182650 •
Original to City Clerk 1 826 50
CITY OF ST. PAUL
COUNCIL NO
OF E OF THE CITY CLERK
COUN 'ESOLUTION—GENERAL FORM
PRESENTED BY IAA /
COMMISSIONER . I i DAT
Council File No. i o--N7.,Mikan
Rosen—
Whereas. The Fidelity,' and CasualtY
Company of New Toxic, is the insurer
WHEREAS, The Fidelity and Casualty Company of New York,
is the insurer of Northern States Power Company, and
WHEREAS, said corporation, as insurer of the Power Com-
pany, settled claims and lawsuits against said Northern States
Power Company in amounts approximating $90,000, said claims and
lawsuits resulting from gas explosions in the City of Saint Paul,
and
WHEREAS, said Fidelity and Casualty Company of New York
commenced an action for indemnity and/or contribution against
the Andrew Tschida Construction Company, a corporation, which
Company was performing work under a contract with the City of
Saint Paul, which work the Fidelity and Casualty Company, in its
action against the Andrew Tschida Construction Company, alleged
to have caused or contributed to the occurrence of the aforesaid
explosion, and
WHEREAS, the Andrew Tschida Construction Company, defendant
in the action commenced by the Fidelity and Casualty Company of
New York, brought the City of Saint Paul into the lawsuit as a
third party defendant, alleging that the City, in the event the
Andrew Tschida Construction Company was held to be responsible
for the aforesaid explosions, would be liable to indemnify the Andrew
Tschida Construction Company for such loss as it might sustain
as a result of said lawsuit, and
WAEREAS, a tentative settlement has been reached, whereby
the Fidelity and Casualty Companyof New York would release the
City of Saint Paul and the Andrew Tschida Construction Company
from all claims it holds against either, arising out of the afore-
said explosions, and would dismiss its action, with prejudice,
upon payment to it of the sum of $6000.00, and
WHEREAS, the City, under the proposed settlement, would
be required to pay $2500.00 of the $6000.00 settlement figure,
now the.cef ore be it
COUNCILMEN Adopted by the Council 195_
Yeas Nays
DeCourcy
Holland Approved 195_
Marzitelli
In Favor
Mortinson
Peterson
Mayor
Rosen Against
Mr. President, Dillon
SM 2-57 2 ,:
t■
Original to City Clerk
CITY OF ST. PAUL COUNCIL NO. 189.650
OFFICE OF THE CITY CLERK
COUNCIL RESOLUTION—GENERAL FORM
PRESENTED BY
COMMISSIONER DATF
RESOLVED, that upon such settlement being obtaine. by
the Corporation Counsel, the proper City officers are her-by
authorized and directed to pay to the Fidelity and Casual y
Company of New York, the `sum of $2500.00.
COUNCILMEN Adopted by the Council MAY 7 1957195—
Yeas / Nays
DeCourcy MAY 7 lip
Holland Approve• 195-
Marzitelli
n Favor d .
Mortinson ^ _.Armes&
-Petersen (eJI A,:jng Mayor
Rosen Against
PUp,LISHED
MSMINNIIIMMIIIII
Mr. Vioc Pr lint (Pesersen)
5M 2-57 aalMp2
DuOrate to Printer 189650
CITY OF ST. PAUL FILE COUNCIL N9.
OFFICE OF THE CITY CLERK
COUNCIL RESOLUTION—GENERAL FORM
PRESENTED BY
COMMISSIONER DATF
WHEREAS, The Fidelity and Casualty Company of Web! York,
is the insurer of Northern States Power Company, and
WHEREAS, said corporation, as insurer of the Power Com-
pany, settled claims and lawsuits against said Northern tates
Power Company in amounts approximating $90,000, said claims and
lawsuits resulting from gas explosions in the City of Saint Paul,
and
WHEREAS, said Fidelity and Casualty Company of New York
commenced an action for indemnity and/or contribution against
the Andrew Tschida Construction Company, a corporation, which
Company was performing work under a contract with the City of
Saint Paul, which work the Fidelity and Casualty Company, in its
action against the Andrew Tschida Construction Company, alleged
to have caused or contributed to the occurrence of the aforesaid
explosion, and
WHEREAS, the Andrew Tschida Construction Company, defendant
in the action commenced by the Fidelity and Casualty Company of
New York, brought the City of Saint Paul into the lawsuit as a
third party defendant, alleging that the City, in the event the
Andrew Tschida Construction Company was held to be responsible
for the aforesaid explosions, would be liable to indemnify' the Andrew
Tschida Construction Company for such loss as it might sustain
as a result of said lawsuit, and
WHEREAS, a tentative settlement has been reached, whereby
the Fidelity and Casualty Companyof New York would he
City of Saint Paul and the Andrew Tschida Construction Company
from all claims it holds against either, arising out of the afore-
said explosions, and would dismiss its action, with prejudice,
upon payment to it of the sum of $6000.00, and
WHEREAS, the City, under the proposed settlement, would
be required to pay $2500.00 of the $6000.00 settlement figure,
now therefore be it
COUNCILMEN Adopted by the Council 195
Yeas Nays
DeCourcy
Holland Approved 195_
Marzitelli In Favor
Mortinson
-12eoir- Mayor
Against
Rosen
Mr. President, Dillon
5M 2-57 2
Duplicate to Printer 96
-
CITY OF ST. PAUL FILE
Ni(:).
OFFICE OF THE CITY CLERK
COUNCIL RESOLUTION—GENERAL FORM
PRESENTED BY
COMMISSIONER__ DATF
RESOLVED, that upon such settlement being obtaine by
the Corporation Counsel, the proper City officers are hereby
authorized and directed to pay to the Fidelity and Casualty
Company of New York, the sum of $2500.00.
I
I
COUNCILMEN Adopted by the Council MAY 1957 195
Yeas Nays
DeCourcy .;,1 }y ps7
Holland Approved 195_
Marzitelli
In Favor
Mortinson
Mayor
Rosen Against
"PreS enii;Dillon
SM 5-37. V r M zt (?upe,uC