RES 1969-215 - 000102871194
RESOLUTION NO. 215 -1969
RESOLUTION REGARDING NSSSD DISTRICT FOR THE DISMISSAL OF APPEAL OF THE DISTRICT
TO THE SUPREME COURT
WHEREAS, the North Suburban Sanitary Sewer District (District) commenced an
action in Anoka County District Court against the City of Fridley (Fridley) in or about
September, 1969; and
WHEREAS, among the objects of that action was the recovery by the District from
Fridley of the sum of $173,750,00, and a request that the Court construe and determine
the validity of a certain contract between the District and Fridley, entered into on or
about January 8, 1964, and referred to as a "Supplementary Agreement "; and
WHEREAS, on February 27, 1969, the Court made and entered an Amended Judgment
construing said Supplementary Agreement, and adjudging that the District was not en-
titled to recover the sum of $173,750,00 from Fridley; and
WHEREAS, on May 28, 1969, the District appealed to the Supreme Court of the State
of Minnesota from said Amended .judgment; and
WHEREAS, the District and Fridley desire to resolve their dispute without
further court proceedings; and
WHEREAS, by Laws 1969, C. 449, the Legislature of the State of Minnesota created
the Metropolitan Sewer Service Board, which will, on or before January 1, 1971, acquire
the existing facilities of the District, and make payment for the current value of such
facilities by the issuance of credits to Municipalities within the District (including
Fridley) which paid part or all of the cost of such facility; and
WHEREAS, the District and Fridley agree that such credits are to be allocated to
and received by Municipalities within the District based upon the amount of money each
has paid for District facilities; and further agree that the assignment of capacity by
Fridley to the District does not constitute such a payment, nor entitle Fridley to such
credits based on any such assignment; and further agree that said Supplementary Agree-
ment and the Amended Judgment with respect thereto do not alter or affect in any way the
term of this understanding and agreement as contained in this resolution, and that except
as hereinbefore and hereafter specifically set forth the terms of this understanding as
contained in this resolution shall not be construed to limit or modify any rights and
obligations of Fridley or the District, its successors or assigns, which exist by virtue
of the Supplemental Agreement and the Amended .judgment of February 27, 1969, pertaining
thereto; and
WHEREAS, based upon the recitals in this resolution, the District has authorized
and directed its attorney to enter into a stipulation on behalf of the District to
dismiss its appeal from said Amended Judgment, upon the adoption by the City Council for
the City of Fridley of this resolution and the recitals herein;
NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Fridley, that
this resolution and the recitals herein are hereby adopted, and the attorney of the City
of Fridley is authorized and directed to forward a copy of this resolution to the
District, and to enter into a stipulation on behalf of the City of Fridley to dismiss
said appeal of the District to the Supreme Court of the State of Minnesota.
PASSED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 15TH DAY OF DECEMBER, 1969.
AY
ATT EST
CITY CLERK -, MAT-win C. Brunse T