89-1879 WHITE - C�TY CLERK COUflCll
PINK - FINANCE G I TY O F A I NT PA U L
OLUERV - MAVORTMENT File NO. ����
Council Resolution �
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Presented By
Referred To Committee: Date
Out of Committee By Date
WHEREAS, The Highland Area Hockey A sociation has requested permission to
construct, operate and thereafter ma ntain an outdoor ice rink on a portion
of land owned by the City of Saint P ul, said land being described as
The Northwest 1/4 of the �I rthwest 1/4 of Section 15,
Township 28 North, Range 2 West; and
WHEREAS, Sai d 1 and owned by the Ci y i s hel d for benefi t of the Board of
Water Commissioners and said Board h s recommended that the City enter into
a Lease Agreement with Highland Ar a Hockey Association through passage of
Board Resolution #3977; and
WHEREAS, Highland Area Hockey Ass ciation provides a public service in
operatng a hockey program for yout of the community and said Association
will make the ice rink available t the general public when not in use by
its members, and
WHEREAS, The City Attorney's Offic' has prepared the attached Lease Agree-
ment between the City of Saint Pau and Highland Area Hockey Association;
now, therefore, be it
RESOL.VED, That the attached Lease greement between the City of Saint Paul
and Highland Area Hockey Associatio is hereby approved and that the proper
City officials are directed to ex cute said Lease Agreement on behalf of
the City of Saint Paul .
COUNCIL MEMBERS _ Requested by Department of:
Yeas Nays �,
Dimond
Long � In Favor
Goswitz
Rl�;� Q Against BY
'�" General Mana e
Wilson
�`'T 1 7 � Form A oved by City At rney
Adopted by Council: Date
Certified Ya•s Counc.il etar BY
gy,
Approv by INavor: Date _ A ro May i �on o o �cil
BY — — BY
�s�� o c T 2 � �98
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DEPARTMENTlOFFI(�//COUNGL DATE INITIA
� s ` 9_22_ 9 GREEN SHEET No. 1��1�
CONTACT PER30N 3 PHONE DEPARTMENT OIRECTOR � GTY OOUNGL
Thomas D. M ren - 298-4100 ��� CITY ATfORNEY q- �cm cxea�c
MUBT BE ON COUNdL AQENDA BY(DATE) ROUTINO ; BUDOEr DIRECTOR �FlN.a MOT.BERVICEB DIR.
MAYOR(OR A8818T
TOTAL#�OF SIGNATURE PAGES 3 (CLIP ALL LO TIONS FOR SIGNATUR�
ACTION REQUESTED: I
Execute the attachecl Lease Agreement be�w n Highland Area Hockey.
RECOMMENDATIONS:Approvs py a Rsjsct(i� �q� pEpQpT Qp'rIONA�
_PL4NNIN0 COMMIS810N _CIVIL 3ERVICE COMMISSION ANALYST PFIONE NO.
_pB OOMMITTEE A Board of Water '
_3TAFF _ COI[6Ct13S10I1@Y'8 �MENTB:
—DISTRICT COURT _
SUPPORTS WHICH COUNCII 08JECTIVE7 .
INITIATINO PROBLEM,ISBUE.OPPOR7UNRV(Who,Whet,When,Where,Wh�:
Highland Area Hockey Association has r sted permission to construct and operate an
outdoor rink on City-owned land east of e old Highland Tower. The City Attorney with
advice from the City's Real Estate and R k Manager, has prepared a lease agreement to
facilitate said construction. In the o�i 'on of the Real Estate and Risk Manaqer, no
annual fee should be charged in recognit' n of the Association's contribution to the ,
community. I
ADVANTAQES IF APPROVED:
Highland Area Hockey Association will authorized to construct and op�rate:their out-
door rink thereby benefiting youth of t community. The rink will be available for
public us� when not in use by the Assnc tion.
