The URL can be used to link to this page

244322 , ORI6INAL TO CITY CLBRK ��V!_{, • CITY OF ST. PAUL couNCi� � � "'�'�' OFFICE OF THE CITY CLERK FILE NO. COU IL ESOLUTION—GENERAL FORM PRESENTED BY COMMISSIONE DATF WHEREAS, The State of Minnesota condemned certain land owned by the City of Saint Paul and used for a cinder, sand and salt storage yard by the Department of Public Works; and WHEREAS, The City and State agreed to compensation for the City' s interest in the land so acquired in the total sum of Seven Thousand Six Hundred Dollars (�7,600.00) , which sum has been deposited by the Comptroller into Suspense Fund (Trust Account 5060) , the settlement being approved by Council resolution numbers 234842, 234843, 234844 and 234825; and WHEREAS, The Departmen.t of Public Works requests the transfer of the aforementioned funds from the Suspense Account to the Public Works Real Estate Fund; and the Corporation Counsel , by opinion dated May 20, 196g, (a copy being attached hereto) states that the sum of Seven. Thousand Six Hundred Dollars (�7, 600.00) was paid to and accepted by the City in exchange for its interests in the lan.d so condemned; now, therefore, be it RESOLVED, That upon due application made by the Department of Public Works, the proper City officers are hereby authorized and directed to transfer the sum of Seven Thousand 9ix Hundred Dollars (�'7,600.00) from Suspense Fund (Trust Account 5060) to Public Works Real Estate Fund (3230) . FAR APPRO.. s t. Cor 'or� JWN � 1969 COUNCILMEN Adopted by the Councii 19— Yeas Nays ��r� ^� 1�� Carlson ,�� Approved 19—_ Meredith �J In Favor � Peterson Sprafka � Mayor Tedesco A gainst �r:.Pxesi,de�t,-By.xne`..�j ' •MY. `�1�IC� i'L'�'.yi�i�tlf ...'•y•••••••••••• PUBLISHE� J�� 1`i 1959 0 � � � Arua Code 612 �``Y °E• PAUL J. KELLY Z23-5121 �`�a� u ; THOMAS J. STEARNS � �' '� JON R. DUCKSTAD �.>,._.:,..:.. 1 0..:7::�qy .. qRTHUR M. NELSON �>�, :s=:�' ,;` 244��2 JEROME J.SEGAL THOMAS M. MOONEY ROBERT E.O'CONNELL J/�MES W. KENNEY First Assistant CITY OF SAINT PA�UL KENNETH J. FIRPATRICK PAUL F. McCLOSKEY,JR. DANIEL A. KLAS LOUIS E.TORINUS Special Assistant LEGAL DEPARTMENT JOSEPH E. CARTWRIGHT 316 City Hall, St. Paul, Minnesotn 55102 JOSEPN P. SUMMERS Corporation Counsel May 2�� 1969 Honorable Joseph J. Mitchell City Comptroller. 109 City Hall Dear Sir: In reference to your letter of April 7 , 196g, requesting opii�.ion from this office concerning the question of whether the property acquir. ed by the State of Minnesota in 196� and in which the City is in receipt of �6, 000 is property belong— ing to the Public Works Department . I am in receipt of a letter dated riay 16 from the Cotnmissi.oner of Public Works in which he informs me that the land acquired by the State of Minnesota was used by the Department of Public Works for many years as a cinder storage yard and a storage yard for san.d and salt . References are also made to the sum of �1 , 600 which represents final settlement between the state and the City concerning this same real property, and it is my recommendation that the full amount of �7 , 600 be properly credited to the Department of Public Works. You further ask if the Department of Public Works is legally entitl.ed to these funds. I have discussed this matter with Mr. Clemens J. Schleck, Chief Accountant of your department , and he informs me that there was some question concerning the legality or title of the property at the time of acquisition. This land was previously. forfeited to the State of Minnesota for nonpayment of real estate taxes . The City of Saint Paul , by use estate deed no. 45603, received what is commonly referred to as a use estate from the State of rlinnesota pursuant to Niinnesota � Statutes Section 282. 