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241913 ORIGINAL TO CITY CLBRK � . � 241�13 �� CITY OF ST. PAUL FOENCIL NO. OFFICE OF THE CITY CLERK ,� CO CIL SOLUTION—GENERAL FORM �, ( b( PRESENTED BY � COMMISSIONE DAT J RESOLVID, That this Council hereby approves and concurs in the Resolution of the Board of Water Commissioners of the City of Saint Paul, dated January 22� 1969, providing therefor and authorizing the said Board's retention and employment of John J. Kenna, a licensed realtor, as appraiser and negotiator for the Board of Water Commissioners in matters relating to the relinquishment of easement or other interest or title in and to lands now in the possession or under the control of the Board of Water ComrrLissioners and in matters relating to the acquisition of easement or other interest in or to lands which are necessary for the extension of the waterworks system of said Board. A certified copy of Board resolution and a copy of said forrri of agreement is annexed hereto and by this reference incorporated herein the same as if set forth verbatim� and that said proposed agreement hereby is approved and the execution of same by and in behalf of said Board is here�y authorized. 2 81969 COUNCILMEN Adopted by the Co��Ci —19— Yeas Nays �a� z 81969 Carlson Dalglish ' Approve� 19— Meredith � _�n Favor . rao Sprafk2 � Mayor Tedesco Against PUBLISHEi FEB 1 1969 Mr. President, Byrne �� j � ' CITY OF ST. PAUL No._ a� OFFICE OF THE BOARD OF WATER COMMISSIONERS ���r RESOLUTION —GENERAL FORM � ��; PRESENTED BY �i�+�+ Js�tt�t 22� ��b9 COMMISSIONER — DATE ���VL�C� WHEREAS! The t�eneral Manager has reeom�ended tHe ret�stiqn o! Mr. Joha J. Kenna as apprai�er and ne�rotiator !or the Board oi water Co�aiasloaers in matter�► relating to the r+�linquistemen�t oY ease�nent or other interest or title fn aad to land� n0w in the posRession or under the eontrsl o� the Hoard o� Kater Coeusirsionere and in matters relating to the aoqu�,sition oi ea�eaeat or other fntere�wt in or to land� whioh are neoeesary tor the esteasion oY the waterxorke �ystem of �aid Board, and has pr�sented a form of agreement in the premf�s�s whivh is actoeptable ta P4r. Kenna, a aopy o� xhich form is anneaed hereto and Dq this reierenae lnearp�rated here�n the sane ae if set forth herein eerbatim; and the aeneral Manager's recom�endation fn the matter e�d the e�ployment oY Mr. Ke�na in �►eQOrdanoe w3t2� the provisions eet tort� in raid f�rm oi eoatra�t being agreeable to the Board; naw, therefare, be it �tESOLVED, By the Board oi Water Commissianers, that the retention of Mr. Kenna ior the purpo�es atoresaid shall be and her�by ia approv�d and that tlae proper ofYicers of the Board ahall be and they h�reby are authori�ed and direoted to eseaute aaid �orm oY sgreement on behalf of the Board; be it FURTHER RESOLYED, That a aertified copy oY the�e proveedings xith said form ot agreement annteged be transmitted to the City Counoil and that that honorable body be and it hereby is requested ___�eQ_SIlIZTAY[� and. rn+i �t+� _�t�,.�n -� • -_ _—r_��-_ _-- - ------_.. _ -C�1�11t�.SBf.0I1� t' oY eaid State of Minnesota � County of Ramsey ss. City of Saint Paul I, P. J. Clarke, Assist Secretary of the Board of Water Commissioners of the City of Saint Paul, do hereby certify thfat I h ve compared � ove copy of a resolution of the said Board as t adopted by the Board on C 4� , with the original thereof on file in my office and that said is a true and rect py of said original and the whole thereof. 'tne s the se o the Board of ater Commissio � of Saint Paul this day of , A . 19 . /� L/ A esistant Secretary � � Adopted by the Board of Water Commissioners Yeas Nays dat�ssy 22 196 A ��,�,�h — — P�t�� P=►�sid�t �pa�atlaa !_ In favor 3 Opposed � �— �° ASST. SECY. 1M DUPLICATE TO PRINTER � N����� CITY OF ST. PAUL �LENCIL NO. OFFICE OF THE CITY CLERK COUNCIL RESOLUTION-GENERAL FORM PRESENTED BY COMMISSIONER DATF RESOLVID� Th-zt this Council hereby approves and concurs in the Resolution of the BoArd o� Tiyater Comrnissioners of �the City of Saint Paul� da,t,ec1 Janurtry 22� 1969' providing therefor and authorizin� the said Boa.rd�s retention anci employment of John J. Kenna� a lxcensed r��,ltor� as appraiser and negotiator for the Bo:�.rd o�' Water Commi�sioners in m-�tters relating to the relinguishmant of e�.sement or other a.nterest or title in and to lands no�r in the possession or under the aontrol of the Boarcl of Water Commi.ssianers �,nd in m��tters rel��.t3.n� to the acquisition of e�sement or other int�rest irz or to lands which are necessary for the extension o� the waterworks sy�tem of saicl Boar�d.. A certi�'ied copy of Board resolution and a copy of saici form of agreement is annexed hereto and by this reference incorpora�ted herein the saxne as if set �or°th verbatim� �n.d th�t .saicl proposed agreement hereby is approved and the e�ecution of sar�e by and in beh�.lf of said Boe,rd i� hereby author�.zed. ����� '� ���� COUNCILMEN Adopted by the Council 19— Yeas Nays ����a �.