�rcr.�."ti v tt7
�L'E/1/�n -. �
SEP 28 1989 �'�b � `
DI8ADVANTII4ES IF APPROVED: " s
NlAYOR'S OFFIC� �� � a '�`
;,,d„1�;.a
None Council Research Center
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Poat-It"'fiouting Request Pad 7864
,a.�o
UTING - REQUEST
DISADVANTAOES IF NOT APPROVEO:
P�eeS@ c'_ _�
Highland Area Hockey Assoc ❑ READ To � �� -` ''�� for their
proposed ice rink. ❑ HANDLE
❑ APPFiOV �t�^t��` � ,j.��'yfj,���!
and '�'�
�� � �'
❑ FORWA D `
❑ RETURM �� y 2
❑ KEEP O DISCARD ti'
TOTAL ANOUNT OF TRANSACTION : �A
❑ REVIE WITH ME ���i�,(,A'Y�. '��'��''�' � �
FUNDING SOURCE NA oaie Fr m/�T�,�'1� f;1 D./�I� = �
FlNANqAL INFORMATION:(EXPWN) �� G����/�„/r �fG� ��''" 7�'"" .,1.� --
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LEA
SE A REEMENT � " l
This Agreement, Made and en red into this day of ,
1989, by and between the HIGHLAN AREA HOCKEY ASSOCIATION, a non-
profit corporation, hereinafter eferred to as "Lessee", and the
CITY OF SAINT PAUL, on behalf of its Board of Water Commissioners
of the City of Saint Paul, a pol tical subdivision of the State
of Minnesota, hereinafter referr d to as "BOARD" ;
WITNESSETH:
WHEREAS, The City of Saint aul is the fee owner of the
following described parcel of la d:
The northwest ; of th northwest � of Section
15, Township 28 North, Range 23 West, Ramsey
County, Minnesota;
and
WHEREAS, The County ;of Ram ey has leased a portion of land
owned by the City of Saint Paul located adjacent to the above
described parcel of land, and h s constructed and is operating a
public indoor ice arena on said leased land;
and
WHEREAS, Lessee has provi ed to the community a public
service in operating a hockey rogram for youths of the
community, and desires to cons ruct and operate an outdoor ice
rink on the above described pa cel of land and which will be
adjacent to the County's exist ng indoor ice arena;
and
WHEREAS, The above descri ed parcel of land, owned by the
City, is held for the benefit f the Board of Water Commissioners
for the provision of a public ater supply to the inhabitants of
the City and some adjacent co unities;
and
WHEREAS, The Board has d termined that the use of this
parcel of land for an outdoor ice rink will not interfere with
its use of the remainder of p operty owned and occupied by the
said Board, and has recommend d that the Lessee be permitted to
operate and maintain an outdo r ice rink subject to the following
terms and conditions; now, t refore Board and Lessee do hereby
- agree as follows:
1. Lease; term. The ity of Saint Paul, on its behalf and
on behalf of the Board of Wa er Commissioners of the City of
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Saint Paul, does hereby lease to Lessee that part of the
northwest ; of the northwest ; o Section 15, Township 28 North,
Range 23 West, Ramsey County, Mi nesota, as shown on the attached
"Exhibit A" and as dimensioned f om the existing Ramsey County
Ice Arena, for a term of ten yea s commencing the day and year
first above written.
2. Use; reversion. Less may use the demised property
onl for the purposes of constr cting, operating and maintaining
an outdoor ice rink. Lessee ag ees that the outdoor ice rink
will be made available to the g neral public without any charge
when not in use by members of t e Lessee's Association.
In the event Lessee shall iscontinue or abandon the use of
the demised property for a peri d of 12 consecutive months, then
the lease shall automatically t rminate and possession thereof
shall revert to the City witho further action required of the
City or its Board.
(3) Basic Rent. Basic r nt shall constitute the providing
of the public service of const ucting, operating and maintaining
the outdoor ice rink for the j int benefit of the public at large
as well as members of the Less e's association.
