99-130� oR����at
Council File # � t��3�
Green Sheet # 62 543
Presented by:
RESOLUTION
CITY OF SAINT PAUL MINNESOTA ��
Referred to: Committee: Date
WFIEREAS, during a sanitary sewer pump station inspection and monitoring program, Public Works
discovered that I�orthem States Power Company's High Bridge Plant had flows to the city's sanitary
sewer system in addition to that which goes through the city water meter and is recorded; and
WHEREAS, on May 29, 1998, the city sent Northem States Power Company a bill for unreported
flows from 1983 to 1997; and
WHEREAS, Northern States Power Company denies that it owes the bill citing several legal defenses
to the collection of the bill; and
WHEREAS, in order to avoid the costs and uncertainties of litigation, Northern States Power
Company and Saint Paul have agreed to a compromise amount to settle this bill to the satisfaction of
both parties.
Now therefore, be it RESOLVED, by the City of Saint Paul that the City enter into the attached
Agreement with Northern States Power Company and directs the proper City officials to execute the
Agreement on behalf of the City.
Requested by Department of:
Adopti n Certified by Council Secretary
�: `��� a-. ��,..,--,�-�--r-
Approved by or: Da� '`� f���
By: �
Adopted by Council: Date ����• lb .\'�q%
Form Appro by City Attomey
- /�v14.�`� � ' �;/,��/
g -� �if"'""'
DEPARTMINT/OFFICE/CAUNqL
Public Works
Puchreiter
ON COUNCIL AGENDA BY (DATE�
DATEINITIATED GREEN SHEET �
Jan. 22, 1999 INRIAUDATE
� Rager Puchreder l�LL �
ASSIGN � DIqCRUPERf/ACCL �C I/L� 4 �
NUMBER
ROUTING � ��� DIRECTOfl � ❑
OfiDQi
❑' @bget OirttYar
. A�L) • M/IA�
Cm' ATTOflNEv
i �
� N o 6254 s
INRIAI /I
MAYOR
CIiV COUNCiI �
CiTY CLFAK _
IN.SERVICES/ACCT. _
TOTAL # OF SIGNATURE PAGES 1 (CLJP ALL LOCATIONS POR SIGNATUR�
ACT10N REQUESTED
Approve the attached resolution authorizing proper city officials to execute a proposed settlement agreement ( Exhibit A)
beiween Saint Paui and iVorthem States Power Co. for a disputed sewer bill.
RECOMMENDAT70NS: Approve (A) or Rejec[ (R)
PLANNING COMMISSION
CIB COMMITTEE
C{V{� SERVICE COMMISSIOIV
PERSONAL SERVICE CONTRACTS MUST ANSWER THE
FOLLOWING QUESTIONS:
1. Has this persoNfirm ever worked under a contract for this
department?
YES NO
2. Has this persoNfirm ever been a city employee?
YES NO
3. Does this person/firm possess a skill not normally possessed by
any current city employee?
YES NO
Explain all yes answers on separate sheet and attach to
green sheet
INITIATING PROBLEM, ISSUE, OPPORTUNITY (WHO, WHAT, WHEN, WHERE, WH`n:
As a result of an inspection, Public Works discovered that the NSP High Bridge Plant had flows to the sanitary sewer system
in addition to that which goes through the city water meter. On May 29, i 998, the City sent NSP a bill fior sanitary sewer
adjustments for the period of 1983 to 1997 due to this extra flow. NSP denies that it owes and asserts several legal defenses
to the collection of the bill. Several meetings were heid between the city and NSP in an attempt to resolve this disputed
amount. Under the proposed settlement agreement, NSP will pay the city $300,000 to settle this biil.
ADVANTAGESIFAPPROVED:
The disputed amount will be resolved to the satistaction of all parties
G91��4�:?� �c$°� �,`i�YS�AC
µ ss�,
< � "."�
:.c
s � �, i
.� x
DISADVANTAGES IF APPROVED:
This is a compromise settlement. If we to,go to court, we could be awarded a larger amount.
DISADVANTAGES IF NOT APPROVED:
7he dispute would have to be resoived in a court of law and the court could agree with NSP a�d lower or dismiss the bill.
Additionally, the city's legal cost to bring this to court are estimated to be $250,000.
