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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. -1- 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.