(4) Additional Rent. The Lessee shall pay all Additional
Rent. Additional Rent means a 1 amounts, other than Basic Rent
provided for in paragraph 3 ari ve, which Lessee shall be
obligated to pay under this p agraph or other provisions of this
Lease. Additional Rent inclu es, but is not limited to, the
following fees, costs and exp nses: (a) all utilities, including
water, electric, gas, telepho e, sewage and garbage collection
and disposal; (b) costs for t e repairs, improvements or
alterations required to be ma e by the Lessee as set forth in
this Lease; (c) all taxes on realty or personalty, general or
special; and (d) all public r tes, dues, charges and assessments,
general or special, of any ki d upon the Leased Premises;
(5) Taxes. Lessee shall be responsible for and pay all
taxes and assessments agains the Leased Premises, except that
Lessee may at its own expens contest and challenge the
imposition or amount of any uch tax or assessment in accordance
with law; provided, however, that in the event this Lease is
terminated by either party, oard may at its option require the
Lessee to pay such contested taxes pending appeal, to place in
escrow a sum sufficient to p y said taxes, or take other action
which will remove said conte ted taxes as an encumbrance to title
or as an exception to the tr nsferability of marketable title to
the Leased Premises.
(6) Right of Entrv. all times during the term of this
lease, the Board shall have the right, by itself, its agents and
employees, to enter into an upon the Leased Premises during
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reasonable hours for the purpose of examining and inspecting the
same.
(7) Lessee�s Insurance. Les ee shall maintain during the
term of this lease and upon the eased Premises certain insurance
coverage which is described as f llows:
(a) COMPREHENSIVE GENERAL IABILITY insurance
including blanket cont actual liability
coverage and personal iability coverage with
a combined single lim' of not less than
$600, 000 per occurren e and such insurance
shall: (1) name the C'ty of Saint Paul and
the Board of Water Co missioners of the City
of Saint Paul, their lected and appointed
officers, employees a d agents as additional
insured; (2) be prima y with respect to
Board'S insurance or elf-insurance program;
(3) contain a standar cross liability
endorsement; (4) not xclude explosion,
collapse and undergrQ nd property damage; and
(5) be written �on an 'Occurrence" Form policy
basis.
(b) The policies herein equired shall be
endorsed to indicate that the insurer cannot
cancel or change the insurance without first
giving the Board 30 ays' prior written
notice. The policie shall be endorsed to
indicate that the co erage shall not be
invalid due to any a t or omission on the
part of the Board or the City.
(c) The insurance shall e placed with
responsible insuran companies authorized
and licensed to do siness in the State of
Minnesota and appro ed by Board, and copies
of the policies sha l be delivered to Board
on the date of Boar 'S execution of this
agreement. If such policies are not
delivered to the Bo rd as provided, the Board
may at its option t rminate the Lease or
place the insurance itself and bill the
Lessee for the cost of coverage as Additional
Rent.
(d) If for any reason y of the insurance
hereunder is void, he Lessee is responsible
-- to the Board for t e total amount of the
uninsured loss.
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(8) Cancellation or Termin tion. This lease shall be
subject to cancellation and te 'nation by Board at any time
during the term hereof by givin the Lessee notice in writing at
ninety (90) days in advance of e date when such termination
shall become effective. In the event of such termination any
unearned rental paid by the Les ee shall be returned to Lessee
without interest.
(9) Notice. All notices erein provided to be given, or
which may be given by either pa ty to the other, shall be deemed
to have been fully given when s rved personally on Board or
Lessee, or when made in writing and deposited in the United
States Mail, certified and post ge prepaid and addressed to the
Lessee.
(10) Assignment and Sublet 'n . Lessee shall not assign or
sublet this Lease without the itten consent of the Board, which
consent must be obtained prior to the execution of any agreement
to sublease the Leased Premise .
(11) Maintenance and Re irs. Lessee shall, at its own
cost and expense, be responsib e for all repairs, maintenance and
upkeep of the Leased Premises, including but not limited to
emergency repairs of any kind; routine maintenance and repair to
keep the Leased Premises in g4 d repair, safe and in compliance
with applicable fire, health, uilding and other life-safety
codes; and all repairs and mai tenance needed to keep the Leased
Premises in good condition, in luding all grounds, fences and
roads within the Leased Premis s. The foregoing obligations
shall bind the Lessee regardl s of the cause of the damage or
condition necessitating the r air or maintenance.
