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<br /> MINUTES <br /> <br /> City Council <br /> (Cont'd.) <br /> <br /> I'ebruary 13, 1950 <br /> Attorney Parks stated that if the City requires a hold harmless in <br /> order for the fill permit to be granted, if someone sues the City <br /> and Mr. Hammond, Mr. Hammond accepts the City's zesponsibility in the <br /> suit. <br /> Mr. Folz stated that if the City would clean out the holding pond and <br /> the ditches, this would resolve a good deal of the drainage problems in <br /> the area. <br /> Mr. Folz stated that there will be no filling along the west side of <br /> the Hammond property. <br /> Councilwoman Scalze stated that she felt a hold harmless agreement <br /> being required in Mr. Hammond's case was discriminatory. Scalze <br /> stated that none of the other homeowners in the area were zequired <br /> to grant the City a hold harmless agreement before they were allowed <br /> to build. Councilman Fahey stated that at the time others built in <br /> the area, the City was not aware of the drainage problems in this area. <br /> Councilman DeBace asked Mr. Folz if he felt the hold harmless agreement <br /> would be a problem. Mr. Folz stated he didn't think so, as long as <br /> the language is definite so that all parties know what is involved. <br /> It will be up to Mr. Hammond to decide if he wants to grant the hold <br /> harmless in order to obtain a fill permit. <br /> Mr. Fahey introduced the following resolution and moved its adoption: <br /> RESOLUTION N0. SO-2-69 - APPROVING THE LAND FILL PERMIT <br /> REQUESTED BY MR. HAMMOND SUBJECT TO THE FOLLOWING: THAT <br /> THE APPROPRIATE EASEMENTS ARE GRANTED TO THE CITY GRATIS <br /> FOR THE POND AND EASEMENT AREA RUNNING FROM THE POND TO <br /> COUNTY ROAD B-2; THAT MR. HAMMOND AND HIS HEIRS EXECUTE A <br /> HOLD HARMLESS AGREEMENT IN FAVOR OF THE CITY PROTECTING <br /> THE CITY FROM ANY DRAINAGE PROBLEMS THAT NIAY BE CAUSED TO <br /> THE LAND OWNERS TO THE WEST AND EAST OF THE HANMOND PROPERTY <br /> FROM THE FILLING OE' THIS PROPERTY; AND THAT THE CITY ATTORNEY <br /> MEET WITH MR. HAMMOND OR HIS REPRESENTATIVES TO WORIC OUT A <br /> SATISFACTORY HOLD HARMLESS AGREEMENT AND EASEMENTS <br /> The foregoing resolution was duly seconded by Mr. Nadeau. <br /> Ayes (5) Fahey, Nadeau, Hanson, DeBace, Scalze. <br /> Nayes (0). <br /> Resolution declared adopted. <br /> This resolution appears in Resolution Book No. 6, Pages 42 and 43. <br /> Page -5- <br /> <br />