� . � !,'�h�'� �;;�.,,, Carlson Dalglish � Approvec� 19— 7 Meredith _In Favor Sprafka � Mayor A gainst Tedesco Mr. President, Byrne O , _ � - � . � � - - . . � �/ �/� PftOFESSIONAL SER.VICE AGREEMENT THIS AGREEMENT, made the 2nd day of January, 1969, by and between the BOAR.D OF WATEft COMMISSIONERS of the City of Saint Paul , hereinafter called the "Board" , and JOHN J. KENNA, a professional and licensecl realtor and real estate dealer with offices at 821 Commerce Building, Saint Paul , Minnesota 55101, hereinafter called the "Realtor" , WITNESSETH: WHEREAS, The Board is, and for an appreciable period of time heretofore has been, engaged in the acquisition of real property and easements in real property situated in the Counties • of Anoka and Ramsey, in the State of Minnesota, for the extension of its public waterworks system, and other currently contem—� plat.ed extensions of the same, and therein the Board requires and will for an appreciable time in the future require professional realtor services to be performed in its behalf at the direction of the General Manager of the Water Department of said City, involving appraisals of the subject property, together with negotiations toward acquisiti.on by the Board by purchase or by eondemnation of such required property, and other reasonably necessary incidental professional realtor services, including court appearances either as witness or as an expert in real estate matters ; . NOW, THEREFORE, BE IT AGREED,. by the Board and the Realtor, Yor the consideration hereinafter named, as follows : . 1. That the Realtor agrees to perform said professional services, under the supervision and subject to the direction of said General Manager, involving appraisals of the subject real property and easements in real property located in one or more , , , . of said Counties and due report thereon, and the conduct , subject to the Board' s ratification of negotiations toward the purchase or condemnation of property, and additional professional realtor services necessarily incidental thereto, connected with one or more of such matters , including court appearances aforesaid, during the period commencing as of the date of this agreement and continuing to and terminating at end of day, 31 December 1969. . 2. That the Board agrees to pay the Realtor for such _ professional services, as fee of �25. 00 pe'r hour but not to exceed �125.00 for each day during which said professional services � shall be performed by the Realtor hereunder and in accordance with the provisions , terms and condition.s hereof; and that the Realtor agrees to accept payment of fees so computed, by the . Board, as full compensation earned and to be earned by the Realtar in the performance of such professional services , here- under. 3. That additional to �the aforesaid fees for said pro- fessional services, the Board agrees to pay the ftealtor reimburse- ment of the Realtor' s transportation .expense therein necessarily incurred, computed at the rate of 7-%2 cents per mile of automobile travel in and by automobile owned or furnished by the Realtor and necessarily incidental to the performance of the � subject professional services hereunder. 4. That this agreemen.t and any employment of the Realtor by the, Board hereunder shall be subject to cancellation and termination, at all times , at the option of either party, by � written notice to the other party by registered mail . " � 5. That the Realtor shall submit to the Board for its payment , adequately detailed written invoices reciting the � 2 • r professional services performed and expenses incurred by the ftealtor hereunder; that each such inyoice shall be subject to audit and approval by said General Manager; and that in the aggregate, the liability of the Boar� hereunder shall not exceed the sum of Five Thousand Dollars (�5 ,000.00) . Said written invoices shall be submitted not later than the fifteenth day of each mon�h following a month in which any said services have been performed or automobile travel expense incurred; and each said invoice shall recite and include all said services performed and automobile travel expense incurred ' in the preceding month. � IN WITNESS WHEREOF, the Board and the Realtor have executed this Agreement as of the day and year first above written. In Presence Of: BOARD OF WATER COMMISSIONERS OF - THE CITY OF SAINT PAUL, MINNESOTA � . � ,�.� Ro rt F. r , re Harry E N:ars , Secrel;ar JOH1�T J. KENNA, REALTOft . By John J. Kenna Appro d as t% �,Orm• APPR.OVED: . / c..� A ant Cor or i ounsel . Cli rd �. amblin, General Manager � . . Approved as to form and COUNTERSIGNED: executi this Z°L day . of . , lg . Joseph J. Mitchell , City Comptroller � Assist Corpo��. ' on ounsel 3 •