(12) Payments in Case of efault. Lessee shall pay Board
all costs and expenses, inclu ing reasonable attorney's fees in
any action brought by Board f r the breach or default of any of
the covenants or agreements c ntained in this Lease, or to
recover possession of said pr perty, whether such action
progresses to judgment or not
(13) Surrender of Premise . The Lessee, at the expiration
of said term, or any sooner t rmination of this lease, shall quit
peacefully and surrender poss ssion of said property and its
appurtenances to Board in as ood order and condition as the
property was delivered to th Lessee.
(14) Indemnity. The Le see agrees to indemnify, defend,
save and hold harmless the C'ty of Saint Paul, the Board, and any
agents, officers and employe s thereof from all claims, demands,
- actions or causes of action f whatsoever nature or character,
arising out of or by reason f the Lease of the herein described
premises by the Board to the Lessee, or the use or condition of
the premises or as a result f the operations or activities
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taking place on the premises. I is fully understood and agreed
that Lessee is aware of the cond'tions of the Leased Premises and
leases the same "as is. "
(15) Holdover. Any holdov after the expiration of the
term of this Lease shall be all ed only after receiving the
written consent of the Board. aid tenancy shall be deemed to be
a tenancy only from month-to-mo th. All of the other terms and
conditions of this Lease shall e applicable.
(16) Pollution and Contami ants. Lessee agrees to comply
with all ordinances, laws, rule and regulations enacted by any
governmental body or agency rel. ting to the control, abatement or
emission of air and water conta inants and/or the disposal of
refuse, solid wastes or liquid astes. Lessee shall bear all cost
and expense arising from compli nce with said ordinances, laws,
rules, or regulations and shall indemnify, defend, save and hold
harmless Board from all liabili y, including without limitation,
fines, forfeitures, and penalt' s arising in connection with the
failure by Lessee to comply wi such ordinances, laws, rules or
regulations. Board has the ri' t to perform cleanup and charge
the Lessee as Additional Rent or such costs should the Lessee
fail to comply.
(17) Events of Default. y of the following events
occurring during the term of t is Lease shall constitute an event
of default by the Lessee:
(a) the failure by Lesse to timely pay Basic
Rent or Additional R nt as required by this
Lease;
(b) the failure by Lesse to observe and perform
any covenant, cond ion or agreement on its
part to be observed r performed as required
by this Lease; or
(c) the failure by Less e or its surety to
discharge, satisfy r release any lien or
lien statement file or recorded against the
Leased Premises wit in sixty days after the .
date of such filing or recording, whichever
date is earlier.
It is an express covenan and agreement of Board and Lessee
that Board may, at its electi n, terminate this Lease in the
event of the occurrence of an of the events described in this
paragraph by giving not less han ten days' written notice to
- Lessee; and when so terminat , Board may reenter the Leased
Premises. It is further exp essly understood and agreed that
Board shall be entitled upon such reentry, notwithstanding any
other provision of this Leas , to exercise such rights and
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remedies as are provided in Defa lt Remedies Section of this
Lease.
(18) Compliance with Laws. he property described herein may
be used for only the purposes s ted herein. It is the sole and
exclusive responsibility of the essee in the use of the property
to comply with any and all laws, rules, regulations or ordinances
imposed by any jurisdiction aff cting the use to which the
property is proposed to be put. Inability or failure on the part
of the Lessee to comply with an of said laws, rules, regulations
or ordinances will not relieve he Lessee of the obligation to
pay the rental provided herein.