TOTAL AMOUNT OF TRANSACTION
FUNDING SOURCE
FINANCIAL INFORMATION: (IXPLAIN)
COSLREVENUE BUDGEfED (CIRCLE OIJ�1-G.EI V Cu
S'fC
ACINITY NUMBER
JAN 2 9 1999
NO
�IAY�R'S OFFICE
q �-� 3�
Exhibit A
NSP and its insurers, successors or assigns, for, upon or by reason of the sewer bill dated
May 29, 1998.
It is furftier specificaily understood and agreed that acceptance of the
3.
consideration herein before recited is in full, final and complete compromise, settlement
and satisfaction of the disputed claim, the same does not constitute and shall not be
construed as any admission of liability or fault whatever.
4. There are no covenants, promises> undertakings or understandings outside of
this Settlement Agreement and Release other than as specifically set forth herean.
5. The undersigned, by execution hereof, state that this Setttement Agreement
and Release has been read by them or to them by legal counsel and that the undersigned
understand and fully agree to each, all and every provision hereof, hereby acknowledging
receipt of a copy thereof.
6. The undersigned further represent that they have authority to execute this
Settiement Agreement and Release on behalf of their respective parties.
IN WITNESS WHEREOF, the undersigned have executed these presents as
follows:
City of St. Paul
By:
Mayor, City St. Paul
By� „d�
Director� t blic Works
By:
Director, Office of Financial Services
By:
City Attomey
Northern States Power Comuanv
By:
Its:
2
Exhibit A q9-i�o
SETTLEMENT AGREEMENT AND RELEASE
This Settlement Agreement and Release ("AgreemenY') made and entered into this
21Lh day of January, 1999, between Northern States Power Company ("NSP") and the
City of St. Paul ("City").
WHEREAS, the City and NSP are parties to a dispute over a sewer bili, dated May
29, 1998, sent to NSP by the City, in which are alleged adjustments to previous sewer bills
covering the period of 1983 - 1997;
WHEREAS, the City has referred the bill to its City Attomey for initiation of
proceedings to collect the bill, and NSP has tendered its defense of the bill to its General
Counsel;
WHEREAS, NSP denies that it owes said bill, and asserts several legal defenses to
the collection of the bill;
WHEREAS, in order to avoid the costs, expenses and uncertainries of litigauon,
NSP and City have agreed to compromise and setde the disputed bill on the terms and
conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and agreements of
the parties herein, the adequacy of which consideration is hereby acknowledged, it is
agreed by and between the patties as follows:
1. NSP shall pay to City the sum of three hundred thousand dollars ($300,000)
upon the execution of this Agreement by the City.
2. City does agree to, and hereby does, reIease, acquit and forever discharge
NSP and its insurers, successors and assigns, and each and all thereof, of and from any and
all matter of action or actions, suits, claims, damages, judgements, levies and executions,
whether known or unknown, iiquidated or unliquidated, �xed, contingent, direct or
indirect, which Ciry ever had, has or ever can, shall or may have or claim to have against
� oR����at
Council File # � t��3�
Green Sheet # 62 543
Presented by:
RESOLUTION
CITY OF SAINT PAUL MINNESOTA ��
Referred to: Committee: Date
WFIEREAS, during a sanitary sewer pump station inspection and monitoring program, Public Works
discovered that I�orthem States Power Company's High Bridge Plant had flows to the city's sanitary
sewer system in addition to that which goes through the city water meter and is recorded; and
WHEREAS, on May 29, 1998, the city sent Northem States Power Company a bill for unreported
flows from 1983 to 1997; and
WHEREAS, Northern States Power Company denies that it owes the bill citing several legal defenses
to the collection of the bill; and
WHEREAS, in order to avoid the costs and uncertainties of litigation, Northern States Power
Company and Saint Paul have agreed to a compromise amount to settle this bill to the satisfaction of
both parties.
Now therefore, be it RESOLVED, by the City of Saint Paul that the City enter into the attached
Agreement with Northern States Power Company and directs the proper City officials to execute the
Agreement on behalf of the City.
