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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