(19) Non-Discrimination. T e Lessee for its self, successors
in interest and assigns, as a p rt of the consideration hereof,
does hereby covenant and agree, as a covenant running with the
land, that
(1) no person, on the gr nd of race, sex, color
creed, religion, age, disability, marital
status, status ;with espect to public
assistance or nation 1 origin or ancestry
shall be excluded fr m participating in, be
denied the benefits f or be otherwise
subjected to discrim nation in the use of
said facilities;
(2) that in connection w'th the construction of
any improvements on aid lands and the
furnishing of servi s thereon, no
discrimination shal be practiced in the
selection of employ es and contractors, by
contractors in the election and retention of
first-tier subcontr ctors, and by first- tier
subcontractors in t e selection and retention
of second-tier subc ntractors;
(3) that such discrimin tion shall not be
practiced against t e public in their access
in and use of the f cilities and services
provided for as pub ic accommodations (such
as eating, sleepin , rest and recreation)
constructed or ope ted on the Leased
Premises; and
(4) that the Lessee sh 11 use the premises in
compliance with al other requirements
imposed pursuant t the Saint Paul
� Legislative Code C apter 183.
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(20) Liens. The Lessee shall not permit mechanic's liens
or other liens to be filed or est blished or to remain against
the Leased Premises for labor, m erials or services furnished in
connection with any additions, m ifications, improvements,
repairs, renewals or replacement made to the Leased Premises, or
for any other reason, provided t at if the Lessee shall first
notify the Board of its intentio to do so and shall deposit in
escrow with the Board a sum of m ney or a bond or irrevocable
letter of credit acceptable to t e Board equal to the amount of
the claim of lien, Lessee may in good faith contest any such
claims or mechanic's or other li ns filed or established and in
such event may permit the items ontested to remain undischarged
and unsatisfied during the peri of such contest. If, in the
opinion of the Board, the nonpa ent of any such items subjects
the Leased Premises to any loss or forfeiture, the Board may
require the Lessee to use the e crow account to promptly pay all
such unpaid items and if Lessee fails to pay from the escrow
account, the Board may pay and harge the Lessee as Additional
Rent. �
(21) Eminent Domain. In the event the entire Leased
Premises are taken by eminent d main, or such portion thereof is
so taken that in Lessee's reas able judgement it is uneconomic
thereafter to restore the Leas d Premises and proceed under the
terms and provisions of this L ase, Lessee may terminate this
Lease by giving to Board thirt days ' written notice of .
termination, effective as of t e date on which the condemning
authority acquires legal title or physical possession of the
Leased Premises. Lessee hereb waives and releases any claim to
or share in the Award of Compe sation for the taking,
notwithstanding any other prov'sion of law, this Lease or any
other agreement. Lessee may the extent otherwise permitted in
the eminent domain proceeding, remove its own trade fixtures at
its own expense.
(22) Alterations. The Les ee will not make any alterations to
the premises without the writ en consent of the Board, such
consent not to be unreasonabl withheld. If the Lessee desires
to make any such alterations, an accurate description shall first
be submitted to and approved y the Board and such alterations
shall be done by the Lessee a its own expense. All such work
shall be performed under the oard'S supervision and any
improvements made to the Lea ed Premises at the Lessee'S expense
shall become the property of the Board at the end of the Lease
period. Lessee agrees that 11 alterations will be done in a
workmanlike manner and in co formance with applicable building
codes, that the structural i tegrity and building systems of the
building will not be impaire , and that no liens will attach to
- the premises by reason there f.
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(23) Amended. Anything her in contained to the contrary
notwithstanding, this Lease may e terminated, and the provisions
of this Lease may be, in writing amended by mutual consent of
the parties herein.
IN WITNESS WHEREOF, the par ies hereto have set their hands
and seals the day and year in th' s Lease first above-written.
CITY OF SAINT PAUL
Mayor
. City Clerk
Director of Finance and
Management Services
��-
General Manager, Water Utility
City y ( ` pp al)
HIG D AREA HOCKEY ASSOCIATI N
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Its
.
