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186249Original to City Clerk PRESENTED BY COMMISSIONER CITY OF OFFICE OF TF ICIL RESOLUTN Council File ' No. 186249 By Milton Rosen— Whereas, Whereas, There are it the lSresent time two lawsuits pending, entitled, Elmer Seaberg and Borg & Powers Furniture • Company, Plaintiffs, vs. Board of .Water Commissioners of the City of :Saint Paul, Minnesota, and the City of 'Saint Paul, Defendants; - and Borg :& Powers Furniture Company of Saint Paul, Plaintiff vs. Board of Water Commissioners of the City of ,St. Paul, Minn. and the City of Saint Paul, De- fendants; both' suits. alleging damage c2used;h3Rt.hr.!adlc�;??rh a oa NO. 1%249 WHEREAS, there are at the present time two lawsuits pending, entitled, Elmer Seaberg and Borg & Powers Furniture Company, Plaintiffs, vs. Board of Water Commissioners of the City of Saint Paul, Minnesota, and. the City of Saint Paul, Defendants; and Borg & Powers Furniture Company of St. Paul, Plaintiff, vs. Board of Water Commissioners -of the City of Saint Paul, Minnesota, and the City of Saint Paul, Defendants; both suits alleging damage caused by a'break in the water main on Eight Street, between Minnesota and Robery Streets on January 21 1957; and WHEREAS, numerous negotiations have been had with counsel for plaintiffs and a tentative settlement figure of $15,500 has been agreed upon; and WHEREAS, the Board of Water Commissioners, under date of February193, 1955, adopted a resolution authorizing settlement of both of these proceedings in full for the amount of $15,500; be it RESOLVED, that the City Council "concurs in such settlement --� and hereby authorizes the proper City officers, upon obtaining proper releases approved by the Corporation Counsel, from plaintiffs in both actions, to make payment in the sum of $159500 to the plaintiffs. COUNCILMEN Yeas Nays DeCourcy/ Holland Mortinson Peterson Rosen Winkel Mr. President, Dillon sm 6.66 2 11Tn Favor 17 Against Adopted by the Coufli B 9 ( 14 _195— FEB 2 01958 Approved 195 — r2 _(a , Mayor :r 186249 Duplicate to Printer ` CITY OF ST. PAUL COUNCIL NO. OFFICE OF THE CITY CLERK COUNCIL RESOLUTION - GENERAL FORM PRESENTED BY COMMISSIONER DATE WHEREAS, there are at the present time two lawsuits pending$ entitled, Elmer Seaberg and Borg & Powers Furniture Company, Plaintiffs$ ors. Bogard of 'Water Commissioners of the City of Saint Paul, 1dinnecota, and the City of Saint Paul, Defendants; and Borg & Powers Furniture Company of St. Paul., Plaintiff.. vs. Bo rd of dater ComaIissioners of the City of Saint Paul, Minnesota$ and the City of Saint Paul$, Defendants; both shits alleging damage cwused by a break in the water main on Eight street, between Minnesota and Robery Streets on JRnuary 2$ 1957; and T4HFRFjkS, numeroas negotiations have been had with counsel for plaintiffs and a tentative settlement figure of *15$500 has been agreed upon; and VIRFIRZAS, the, Bo -rd of Water Commissi.onere$ under date of Februaryl% 1958, adopted a resolution authorizing settlement of both of these proceedings in full for the amount of 015,500; be it RESOLVED, that the City Council concurs in such settlement and hereby authorizes the proper City officers, upon obtaining proper releases approved by the Corporation Counsel, from plainttffs in both actions$ to make peyiaent in the sum of 015$500 to the plaintiff a., COUNCILMEN Yeas Nays DeCourcy Holland NxMbeft Mortinson Peterson Rosen Winkel- Mr. President, Dillon 8M 6 -66 ,2 Tn Favor Adopted by the CF' sl 2 0 1958 195— FEB 2 0 1968 Approved 195— Mayor CITY OF ST. PAUL OFFICE OF THE BOARD OF WATER COMMISSIONERS RESOLUTION— GENERAL FORM PRESENTED BY COMMISSIONER ........._��''n:......L`__'.... _ DATE....._... NO.----- - - - - -- M* them , e st at tbo retka t ti � lay o t panding,w ont tleds 91 r ea erg, a> Borg &Viers Furbit a a , Plaintiffs* vso ftard- of -flater Co =I-sa .onora € ' the My .6 SaLnt. Paul# Manesotat and the City of said Paul# Dendaotsa and B*r & - Poww. a:. FAMALture com y- of St.: Paul,: PlAntli -o vs. Board of Water died oner cif the My o a L t ftulw giiisnasAao and the City of i oUt. Paul* Defe anto and M_* this Board Is Info= t Corporation Counsel that na rou a� Otiationa have boa rt had with too oouel, for the pla :lt e't, and that a tentative; settlement lsure bas been lsgreed: upon In the -s of l' ,5W and t obt 'nV of tho. proper kelea a m. the leant s In both a not # Theraforeo be it RMLYM, That 010 Soardt oo. the . xvc or da -1 Of, the Coxporation Coumol and u. pon-, al the ftl . records d oce a the e a o d�aea . hereby .:aut i�o o a nd direst that both of those eotlons bay settled f the full alum of, $15s5 * and the prplper leases be, obtained from the 'Plaintiff's In each ectfono Water Commissioners Adopted by the Board of Water Commissioners Yeas Nays . �9, --------------------------------------- - - - - -- ---------- - - - - -- 195.. In favor------ - -_ - -- Opposed - - - -- --- - - - - -- ---------- ��� = @ ASST. SECY.