262617 WHITE — CITY CLERK COUI1C11 ll'����
PINK — FINANCE �
CANARY - DEPARTMENT /Q 1
BLUE �MAYOR ITY OF SAINT PATTL File NO. haL!
Council esol 'on
Presented By
Referred To Committee: Date
Out of Committee By Date
RESOLVED, That the Council of the City of Saint Paul
does hereby approve the recommendation submitted by the
City Attorney for the settlement of a lawsuit brought
against the City of Saint Paul and the City' s contractor,
Moore Construction Company, by Louis and Lois Caliguire
involving construction of a storm sewer by the City, the
settlement being approved obligating the City to pay the
sum of $1, 100.00 to the Caliguires and Moore Construction
Company contributing $900.00� subject to the receipt by
the City of a total and complete release of all claims by
Louis and Lois Caliguire, said settlement to be paid from
Fund No. 09070-420-000; and be it
FURTHER RESOLVED, that Resolution 244704, adopted July
1, 1969, authorizing payment of $525.00 as settlement of
this lawsuit be and is hereby rescinded.
COUNCILMEN
Yeas gu'�l�r Nays Requested by Department of:
�
Konopatzki In Favor
Levine
Meredith � Against BY
� Roedler
'�ed�es�
Mme.President �t H�'t N OV Z 1 �9T.3 Form Approved by C' Attorn
Adopted by Council: Date
Certified s d by Co i ary BY
By
Approv -by 114a r: Dat� Approv or for Submission to Council
By � ` � BY
Pueust��o Q�C 0 � 1973
_
. . ������
CITY OF SAINT PAUL
OFFICE OF THE CITY ATTORNEY
November 2, 1973 R. SCOTT DAVIES
RECEiVED
��V 131973
Members of the Council
of the City of St. Paul CORP�RA�'��N �OUNSE!
Re: Settlement of Claim of Louis & Lois Caliguire
The City contractor, Moore Construction Company, in
building the storm sewer in an easement owned by the
City, caused damage to the home and land owned by
the adjacent property owners, Louis and Lois Caliguire.
At the time of trial in 1969, a serious question arose
as to whether the City had the right to install a.
second sewer within the existing easement and for this
reason, the City Attorney recommended settlement of
the suit with the City contributing $525.00 and the
contractor' s insurance company contributing $900.00.
The Caliguires apparently weren't satisfied with this
settlement and it has taken four years to arrive at a
point where they are willing now to accept $2,000.00
as complete settlement for all claims that they may have.
The City Attorney recommends acceptance of the offer
which requires the City to contribute $1, 100.00 instead
of the original $925.00. Our recommendation is based
on the Department of Public Works agreement that the
City and its contractor dama.ged the property and the
Valuation Engineer' s recommendation that the dollar
settlement is reasonable.
Very ruly yours,
,� �,c�-
�N� J. SEGA
Assi��tant City Attorney
JJS:jr
City Hall, Saint Paul, Minnesota 55102
612 298-5121