Its �
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Board N TARY
STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY )
The foregoing instrument was ack wledged before me this
day of , 19 , by
George Latimer, Mayor of the Cit of Saint Paul, a municipal
corporation of the State of Minn sota, on behalf of said City of
Saint Paul.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY )
The foregoing instrument was ac nowledged before me this
day of , 19 , by A1
Olson, City Clerk of the City o Saint Paul, a municipal
corporation of the State of Min esota, on behalf of said City of
Saint Paul.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY )
The foregoing instrument was cknowledged before me this
day of , 19 , by Gene
Schiller, Director of Finance and Management Services of the City
of Saint Paul, a municipal co poration of the State of Minnesota,
on behalf of said City of Sai t Paul.
Notary Public
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Less e NOTARY
STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY )
The fo�going instrument was nowledged before me this
�"� da of S .�.� , 19�, by
�.' u/- o e � ,an
its and
its -- --- - --
, on behalf of Highland Area Hockey Association, a nonprofit
corporation.
�,�f C( . .
Notary Public
ik
t� SHIRLEY A. Jt3NEc,
,��a dOTARY PUBLIC—M�NNESCiA
°+� RAAnStY COUNTY
My commission expires April 13,1490
1�
BRUNING 40-5253 - ' •
///.��-��7�
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- LE6END
• - LAND LEASED TO RAh/�SEY CA,
-- LAND l..EASED'TO"}}f�HLA1JD
� ARtA !-�OGICEY ASSN.
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HIGH AND
I C E REWq
(RAMSE COUN7Y
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Ex H iaiT "A"
DR. A.J C Tp• AJ G SCALE � '�_�� �
cH. WATER UTI - CITY OF ST. PAUL, MINN.
APPROVED LEASE !�O HiGHL�t�1D f�REA REVIStbNS
NOCKEY ASSOGIATIOIJ
SHEET NO. FILE NO.
' ' CITY OF . PAUL �j-
OFFICE OF THE BOARD OF ATER COMMISSIONERS C��✓/�7/
RESOLUTION— ENERAL FORM No 397�
PRESENTED BY .��nnr� DATF G�^�t�� *^��� `"�,T—�T`a;�
COMMISSIONER R�..�. -
WHEREAS, Nighland Area Hockey Asso i�tion has reques�ed permission to
construct, opera�e and maintain an o tdoor hockey rink on City-owned land
described as follows:
The Nor�hwest one-quarter of ection 15, Township 28
North, Range 23 West, Racnsey oun�y, Minnesota
and
'�JHEREAS, The Board of Water C aiun ssioners �eneral Manager, Thomas D.
Mogren, has reviewed the hockey rjn construction proposal and Mr. F�ogren
reca�mends that the City en��r int a lease agreement with Highland Area
Hockey Association on behalf of t e Board enabling such construction to
proceed; and ;
WNtREAS, The City ALtorney's staff has �repared the attached lease agree-
ment auChorizing construction, op ration and maintenance of said hockey
rink on City-owned land; now, there ore, be it
RESOLVtD, Tha� the a�tached l.ease Agre�r�en� between Highland Area Hockey
Association and the City of Saint Paul on behaif of its Qoard of Water
Canrnissio�ers is hereby recanmende for approval ; and, be it
� _ _ __�U�THr� RESOLYE�,__Ih�t�he�o�nc.�1__Qf the .C��f S��_ri Paul i��quested
ate said
State of Minnesots 1
County of Raa�sey ) ss.
tity of Saint Paul )
I. Yerne E. Jacobsen, Secretary of the Board of 4a r Cammissiaeers of the City of Saint
Paul. do hereby certify that I have coapared tAe a�ove copy of a resolution of the said 8oard as
adopted by the Board ons2pt. 21,1989. with the orig nal thereof on file in uy office and
that said cbpy is a true and correct copy of said original a the whole thereof.
Witness the seal of the Board of Mater Camioisst ners oP the City of air�t Paul this
_ 21 aay or September , a.o. i9 89
eyYetar
�
Water Commissioners
Adopted by the Board of Water Commissioners
Yeas Nays
llia�ond
.,�,i1��- ����r.�mbAr �7 19.f19.
V:.ce Pre�id��nt i3�c'��-,i�_'�
Presid�nt Goswitz i
In favor�r—._ Opposed �
SECY.