City Council Agenda and Packet 1982 01 05

Home Browse Search

. 1/4/82 Page -2- of the agreement provides that "Any delay beyond the terms of this time table, unless specifically approved by the City Council, will be considered a failure to proceed expeditiously and shall be deemed a material breach of this Agreement for which the provisions of section 3(c) and Sections 33 and 34 of this Agreement shall apply." I'm enclosing a copy of Section 3 (c) and also sections 33 and 34 which are the provisions that cover the breach of the Agreement. Section 33 provides that the Council, for any violation of the pro- visions, penalties shall be chargeable to the letter of credit and/or performance bond described herein as follows : What that basically says, as you will see from the copy, is that unless Council extends the time table they shall pay a $200 a day charge for as long as the deficiency continues upon demand of City Council. I suppose in all fairness they should receive, if the Council feels obliged or wish to do so, they might ask that the City Attorney write a letter of demand on behalf of the Mayor and City Council invoking that. In terms of the number of days, I suspect that should be recom- mended by the City Attorney, but it protabiy ought not be less than 10 o' more than 30. Anyway it appears that we need to do something to get them going. . I have had a number of complaints in the past two weeks that service hasn' t been provided and that is the first time that I have had any com- plaints about the Cable TV Co. from anyone. B. Susan Johnson - Leave Request. Our personnel code provides that I can authorize up to 11 days of additional leave. Anything over and above this must be ap- proved by the Council. That is why this request appears before you. The same on the following item 7. C. Alice Barnes - Leave Request. Same thing applies. D. Town of Superior - Sewer Agreement. The 'ewer agreement was distriLuted with the packets . E. Town of Superior - Water Agreement. A copy of this enclosed. This is something new - it incorpor- ates, according to their attorney, most of the items that were requested in our rough draft earlier. I haven' t hed any oppor- tunity to review the Water Agreement. I hope to do it before tomorrow night. If I'm not able to accomplish that we will probably have to defer action on this until we have an oppor- tunity to review the Agreement in depth. Item 8. Council comments and committee reports. Item 9. Approval of the Bills. Item 10. Adjournment