<br />Chairman Utley of the Publi'c Utilities Committee reported as follows:
<br />"T*fI"E3 OF THE HEEXING OF THE PUBLIC UTILITIES
<br />COMMITTEE OF THE EDINA VILLAGE COUNCIL, HELD AT
<br />8:OO PEL 9 TUESDAY, JUNE 3, 1947, IN T!B EDINA '
<br />?I'IEI&GE HALL'l
<br />llAllnenibers of the Fkblic Utilities Committee were present, with
<br />himan Utley presiding,
<br />I1The Comittee met at the Village Hall, June 3, 1947, to receive the
<br />report ofthe Chairman, the Specid Village Counsel, and Karl Schmidt,
<br />Consultant, with reference to past and current negotiations for the
<br />purchase of water and sewer systems from the Country Club District
<br />Service Company; said matter having culminated immediately prior to
<br />the comencenent of the trial on the water rates case. -
<br />IIMeesrs, Schmidt and Hoore were present.
<br />1lAfter full discussion, lek. Hawthorne moved, seconded by Hr. ITillson,
<br />that the recommendations of the Chairman of the Codttee, Counsel,
<br />and Consultant, that the water and sewer Systems be prchased from
<br />the Countq Club Distzict Service Company and Qscar Gaarden as pre-
<br />sented to the meeta& be accepted, and that said purchase be favorably
<br />recommended to the Village Council for acquisition according to law.
<br />Notion passed Unanimously,
<br />llHotion by Hawthorne for adjourainent IELS seconded by Child and carried.
<br />Respectuflly submitted,
<br />H.C.Utley, Chairman
<br />public Utilities Conmtitteetl
<br />Hawthorne moved, Utley seconded, and motion vas unanimously carried, that
<br />written offer of the.Country Club District Service Company and Oscar Gaarden
<br />dated June 3, 1947, be written into the Wnutes of this Xeeting and made a
<br />part hereof:
<br />Wade this 3rd day of June, 1947:
<br />"For $1.00 and other valuable consideraticn, including mutual covenants,
<br />the undersigned Oscar Gaarden, sole stockholder of Country Club District
<br />Service Company, and Country Club District Service Company, a corporation,
<br />(by authority of a stockholders' meeting held this date) do hereby 5.r-
<br />revocably offer to sell, transfer, and convey all of the ri&V$ title,
<br />and interest of the Country Club District Service Company in and to all
<br />of its physical assets devoted to water utility purposes, free and clear
<br />of all Liabilities, as of June 2, 1947, including work and materials
<br />nor? under contract and construction, and also including servers, to the
<br />Village of Edina for the sum of $/35,000.00.
<br />"Said sum is understood to include $2,500.00 for materials, supplies, tools,
<br />office equipment, meters, stock, pipe fittings, etc., rvhich is to be h-
<br />mediately inventoried at cost and the CXfference between the amount of
<br />said jnventory and #2,500.C0 whether more or less, as the case may be,
<br />shall be added to or subtracted from the total sum of $135,000.00.
<br />'!Any improvements, additions, alterations or changes in or to said systems
<br />which may be required between this date and the effective date hereof
<br />shall be made and installed by the Service Company and payment made by
<br />the Village therefore in addition to the sum above mentioned, provided,
<br />however, that such improvements, installation, change or alterations shall
<br />first be approved by the Village Engineer.
<br />"As a part of this offer, if and when finally accepted, all pending liti-
<br />gation between the parties shall be dismissed with prejudice and without
<br />cost to either party. And, in addition, thereto, each of the parties
<br />shall execute mutual releases absol~gthe other from any debts, claims,
<br />or demands of any kind or nature whatsoever. It is further understood
<br />that if the Council resolves to favorably recommend the accerkance of . this offer, all pending litigation shall be held in status quo until
<br />after July 1, 1947.