HomeMy WebLinkAboutMinutes - February 28, 1944 SM412
CUu :CIL Ci'..L1 i3 - CITY COUNCIL
CITY HALL - CITY OF IDI
f IEUi R.y 28, 1944
On call 'of the Mayor, a Special Meeting of the City Council of the
City of Lodi was -held beginning •at 5:30 o'clock P.M. (P.'.; T.) of - onday,
February 2'3, 1944, Councilmen Coffield, Pies, Spooner, :;eine and Mayor
:cinn present. Glenn test, City Attorney and J. F. Blakely, City Clerk,
also attending. Frior to the opening of the meeting, each Councilman
signed a "-aaiver of Notice and Consent to Special Meeting" in the following
words:
9; TUR CF ['.0TICE AND CONSENT TO S ZCIAL MEETING
State of California,
County of San Joaquin,
City of Lodi.
�s.
.ie, the undersigned, being all of the members of the City -Council of
the City of Lodi do hereby ,waive formai notice of a special meeting of
said City Council to be held at 5:30 p.m. of Monday, February 28, 1944,
(Pacific '..lar Time) in the Council Chambers in the City Hall of said City
and do hereby consent that such meeting be held for the purpose of:
Consider an offer in compromise of the pending suit of
The Pacific Telephone & Telegraph Company vs The City
of Lodi.
(Signed)
Attest:
J.F .91skeiy, City Clerk.
Fobert H.;inn, Councilman
J. Cofield, Councilman
.i.3Jd.ggs, Councilman
a..;.Spoone', Councilman
Otto a.aeihe, Council an
Mayor Linn stated that, in as much as the trial of the case ment-
ioned in the above w=aiver was set on the court calendar for March 6th,
action on an offer in compromise would have to be taken at once.
City Attorney '.'lest explained nis negotiations witn the attorneys
for the Telephone Company and their offer of a settlement, such offer
being that the City pay to the Telephone Company one-half of the orig-
inal judgement obtained by £.D.Fmery, with no interest, that is, that
the City pay the sum of $15,148.01 and the Telephone Company would
dismiss the suit. :as ;;est held out little hope that a decision in the
pending case would be final and that costs of appeal, attorney's fees,
interest and a final judgement might amount to as :mach as w3O,734.56 .
The City Council c.nsidered all angles of the case, the previous
trials had in co_.nection therewith and the still valid contract with the
Telephone Company, finally deciding that the compromise offered should
be accepted as being to the best interests of the City. Mr .test was
accordingly directed to telephone Pillsbury, Madison & Sutro, Attorneys
for The Pacific Telephone & Telegraph Company accepting the offer and
nr..
cciting the City to mate pa'nent at the date of the first City Council
meeting at which it would be legal to authorize such payment.
At 7.C7 o'clock P.L;., the special meeting was adjourned on motion
of Councilman ieihe.
of a s,ecii.1 .. ;:t:.
Jun it :..c .City of Loa-
at a.. _:a ... �ofsaid City
1, i�,...
-......�
mayor of t, e City of Loci