Laserfiche WebLink
1.78 6/3/47 <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.