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 •