Remington Rand Univac, Division of Sperry Rand Corporation, a Delaware corporation, at said permittees, own cost and expense, to grade Wheeler Street and to surface with bituminous material the roadway of the same from the south line of the alley as extended across Wheeler Street between Blocks 1 and 2, Whitney's re-arrangement of Bellevue Addition, northerly to Norfolk Avenue in the City of Saint Paul, County of Ramsay, State of Minnesota, and the Commis- sioner of Public Works is hereby authorized to issue a permit therefor to Lovering Construction Co. and J. S. Sweitzer and Son, Incorporated, as joint contractors for Remington Rand Univac, Division of Sperry Rand Corporation, subject to the following conditions, viz: 1, Said permittees, at said permittees' own cost and expense, shall grade said section of public street and surface with bituminous material the roadway of the same under the supervision and subject to the order and direction of the Commissioner of Public Works, and in accordance with plans and specifications therefor approved by said Commissioner. 2. Said permittees shall be liable to said City therefor and shall pay to the latter the equivalent of the cost of engineering and inspection incurred in the premises and the equivalent of said City's cost incurred on account of the publication of this ordinance. 3. Said permittees, at said permittees' own cost and expense, and before-the commencement of any work under said permit, shall procure from all private owners of abutting lands all easements therein necessary for slopes, cuts and fills for the subject grading and/or surfacing and requisite instruments of release and discharge for the absolute release and discharge of said City from all liability on account of any damages and/or of other nature resultant from the subject grading a and/or surfacing of said section of public street by said peraittees, approved as to form and execution by the Corporation Counsel of said City. Yeas Councilmen Nays Passed by the Council DeCourcy Holland Marzitelli In Favor Mortinson Peterson Against Rosen Mr.President (Dillon) • Approved: Attest: City Clerk Mayor 1M 6-56 0M.8 1/4 - T .. . - , , , . 4,l, i' t°' ! . i Saint Paul, Minnesota August 28, 1956 To the Honorable, the City Council Saint Paul, Minnesota i Gentlemen: We, the undersigned, do hereby accept and agree to abide by all the terms and conditions of Council File No. 179028, being Ordinance No. 10818, adopted by the Council on August 22,1956. %; - ON lie 'i 40. BY `r ' �GCl/(//5.G4. J. S. SWEITZER & SON, INC. BY i • i, 1st VP' 2nd imp Laid over to - 3rd and app v Adopt Nays Yeas Nays ,F,--7 eas seCourcy DeCourcy �ldolland Holland Iarzitelli \ Marzitelli 04 . v' .A1erbineen V Mortinson "Peterson Peterson Rosen Rosen ���• i r. President Dillon Mr. President Dillon te=a% s 17(. )f )28 1 (0