HomeMy WebLinkAboutRES NO 2-19 RESOLUTION NO. 2-19
RESOLUTION AUTHORIZING SETTLEMENT.
0F SUIT N0. 9918, CITY OF BAE]~RSFIELD versus
NATIONAL SURETY C0}~PANY, etal.
WHEREAS, F. J. ~J~W~EG entered into a contract with W. V.
MATL~CK, as President of the Board of Trustees of the City of
Bakersfield, darted September 3, 1915, for the construction of
a public building, to-wit: a library o ixty-four (64)
Bernard Addition; and,
VI~EREAS, the National Surety Company furnished contractor' s
bond to the said W. V. Matlack, as President of the Board of
Trustees of the City of B~ersfield, in the sm of Ten Thousand
Dollars ($10,000.00) for the faithful perfomance of said
contract;
V~EAB, F. J. ~weg failed and refused to construct said
building; and,
~~S, suit was started by Rollin Laird, then City
Attorney, to collect d~ages in the sm of ~our Thousand Five
Hundred Fifteen and 83/100 ($4515.eS); and,
~EAS, the present City Attorney is of the opinion that
the City of B~ersfield will be unable to ~intain its action
or collect a~ d~ages from the said Surety Compa~ by reason
of defects in the proceedings; and,
~EAS, said Surety Company has offered One Thousand
~llars ($1000.00) in full settlement of all obligations arising
out of said contract.
NOW, TE~OE, Be It Resolved By The Council 0f The City
0f Baersfield, that s~d sum of One Thousand Dollars ($1000.00)
-be accepted as ~d ~for a compromise adjustment 'and' settlement of
all di~eeences between the City of B~ersfield and the National
Surety Company, a corporation, because of the execution by said
Surety Company of said Bond, and in full of all claims of any
kind or character in any way arising because of said transaction.
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That the Mayor of the City of BakerSfield De authorized and
directed to execute the receipt, release and contract of
settlement of ss. id claim for and on behalf of the City of
Bakersfield, and to ms, rk said Bond "Cancelled"; that the City
Attorney be authorized and directed to dismiss Case No. 9918
· entitled, City of Bakersfield vs. National Surety Company. and
to forward said cancelled bond to the attorneys of record for
the 'said Surety Company, Heller, Powers & Ehrman.
I hereby certify that the foregoing Resolution was
passed by the Council of the City of Bakersfield, on the 24th
day of February, 1919, by the following vote:
NAYE S: ~~
ABSENT:
APPROVED this 24th day of
February.,
Mayor of the/City of Bakersfield.
of Bakersfield.