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246858 ORIGINAL TO CITY CLHRK. �j 1685r ) CITY OF ST. PAUL FOE NCIL NO. ,. OFFICE OF THE CITY CLERK ' COUNCIL RESOLUTION—GENERAL FORM PRESENTED BY COMMISSIONE DAT WHEREAFS, The City of Saint Paul and the `T311age of Fa.lcon Heights have entered into an a$reement pertaining to the authorization of' the in�erconnection of public sewers between the two municipalities; and WHEREAS, The said Village is entitled to reimbursement of the sum of $56, g�9.37 representing overpayment for sewe� char�es for the period of July l, 1.g65 throu�h June 30, lg6g; and WHEREAS, The Gity and Village wish to� settle and compro- mise th� dispute arising out of repairs made by the City to the Arundel Street Sewer and the par�ies have a�reed �o the City receiving �he sum of ,�7,000.00 from th� Village as the Villages ' share of the cost of r�pairs to said Arundel Street '�ewer; now, theref'ore, be it i RE��OLVED, That proper City officers of the City of Saint Paul are hereby authoriz�d and directed to execute, on behalf , of the City, Settlement Agreement bEtW�E23 the City and the Village of Falcon Heights in aecordance with the above pro- vision�, a copy of which Settlement. Agr�ement is attached here- ' ` to and incorporated herein by referenc� and �he proper City officer� are hereby authorized and dir�cted to transmit to the Village the City' s draf� in the sum of $�-9,939•37. � c$ o � O n 0 N � r JAl�� ��., ,., COUNCILMEN Adopted by the Council � 19_ Yeas Naya 6 ��7� Carlson '��'� _ �� Approve 19— Meredith � Tn Favor Pe�rsa� Sprafk� � Mayor Tedesco A gainst Mr. President, Byrne PUBLISHED JAN 101�7� � � � " ��l , �� ,� SETTLEMENT AGREEMENT The parties to this Agreement are the City of Saint Paul (hereinafter called " City of Saint Paul" ) and the Village of Falcon Heights (hereinafter "Falcon Heights" ) . WHEREAS: A. Saint Paul and Falcon Heights entered into an Agree- ment authorizing the interconnection of public sewers between the two municipalities; B. Repairs to a combined sanitary sewer and storm sewer line located within Saint Paul and known as the Arundel Street Sewer were made �ursuant to a contract let in 1967 : C. A dispute exists as to the nature and extent of the obligation of Falcon Heights to share in the cost of said repairs; D. Saint Paul and Falcon Heights wish 'co make a compromise, adjustment and settlement of any and all claims for reimburse- ment by Saint Paul in connection with said repair �job, sub�ec�, however, to any subsequent Agreement reached on this matter to which Agreement Falcon Heights becomes a party; E. Saint Paul and Falcon Heights are desirous that the Agreement herein shall in no way be considered a binding pre- cedent for a resolution of a similar claims in the future; . ', . '. F. Falcon Heights, pursuant to said Agreement between itself and Saint Paul pertaining to interconnection of public sewers, overpa.id sewer charges by the arlount of $56� 939. 37, which overpayment covers the period from July 1, 1g65 through June 30, lg6g; NOW THEREFORE, in consideration of the mutual covenants and promises hereinafter made, it is hereby agreed by and be'cween �aint Paul and Falcon Heights as follows : l . Falcon Heights shall share in the cost of the said repair to the Arundel �tree'c �ewer in the amount of �7 , 000. 00. 2. The remainder of the cost of said repair shall be borne exclusively by Saint Paul. 3. Falcon Heights and Saint Paul concur and agree that tne amount ot' �5b,y�y.3'( represents the I'ull a.na correct ret'unct due to Falcon Heights pursuant to the above referenced sewer Agreemen� between the parties hereto. �. S�int Paul may deduct the sum of $7,000. 00 from the above repayinent sum of $56, 939. 37 and Saint Paul shall pay the difference �hereof in the sum of $�9, 939. 37 to Falcon Heights . 5. Saint Paul and Falcon Heights shall enter into negotia- tions f'or the purpose of trying to reach agreement on the nature and extent of the obligation of Fa.lcon Heights to share in the cost of similar repairs to combined sanitary sewer and storm sewer lines located within Saint Paul . - 2 - � . I _ . - � i - �� 6. Falcon Heights may elect to become a party to any agreement reached by Saint Paul and any other municipality pertaining to the na�ure and extent of the obligation of that municipality to share in the cost of sirriilar repairs to com- bined sanitary sewer and storm sewer lines located within Saint Paul . . 7. If Falcon Heights becomes a party to any agreement reached in accordance with paragraphs 3 and � above, either Saint Paul or Falcon Heights, as the case may be, sha11 be reimbursed to the extent tha� the $7, 000.00 which Falcon Heights herein agrees to pay is inconsistent with the formula set forth in said Agreement for allocating such costs . Dated this day of January , 1970. In Presenee of: CITY SAINT PA By �r s i y er By ,� � �1 s missloner o u c orks Approved as to �'orr�: . /� ; �' Countersigned: (_� � �---�. � ,:2..,.� ,' ;�/; . sai,,�- an orpo�a, on ��unsel By � ,\ s y omp r o e r Approved as t� form and execu�ion this da,y of , 1�. VILLAGE OF FALCON HFTGHTS By Assistant Corporation Counsel bs Mayor In Presence of: By Its Village Clerk Approved as to form: � age orney , DUPLICATE TO PRINTER � CITY OF ST. PAUL � ��E Nca Nd. ���'����� OFFICE OF THE CITY CLERK COUNCIL RESOLUTION—GENERAL FORM PRESENTED BY COMMISSIONER DATF WHER�AS, The City of Saint Paul and the Village of Falcon Heights have entered int� an agreement pertaining to the authorization of th� in�e�°conneetion of public �ewers between ths two municipalities; and / WHER�AS, The said Village is entitled to reimbursement of the sum o�' $56,�39•37 represen�i� overpaymen'� for sewer charges for the period of Ju1y 1, 1965 thraugh June 30, 1g6g; and WHEREAS, The City and Villag� wish to settle and compro- mise the dispute arising out of repairs made by the C3ty to the Arundel Street Sewer and the parties ha.ve a�reed to the City receiving the sum of $7,000.00 from the Village as the Villages ' share of th� cos� of repaira to said Arundel Street Sewer; now, , there�'ore, be it RESOLVED, That proper City officers of the City of Saint Paul a.re hereby authorized and direct�c1 to execute, on behal� of the City, Settlement Agreement between the City and the Village of Falcon Heigh�s in accordanee with the above pro- vis3ons, a copy o�' which Settlement Agreement is attached here- to and inc�rporated herein by reference and the proper C3.ty �fficers are hereby suthorized and directed to transmit to the Village th� City' s draft in the sum of $�9�939•37. �:�t•�'y� ��� �°�',�w ;;�.;��. COUNCILMEN Adopted by the Council 19� Yeas Nays �:��, - �, ���if Carlson , ,-,,,,�,,;,,�, Approved 19— Meredith � .�1n Favor � � Mayor Sprafku A gainat Tedesco Mr. President, Byrne �