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272697 N�HITE - CITV CLERK ��� � PINK - FINANCE � C�lICIl `,r � CANARY - DEPARTMENT F�. Bl_UE - MAYOR GITY OF SAINT PAUL File NO. � ,� ouncil Resolution � t Presented By ` Referred To Committee: Date Out of Committee By Date WHEREAS, District 8 Planning Council, one of 17 neighborhood Planning Councils, has received funds from the City to enable it to perform its advisory role in planning for public improvements and activities within its neighborhood; and WHEREAS, Through the wrongful actions of one of its ex- employees, funds of the City were improperly diverted from its intended purpose of paying for authorized planning council expendi- tures; and WHEREAS, The City has paid over to District 8 Planning Council the sum of $4, 429.33, the amount of funds which was misappropriated, on condition that the Planning Council repay the City from funds that may be collected from Charlie Mae Hollins and the Summit National Bank; and WHEREAS, District 8 Planning Council has requested that the City take necessary legal actions to seek reimbursement of these `'wrongful diversion of �unds, and to aceomplish this purpose is � willing to assign its rights and claims to the City of Saint Paul; now, therefore, be it RESOLVED, That the Council hereby approves the attached agreement with District 8 Planning Council whereby the City will receive the assignment of all rights and claims the District 8 Council may have against Charlie Mae Hollins, the former employee, and Summit National Bank for the repayment of the sum of $4, 429.33 and whereby the City Attorney is authorized to commence any legal actions and settlements for this purpose on behalf of District 8 Planning Council and the City of Saint Paul, and the proper City officers are authorized and directed to execute the said agreement. COUIVCILMEIV Requested by Department of: Yeas Nays � H�� In Favor Hunt G� Levine _ � __ Against BY L� . Maddox � Showalter Tedesco � 2 Z 19� Form Approved by �ity Attorney Adopted by Co . Date \ Certifyc�d�Pass d ouncil Secretary BY � �_. �� •- l�- .� ♦�-- !.`C '%. i / � / j � 2 7 �9� App ed by Mayo?'for Su 's on�to Council tlpp by (Vlavor. �. a. 1� sy �'��_ BY � �►uBUSHEO MAR 3 1 1979 . - , ' .� , �"�j���� AGREEMENT ' THIS AGREEMENT, made and entered into this day of , 1979, by and between the City of Saint Paul, � a municipal corporation of the State of Minnesota, hereinafter referred to as "City" , and the District 8 Planning Council, a Minnesota nonprofit corporation, hereinafter referred to as "District 8" . WHEREAS, District 8 constitutes one of seventeen neighbor- hood district planning councils recognized by the Cit�� Council as the representative body to advise the City Council concerning projects to be funded with federal Community Development Block Grant funds; and WHEREAS, The City has provided funds to District 8 for certain eligible expenditures so as to enable it to perform its advisory role; and WHEREAS , An ex-employee of District 8, Charlie Mae Hollins, has appropriated to her own personal use the sum of Four Thousand Four Hundred Twenty-nine and 33/100 Dollars ($4, 429. 33) from funds of District 8 without the express or implied permission or consent nf District 8, or of any of its employees, agents or officers; and • WHEREAS , Said Charlie Mae Hollins obtained these �unds by forging the signatures of District 8 ' s officers on checks drawn on the Sununit National Bank, or by unlawfully endorsing checks � . . ' made payable to District 8 and withdrawing a portion of the amount payable at the time of depositing funds; and � WHEREAS, District 8 did request that the City advance to it the sum of Four Thousand Four Hundred Twenty-nine and 33/100 ' Dollars ($4, 429.33�) on condition that it will repay the funds to . the City from collections made from either/or Charlie Mae Hollins • and the Summit National Bank; and • . WHEREAS, The City did advance the sum of Four Thousand Four Hundred Twenty-nine and 33/100 Dollars ($4, 429.33) to District 8 � so as to enable it to pay outstanding obligations of the Council; *�o�v, ther•:for� � IT IS HEREBY AGREED BETWEEN THE CITY AND DISTRICT 8 AS FOLLOWS: 1. City did advance the sum of Four Thousand Four Hundred Twenty-nine and 33/100 Dollars ($4,429. 33) to District 8, the receipt of which is acknowledged by and on behalf of District 8. 