Requested by Department of:
Adopti n Certified by Council Secretary
�: `��� a-. ��,..,--,�-�--r-
Approved by or: Da� '`� f���
By: �
Adopted by Council: Date ����• lb .\'�q%
Form Appro by City Attomey
- /�v14.�`� � ' �;/,��/
g -� �if"'""'
DEPARTMINT/OFFICE/CAUNqL
Public Works
Puchreiter
ON COUNCIL AGENDA BY (DATE�
DATEINITIATED GREEN SHEET �
Jan. 22, 1999 INRIAUDATE
� Rager Puchreder l�LL �
ASSIGN � DIqCRUPERf/ACCL �C I/L� 4 �
NUMBER
ROUTING � ��� DIRECTOfl � ❑
OfiDQi
❑' @bget OirttYar
. A�L) • M/IA�
Cm' ATTOflNEv
i �
� N o 6254 s
INRIAI /I
MAYOR
CIiV COUNCiI �
CiTY CLFAK _
IN.SERVICES/ACCT. _
TOTAL # OF SIGNATURE PAGES 1 (CLJP ALL LOCATIONS POR SIGNATUR�
ACT10N REQUESTED
Approve the attached resolution authorizing proper city officials to execute a proposed settlement agreement ( Exhibit A)
beiween Saint Paui and iVorthem States Power Co. for a disputed sewer bill.
RECOMMENDAT70NS: Approve (A) or Rejec[ (R)
PLANNING COMMISSION
CIB COMMITTEE
C{V{� SERVICE COMMISSIOIV
PERSONAL SERVICE CONTRACTS MUST ANSWER THE
FOLLOWING QUESTIONS:
1. Has this persoNfirm ever worked under a contract for this
department?
YES NO
2. Has this persoNfirm ever been a city employee?
YES NO
3. Does this person/firm possess a skill not normally possessed by
any current city employee?
YES NO
Explain all yes answers on separate sheet and attach to
green sheet
INITIATING PROBLEM, ISSUE, OPPORTUNITY (WHO, WHAT, WHEN, WHERE, WH`n:
As a result of an inspection, Public Works discovered that the NSP High Bridge Plant had flows to the sanitary sewer system
in addition to that which goes through the city water meter. On May 29, i 998, the City sent NSP a bill fior sanitary sewer
adjustments for the period of 1983 to 1997 due to this extra flow. NSP denies that it owes and asserts several legal defenses
to the collection of the bill. Several meetings were heid between the city and NSP in an attempt to resolve this disputed
amount. Under the proposed settlement agreement, NSP will pay the city $300,000 to settle this biil.
ADVANTAGESIFAPPROVED:
The disputed amount will be resolved to the satistaction of all parties
G91��4�:?� �c$°� �,`i�YS�AC
µ ss�,
< � "."�
:.c
s � �, i
.� x
DISADVANTAGES IF APPROVED:
This is a compromise settlement. If we to,go to court, we could be awarded a larger amount.
DISADVANTAGES IF NOT APPROVED:
7he dispute would have to be resoived in a court of law and the court could agree with NSP a�d lower or dismiss the bill.
Additionally, the city's legal cost to bring this to court are estimated to be $250,000.
TOTAL AMOUNT OF TRANSACTION
FUNDING SOURCE
FINANCIAL INFORMATION: (IXPLAIN)
COSLREVENUE BUDGEfED (CIRCLE OIJ�1-G.EI V Cu
S'fC
ACINITY NUMBER
JAN 2 9 1999
NO
�IAY�R'S OFFICE
q �-� 3�
Exhibit A
NSP and its insurers, successors or assigns, for, upon or by reason of the sewer bill dated
May 29, 1998.
It is furftier specificaily understood and agreed that acceptance of the
3.
consideration herein before recited is in full, final and complete compromise, settlement
and satisfaction of the disputed claim, the same does not constitute and shall not be
construed as any admission of liability or fault whatever.
4. There are no covenants, promises> undertakings or understandings outside of
this Settlement Agreement and Release other than as specifically set forth herean.
5. The undersigned, by execution hereof, state that this Setttement Agreement
and Release has been read by them or to them by legal counsel and that the undersigned
understand and fully agree to each, all and every provision hereof, hereby acknowledging
receipt of a copy thereof.
6. The undersigned further represent that they have authority to execute this
Settiement Agreement and Release on behalf of their respective parties.
IN WITNESS WHEREOF, the undersigned have executed these presents as
follows:
City of St. Paul
By:
Mayor, City St. Paul
By� „d�
Director� t blic Works
By:
Director, Office of Financial Services
By:
City Attomey
Northern States Power Comuanv
By:
Its:
2
Exhibit A q9-i�o
SETTLEMENT AGREEMENT AND RELEASE
This Settlement Agreement and Release ("AgreemenY') made and entered into this
21Lh day of January, 1999, between Northern States Power Company ("NSP") and the
City of St. Paul ("City").
