267499 WHI7E - CITV CL RK COUIICII ������
PINK - FINANC GIT OF SAINT PALTL - .
CANARZ' - DEPART ENT �
BLUE - MAVOR File NO.
� � ; c 'l Resolution
Presented By
Referr d To Committee: Date
Out of Committee By Date
WHEREAS, Peter Zitzewitz has sustained damage to his
p operty located at 1923 Foxridge Road as a result of
r in storms that occurred on or about June 29, 1975, June 30,
1 75, August 22, 1975 and at other times previous to June
0 1975, and
WHEREAS, the Council finds that the reasonable value
o the damage to the property is in the amount of Eight
H dred and Twenty ($820. 00) Dollars, and the Council further
f ' ds that the City is liable for such damage�
BE IT RESOLVED, that upon the execution of a Release
o All Claims in a form approved by the City Attorney, the
p per city officers are hereby authorized and directed to
p to Peter Zitzewitz out of Tort Liability Fund
N . 09070-511-000 the sum of Eight Hundred and Twenty
($820.00) Dollars in full settlement for his claim for
d ages arising out of the events aforesaid.
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COUNCI MEN
Yeas Nays Requested by Department of:
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Butler ,�',' In Favor
Hozza
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oedler �-- Against BY
Sylvester,
—''--reae��
�l 6 � Form Approved by City Attorney
Adopted by Cou . Date
Certifie a. e Cou �I Secretary BY
/
� JUL '► 2 1976 Approved by Mayor for Submission to Council
Appro :'Vlav c Dat
By
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Sa nt Paul City Council
ni y of �aint Paul , Tvlinnesota 28 P�iay 1g76
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I �!espectfull.y request to be placed on the agenda for
Th�rsday� 20 P.2ay 1976, to have the Council hear my
cl�lim for property damage (your file number 5-75-0�4�1 ) .
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Pet�er F. ?itzewitz`
192�13 Foxri_dge Roa d
St. Paul , NZIv' 55119 .
7151�-6878
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C ITY OF SAI NT PAUL
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OFFICE OF THE CITY ATTORNEY
June 2 9, 19 7 6 �,�::��.R�,i;�.
! �,��"°�:T i A i°y S!�.� �
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ITO: Members of the City Council
FROM: Daniel L. Ficker
SUBJECT: Claim of Peter Zitzewitz
IlAttached is the Resolution requested by you at our
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June 17, 1976 meeting regarding the claim of Peter
Zitzewitz. Please take note of that part of the
'Resolution where there is an express findings that
the City is liable to Mr. Zitzewitz in the amount of
$820.00 as a result of the damages he sustained during
;Ithe summer 1975 rain storms and rain storms previous
thereto. Ordinarily, there is no finding of liability
in a Resolution because the Council can rely on the
fact that a determination of liability has already been
made by the City Attorney. However, in the instant
atter, since the City Attorney has made a determination
that there is no liability on the part of the City, it
lis my opinion that the Council must make an express
Idetermination of liability in order for the claim to
be legally paid. You will also notice that the Resolution
is not approved by the City Attorney or her assistants.
This does not affect the legality of the Resolution since
it is not required that the form of the Resolution be
approved by the City Attorney.
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City Hall, Saint Paul, Minnesota 55102
612 298-5121