2 . n_stric� E a�'�:.�wlzc:3e� a dabt �c tr,e C�ty :-c:�: �,:�e su.*r of Four Thousand Four Hundred Twenty-nine and 33/100 Dollars ($4 ,429 . 33) plus interest at an annual rate of 6� , the amount to be paid to City from any and all collections received by or on behalf of District 8 from Charlie Mae Hollins and/or Summit National Bank. . , • 3 . District 8 hereby assigns to City all right, title, interest and cause of action it may have against Charlie Mae Holl�ins and/or 2 . Summit National Bank for the misappropriation of the sum of Four Thousand Four Hundred Twenty-nine and 33/100 Dollars ($4,429. 33) of District 8 monies, including any interest, attorney fees, and other costs that may be obtained in the collection of said debt. Any and all monies that may be recovered from Charlie Mae Hollins �and/or Summit National Bank shall become the property of the City � as repayment of the additional advances made by City pursuant to � this agreement. 4. District 8 does hereby appoint the City Attorney to be the attorney for District 8 for the purpose of taking any and all lega� actions deemea necessary by City in attempting to collect � such monies from Charlie Mae Hollins and/or Summit National Bank, and the City Attorney shall have full authority to settle, com- . � promise or discharge the debt owing to District 8 from Charlie Mae Hollins and/or Summit National Bank. 5. It is understood and agreed that this assignment is coup�ed witn an interest and that it may not be revoked by District 8. 6. District 8 does hereby represent and warrant to the City that the sum of Four Thousand Four Hundred Twenty-nine and 33/100 � Dollars ($4,429. 33) was appropriated by Charlie Mae Hollins without either express or implied authority or permission of District 8, � � � its officers, agents or employees, and that Summit National Bank was never authorized by District 8 , its officers, agents or , employees, to pay over the said amount to Charlie Mae Hollins. 3. 7. District 8 does hereby further represent and warrant that neither it nor any of its officers, agents or employees have in any manner agreed to compromise or settle any claims or actions it may have or had against Charlie Mae Hollins and/or Summit . . National Bank pertaining to the misappropriation of funds by . �Charlie Mae Hollins. ' IN WITNESS WHEREOF, the parties have caused this agreement to be executed as of the day and year first above written. � Form Approved: CITY OF ,S.AINT P U.L• ,� � � B �� Assistant City Attorney Mayor . Director, Department of Finance and Management Services Director, Planning & Economic Development THE DISTRICT 8 PLANNING COUNCIL � By . Its � By � Its � : 4. � , , _ STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) • The foregoing instrument was acknowledged before me this day of , 1979, by George Latimer, Mayor of the City of Saint Paul, a municipal corporation of the State of Minnesota on behalf of said City of Saint Paul. " Notary Public STATE OF D4INNESOTA ) ) ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this day of , 1979, by Rose Mix, City Clerk, and � � Bernard J. Carlson, Director of Finance and Management Services of the City of Saint Paul, a municipal corporation of the State of Minnesota, on behalf of said City of Saint Paul. Notary Pub ic STATr: OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this . day of , 1979 , by , an d , title , of THE DISTRICT 8 PLANNING COUNCIL, • (title a Minnesota nonprofit corporation, on behalf of said corporation. Notary Public 5. . ;. _ _�� �:L�?'�Y" ��t+` ►�'�''��.7:�'\;�' �.r�TJ��. . ' ' {� � '• �` O1�:E'�[:;I� �i' rI'iIl±: CL�L'-i.' Ct)J1C?'L �:r��(��4�� y', i �, -- " C f. , . �i_��.. � t: :,� % .� .__;,� ::1 �. i ���.`�� ,. -,'.��:� Dat • • >_ ;-�� e March 20, 1979 l.ti�. . C � �'li �i �`i `�" �. �= � i t�' C� � i T O : �bin� F'aul Ci��t Councii - = . F� � �1� = Ct7�'1ii`ft�7'�.'� Oil ��NANCE, MANAGEMENT AND PERSONNEL . . Ruby Hunt �' Ct�airmar�, makes the fotlo��vinc� . � report on C. F. [� Ordinnnce . [� Resolu'rion - : . - � Orh er - i �lL� ' - . The Finance Commfittee, at its meeting on March 19, 1979, recommended approval of Resolution authorizing entrance into an agreement with - District 8 whereby the Ci,ty would assume the responsibility for collect- . . ing the money owed by .Charlie Mae Hollins. � " ::i('`i' �U1LL SEti'ENT�-. �'I.CO:Z SAI�T P�1liL� 1IF\�:iT'�,SOF.1 5�.�?