WHEREAS, the City and NSP are parties to a dispute over a sewer bili, dated May
29, 1998, sent to NSP by the City, in which are alleged adjustments to previous sewer bills
covering the period of 1983 - 1997;
WHEREAS, the City has referred the bill to its City Attomey for initiation of
proceedings to collect the bill, and NSP has tendered its defense of the bill to its General
Counsel;
WHEREAS, NSP denies that it owes said bill, and asserts several legal defenses to
the collection of the bill;
WHEREAS, in order to avoid the costs, expenses and uncertainries of litigauon,
NSP and City have agreed to compromise and setde the disputed bill on the terms and
conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and agreements of
the parties herein, the adequacy of which consideration is hereby acknowledged, it is
agreed by and between the patties as follows:
1. NSP shall pay to City the sum of three hundred thousand dollars ($300,000)
upon the execution of this Agreement by the City.
2. City does agree to, and hereby does, reIease, acquit and forever discharge
NSP and its insurers, successors and assigns, and each and all thereof, of and from any and
all matter of action or actions, suits, claims, damages, judgements, levies and executions,
whether known or unknown, iiquidated or unliquidated, �xed, contingent, direct or
indirect, which Ciry ever had, has or ever can, shall or may have or claim to have against
� oR����at
Council File # � t��3�
Green Sheet # 62 543
Presented by:
RESOLUTION
CITY OF SAINT PAUL MINNESOTA ��
Referred to: Committee: Date
WFIEREAS, during a sanitary sewer pump station inspection and monitoring program, Public Works
discovered that I�orthem States Power Company's High Bridge Plant had flows to the city's sanitary
sewer system in addition to that which goes through the city water meter and is recorded; and
WHEREAS, on May 29, 1998, the city sent Northem States Power Company a bill for unreported
flows from 1983 to 1997; and
WHEREAS, Northern States Power Company denies that it owes the bill citing several legal defenses
to the collection of the bill; and
WHEREAS, in order to avoid the costs and uncertainties of litigation, Northern States Power
Company and Saint Paul have agreed to a compromise amount to settle this bill to the satisfaction of
both parties.
Now therefore, be it RESOLVED, by the City of Saint Paul that the City enter into the attached
Agreement with Northern States Power Company and directs the proper City officials to execute the
Agreement on behalf of the City.
Requested by Department of:
Adopti n Certified by Council Secretary
�: `��� a-. ��,..,--,�-�--r-
Approved by or: Da� '`� f���
By: �
Adopted by Council: Date ����• lb .\'�q%
Form Appro by City Attomey
- /�v14.�`� � ' �;/,��/
g -� �if"'""'
DEPARTMINT/OFFICE/CAUNqL
Public Works
Puchreiter
ON COUNCIL AGENDA BY (DATE�
DATEINITIATED GREEN SHEET �
Jan. 22, 1999 INRIAUDATE
� Rager Puchreder l�LL �
ASSIGN � DIqCRUPERf/ACCL �C I/L� 4 �
NUMBER
ROUTING � ��� DIRECTOfl � ❑
OfiDQi
❑' @bget OirttYar
. A�L) • M/IA�
Cm' ATTOflNEv
i �
� N o 6254 s
INRIAI /I
MAYOR
CIiV COUNCiI �
CiTY CLFAK _
IN.SERVICES/ACCT. _
TOTAL # OF SIGNATURE PAGES 1 (CLJP ALL LOCATIONS POR SIGNATUR�
ACT10N REQUESTED
Approve the attached resolution authorizing proper city officials to execute a proposed settlement agreement ( Exhibit A)
beiween Saint Paui and iVorthem States Power Co. for a disputed sewer bill.
RECOMMENDAT70NS: Approve (A) or Rejec[ (R)
PLANNING COMMISSION
CIB COMMITTEE
C{V{� SERVICE COMMISSIOIV
PERSONAL SERVICE CONTRACTS MUST ANSWER THE
FOLLOWING QUESTIONS:
1. Has this persoNfirm ever worked under a contract for this
department?
YES NO
2. Has this persoNfirm ever been a city employee?
YES NO
3. Does this person/firm possess a skill not normally possessed by
any current city employee?
