HomeMy WebLinkAboutMinutes - October 21, 1912293
u.n1e1pa1 3'::1_di::_g.L✓di.Cal:'Or::ia.Oct.21,1912.
In re u1er session of the Board of Trustees of the City
of Ladi.the following trustees being present: C.A.31ao.}:.J.M.Blodgett.
_.C.Ha1e and .,.A.Rich. Absent: .resident Lawrence.Atty.Jones present.
C.A.:2i Th was unanimously ch^Sen President t Pro Ten.
The minutes of the meeting of Oc..14.1912.were read and
approved.
The following applications for building permits were read
and granted:
Miss A.3raci:.dwelling on lots 16&17 block 26; .
M.H.Rodacker.woodshed on lot 23 block 2 Barnhart Tract;
iT.A.Brown.woodsned or.3 lot 11 block 1 Burr's Add.;
C.L.Van Buskirk.removal of bldg.fr.lot 4 to lot 3 block 9.
The following. resolution was read:
}!HEREAS.a: action is novof the
pending in the Superior Court
County of San Joaquin,State of California.in which ETHEL WILLIA2:S.
as adninistratix of the estate of HARRY 3.WILLIAMS,deceased,is
plaintiff,and this CITY OF LODI,is defendant,in which action plain-
tiff seeks to recover from this City the sum of TWENTY THOUSAND
DOLLARS ($20000.00)as damages alleged in the complaint in said action
.to have been caused to. the heirs-at-law of said Harry 3. ill arts,
namely said. Ethel '."illiams,his widow and Dorothy i?illians,h'_s =,inor
daughter,beeause of an injury suffered -by said Harry 3..Ri_lliains
while in the employ of. this City on the 5th day of July,1911,result-
ing in his death,on the. 6th day of July.1911,and,
WHEREAS.it appears to be to the best
interesta of the City of Lodi that said action and all claims cf
the plaintiff set forth in the complaint therein be adjusted and
c or_promi s ed .
NOW THEREFORE.3E IT_ AND IT IS RESOLVED BY
THE BOARD OF TRUSTEES OF THE CITY OF LODI
AS FOL_OIVS:
1..That this. City do pay to ETHEL WILLIAMS. as adriris-
tratrix of the estate of Harry 3.Wiliiams.deceased.in full and
aonplete payment and satisfaction of all claims on behalf of herself,
as adr.,inistratrix,as well as said heirs-at-law. and next-of-kin
of said Harry 3.W111iams,deceased,growing out of or in any way
connected with the death of said deceased.or any matter or matters
set forth or clamed by plaintiff in her complaint on file in the
Superior Court of the County of San Joaquin,State ofCalif or ia,in
said action aforesaid.the su:, of _..ENTY FIVE HUNDRED DOLLARS (S253c.oe )
in the manner and at the tide and tines foli0'•Jing.to-wit:
FIVE HUNDRED DOLLARS (/3500 . 0'C )::pori the execution of the proper
contract in accordance with this Resolution.ard ONE HUNDRED DOLLARS
W.00.00) a month thereafter,commencing with the first day of
Decenber,1912,untii the remaining T O THOUSAND DOLLARS (2000.3C20
shall have b?en thus paid. .
11. The ?resident of the Board of Trustees and City 'Clerk
of this City of Lodi are hereby autro='ized,erlpowered and directed
with said Ethel "il_ians.aetainistratrix of the estate of Harry 3.
7iiliams,deceased.to enter into and execute the necessary contract
to carry out the purposes of this Resolution and to affix to said
Contract the corporate name and seal of this City. which said Contrac t
may in form and shall in substance be as follows.to-grit:
THIS AOREEMENT,Lade this day of Oetober,1912,
between CITY 37 IODI,a municipal corporation in the State Of Calif-
ornia.duly orga.ized.incorporated and existing,party of the first
part,and ETHEL "'ILLiAMS,as administratrix of the estate of HARRY
3. WILLIAL4S.deceased,party of the second part.WITNESSETH:
That.3'!-EREAS,the party of the first part during all the
times herein mentioned did,art^t now does,o'wn and operate an electric
lighting plant for the purpose of furnishing electric lig kiting to
the inhabitants,residents and householders i:the said City of
Lodi,and,
lt'HEREAS,on the 5th day of July,1911,HARRY 3."IILLIA.:.S,while
in the employ Of the party of the first part corking upon said
electric lighting plant,feil from a ladder meeting with injuries
w :ich caused his death on the following g day,r.ame1y. on the 6th day of
July,1911, and,
294
; HER- S,thereafter by an order duly made by the Superior
Court of the County of Sacrariento.State c_ California.on the 25th:
day of September.1911.said party of the second part was duly
appointed the administratrix of the estate of said Harr- 3.gil_iams,
deceased,and thereafter on the 28th day of Novembcr,1911.she duly
qualified as such admiristratrix,ard she ever since has been.and
now is,the duly appointed.qualified and acting administratrix of the
estate of Siad Harry 3.i"iliiams,dcceased.afd,
r E: EAS,said Harry 3.? illians left surviving hili as
his only heirs-at-law and next -of -Kin said Ethel Willians,his
widow,and Dcrothy willians.his daughter,of the age;approximately
two years,and.