01. The use of the land by the City was restricted to that of cinder yards. I have examined the condemnati.on files in the District Court , and these records disclose that t;he S1;ate of Minnesota condemned the City of Saint Paul ' s interest in parcels 16, 17 , 18 and 19 and that the award made by the commissioners was �for that interest . Subsequent to tYie award made by the commissioners in the condemnation, the S1;ate of rfinnesota filed an appeal therefrom, and the state and City agreed � „ A I L Honorable Joseph. J. Mitcl�iell -2- May 20, 196g and stipulated �o an asvard to be rnade to the City of Saint � Paul as full sel;tlernen�L of its claims ai�.d title �;o this � � property. I refer you to Council File Nos. 234842-234845g�� 5 dated August 30, 1967, whereUy the Couiicil of the City of Saint Paul approved the stipulation for settlement between the City and the state in regard to the taking of the City' s interest for the property referred to above. It is my opinion that the condemnation and settleruents in this regard in the total sum o� �7, 600 was compensation for the interests of the Ci�;y of Saint Paul in the tax-forfeited land and does not belonb to or is not the property of the State of Minnesota. I wish to make on.e further recommendation that the City Council adopt a resolution authorizing the transfer of the funds from the "Suspen.se Furid" (Trust Account 5060) into the proper account as recommended by your office and the Departmen.t of Public Works. Inasmuch as the fun,ds have been held by the City for almost two years and the settlement , having been approved by the City Council by its resolution, . it would appear appropriate that the City Council n.ow designate the proper fund into which the funds should be deposited. If I may be of further assistance, please feel free to call . I remain Yours ry truly . Jer�''me J. Seg� Assis ant Cor oration Counsel JJS�mla � cc: Commission.er Robert F. Peterson Department of Public Works Mr. Clemens J. Schleck Chief Accountant Comptroller' s Office Mr. James F. Schwartz Accountant Department of Public Works DUPLICAT6 TO PRINTER CI 1 1 OF ST. PAUL COUNCIL �� OFFICE OF THE CITY CLERK FILE NO COUNCIL RESOLUTION—GENERAL FORM PRESENTED BY COMMISSIONER DAT° ��s��;.T��.;�, ��e :�ta�e oi Iy�an��.e;:�o�a co�a�€er�r,e3 cea•tai� �A11(� owx��;� b� tl�e City oi ��ira.� I:aul a°��:x�? �a�e�r �oY ;.a c�.n,3�er� �anci a�.c� �txlt ��ox.:��r �:�axc� ?3y t�a�: :��a�t�e��t o�: :�'�,:�la.c `:�or��:.; ��ci. ;;;�;'T��', �.C�.� �'it� rza�€� ,�t�te a�ree� to �o�perz�ati�r�a �c�r �i;�.L Cit�,r' s i�.t�r��t i�2 t�z�: Irz:r�.c� so acruire� in th� t¢�taa su�z of :��ven Tk�ousa�z�z..c� N�..� ��ur�cX�e�� l�ollzzr� (:`r?,b00.0�1} � 3r?�iel� sum has bee�. cde��ite�� i�e g�o��traller ��to 51a��cns� F�.ar�i� �'�'rust f"��cou�� 05C� , ��.A �e;a.tle��e��t beiai� a,�I3roveca by �o�.neil r�so�u�i�r. �a,��-a ��f��1��, �3�fE3't3, `?�l}�1}1f. �Z1+� ��t.��::?`y �.ncl ��:t°��'��,.", fr�e w��art�€:.�t of �'ublic ?°ror'�1� r�;que�t� tk�e • t�;.za�'�:� r�:� �,a;.c �:af�rc�rcnt�onec? �L4IYf;t� �'�os� �&;�;.�; ��;��rx�;��;,s� ;1c�coaan.t to �tie ��r�b�.i� �,�:'�ca�:�� .e�,l ��+��te ��xn�; �.�.c:i t.E:�.e �;o�°��aratio��. �a�zi�.se1, ?s5r r�;?a.ni�iz c:s�,�te��. Pfay �Q, �.�69, (�� o�� b��a.� a�taeziec3 �-��reto) �;��:��c�: �Y�L�t tti�; ��.tt� o� Seven T�.oi�.s�a��. tiia��: ':;`�,�nc�r�c�. ::��a?�.rs (�„`�'T g��0.�J�j �E�a� 'c�:a:ict to a�.::i �,cee�l:�i1 �y ti�e Cxi;y i� [.':�iC�lc'�Y2�C�`' ��Y' 7.�'i�i 1I1�,E'.Y'f;u�i8 �.'�2 j'i��v �.i�11Ci alCl 4:C�Y3�:�.'v''Y�.C:a j 3.2Qi�'f t�e��f�:�°e, ;.�L :i�;th �.��:;;��,;T�;�.i, ��'h�,�; u�U�. c�ue a�r4��.aca�ac�:�� x��z� l�y t�ae �➢epa�tment o� �'�la�a.c f;:'o�,��, the p�o�er Li.ty a��ie�x•s ax•e h�reb�' c1L1�'i�zorize� ;2'L'(i C��"�°.'."�F�v� �i0 tra�.�:��:r '�i�lf: £3�.d5'�1 O� .i�'d'61r11 �.'�1A3a�uTl.ti S7.X �lU31C�:C(.'4�. i�ol3ar.� (,;.i-`7, ��00.�{�y 1'xo� S�asp�n�e �'un�t �`�xu�i: :lc�ount 5U6a) to r�uali� �:��nr�.� �t�al �{.state �{'uzi�i (;i230) . COUNCILMEN Adopted by the Council ' 19— Yeas Nays Carlson �� Approved ' 19-- Meredith _1n Favor Peterson Mayor Sprafka � Tedesco A gainst �°Mr.'President, Byrne , O