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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
January 14, 2008

The city council of the city of Grand Forks, North Dakota met in special session in the council chambers in City Hall on Monday, January 14, 2008 following the committee of the whole meeting with Mayor Brown presiding, pursuant to call by Mayor Brown, which was served on all members. Present at roll call were Council Members Brooks, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun (teleconference) - 7; absent: none.

CONSIDER MATTER OF PROPOSED SETTLEMENT
OF PENDING LITIGATION

Howard Swanson, city attorney, asked that the council concur that they approved the settlement and authorized appropriate city officials to sign the necessary settlement agreements and other documents in which the City of Grand Forks would receive the sum of $1.2 million in exchange for a full and final release of all claims with respect to the Grand Forks Wastewater Treatment Plant, the parties to that agreement would include KBM as the design engineer, John T. Jones as the contractor, EAPC as the sub-consultant. In addition to those terms the funds would have to be paid within thirty (30) days of the date the council approves it; there is a payment by the City of Grand Forks to KBM in the total amount of $25,000, that represents payment for additional fees and services that were obtained by the City from KBM from April 3, roughly, to December 12, 2003. He noted that generally outlines the terms of the agreement, it is a full and final settlement of all claims, known or unknown, with respect to the Plant. Under the circumstances, it is his recommendation that the council approve the settlement.

Council Member Gershman moved and Council Member Brooks seconded the motion as recommended by the city attorney. Upon call for the question and upon voice vote, the motion carried 7 votes affirmative.

ADJOURN

It was moved by Council Member Gershman and seconded by Council Member Brooks that we adjourn. Carried 7 votes affirmative.

Respectfully submitted,



John M. Schmisek
City Auditor

Approved:
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Michael R. Brown, Mayor