YES NO
Explain all yes answers on separate sheet and attach to
green sheet
INITIATING PROBLEM, ISSUE, OPPORTUNITY (WHO, WHAT, WHEN, WHERE, WH`n:
As a result of an inspection, Public Works discovered that the NSP High Bridge Plant had flows to the sanitary sewer system
in addition to that which goes through the city water meter. On May 29, i 998, the City sent NSP a bill fior sanitary sewer
adjustments for the period of 1983 to 1997 due to this extra flow. NSP denies that it owes and asserts several legal defenses
to the collection of the bill. Several meetings were heid between the city and NSP in an attempt to resolve this disputed
amount. Under the proposed settlement agreement, NSP will pay the city $300,000 to settle this biil.
ADVANTAGESIFAPPROVED:
The disputed amount will be resolved to the satistaction of all parties
G91��4�:?� �c$°� �,`i�YS�AC
µ ss�,
< � "."�
:.c
s � �, i
.� x
DISADVANTAGES IF APPROVED:
This is a compromise settlement. If we to,go to court, we could be awarded a larger amount.
DISADVANTAGES IF NOT APPROVED:
7he dispute would have to be resoived in a court of law and the court could agree with NSP a�d lower or dismiss the bill.
Additionally, the city's legal cost to bring this to court are estimated to be $250,000.
TOTAL AMOUNT OF TRANSACTION
FUNDING SOURCE
FINANCIAL INFORMATION: (IXPLAIN)
COSLREVENUE BUDGEfED (CIRCLE OIJ�1-G.EI V Cu
S'fC
ACINITY NUMBER
JAN 2 9 1999
NO
�IAY�R'S OFFICE
q �-� 3�
Exhibit A
NSP and its insurers, successors or assigns, for, upon or by reason of the sewer bill dated
May 29, 1998.
It is furftier specificaily understood and agreed that acceptance of the
3.
consideration herein before recited is in full, final and complete compromise, settlement
and satisfaction of the disputed claim, the same does not constitute and shall not be
construed as any admission of liability or fault whatever.
4. There are no covenants, promises> undertakings or understandings outside of
this Settlement Agreement and Release other than as specifically set forth herean.
5. The undersigned, by execution hereof, state that this Setttement Agreement
and Release has been read by them or to them by legal counsel and that the undersigned
understand and fully agree to each, all and every provision hereof, hereby acknowledging
receipt of a copy thereof.
6. The undersigned further represent that they have authority to execute this
Settiement Agreement and Release on behalf of their respective parties.
IN WITNESS WHEREOF, the undersigned have executed these presents as
follows:
City of St. Paul
By:
Mayor, City St. Paul
By� „d�
Director� t blic Works
By:
Director, Office of Financial Services
By:
City Attomey
Northern States Power Comuanv
By:
Its:
2
Exhibit A q9-i�o
SETTLEMENT AGREEMENT AND RELEASE
This Settlement Agreement and Release ("AgreemenY') made and entered into this
21Lh day of January, 1999, between Northern States Power Company ("NSP") and the
City of St. Paul ("City").
WHEREAS, the City and NSP are parties to a dispute over a sewer bili, dated May
29, 1998, sent to NSP by the City, in which are alleged adjustments to previous sewer bills
covering the period of 1983 - 1997;
WHEREAS, the City has referred the bill to its City Attomey for initiation of
proceedings to collect the bill, and NSP has tendered its defense of the bill to its General
Counsel;
WHEREAS, NSP denies that it owes said bill, and asserts several legal defenses to
the collection of the bill;
WHEREAS, in order to avoid the costs, expenses and uncertainries of litigauon,
NSP and City have agreed to compromise and setde the disputed bill on the terms and
conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and agreements of
the parties herein, the adequacy of which consideration is hereby acknowledged, it is
agreed by and between the patties as follows:
1. NSP shall pay to City the sum of three hundred thousand dollars ($300,000)
upon the execution of this Agreement by the City.
2. City does agree to, and hereby does, reIease, acquit and forever discharge
NSP and its insurers, successors and assigns, and each and all thereof, of and from any and
all matter of action or actions, suits, claims, damages, judgements, levies and executions,
whether known or unknown, iiquidated or unliquidated, �xed, contingent, direct or
indirect, which Ciry ever had, has or ever can, shall or may have or claim to have against