WHEREAS,on the 29th day of December,1911,said party of
the second part as administratrix of the e=.tate•of said Harry B.
Williams,deceased,afd for and on behalf of his said heirs-at-law
and next-of-kin,did commence in the Superior Court of the County
of San Joaquin,State cf Califor_:ia,an action against the part-
of the first part for damages in the sari of TWENTY TH.CUSAND DCLLARS
($20000.00),upcn the ground of alleged negligence on the part
of the party of the first part in causing the death of said
Harry 3.Wi1 ians,as will more fully appear from the complaint on
file in said action.arld,
W EREAS,said action is still pending in said Court upon
the complaint cf plaintiff and the answer thereto of the party of
the first part,as defendant in said act'ion.and,
WHEREAS,it appears to be to the mutual advantage and
benefit of both the parties hereto that said action should be
adjusted and compromised in the manner following:
NGW,THEREFO?E,it is hereby agreed by and between the
parties hereto that in consideration of the release and discharge
of the part of the first part by the party of the. second part of
8nd from all claims and demands of herself,as such Adalinistratrix.
and said heirs-at-law and next-cf-kin of said Harry 3.i;'iilians,
deceased,occasioned by,connected with or in any way growing out
of the said death of said Harry ?.Wili1ans.deceased,or in any fay
connected with any of the matters alleged,set forth and referred
to in said complaint now on file in said Superior Court of said
County of San Joagt:in,aforesaid,the party cf the first part hereby
agrees to pay to the party of the second part the sum of TWENTY'
FIVE HUNDRED DOLLARS ($2500.00),Gold Coin of the United States.in
the manner following:
FIVE HUNDRED DOLLARS ($5C0.0G)at the date of the taking of these
presents,receipt whereof by the party of the second part is hereby
acknowledged;and ONE ..:Ni•Rc_ _ LLARS ( y
1G:., ) on the. first day
of each and every month hereafter,cor.:neneingwith the first day
Of Decemoer,1912,un ti - the remaining T ' V _:S.:NJ DOLLARS ($2CO
r•. )
shall thus be paid,namely,fcr a period of twenty (2C) months.
And the party of the second part for herself as such
admintstratrix and for said heirs-at-law and next-of-kin of said
Harry 3. illia.'rs,rleceased.whOm she herein and in said complaint
on•file as aforesaid,represents.hereby agrees to accept said suns
Of money as,when,and to be paid in the ]manner aforesaid from month
to month•in payment of her said clair.aand demands hereinbefore
referred to,and upon the making of the.final payment or last in-
stallment trereof.the same shall be in full and complete payment,
satisfaction and discharge of all tine. said clai:s.denands and
charges of the party of the second part and all said heirs -at -la••
and next-of-kin Of said Harry 3.7illiams,deceased, rowirg out Of
or in any way connected with his said death,the causes thereof,ae
well as all matters set forth.clained and referred to in the com-
plaint on file in said Court as aforesaid.
IN WITNESS 7HE3_0-,the parties hereto have caused these
presents to be executed in duplicate the day and year first above
written,the party of the fist part signing by the ?resiaent cf
its Board. of Trustees and Clerk duly authorized by Paeolntisn c
the part of the party 0_ the first part daly passed and adop'.ed..
eR.7c I J T 1. -";CRD C7 T 'S_ILE , CC-
SAI: ^_I` , .
147
n, ca j' SIT
A_�.:iyTC• ': RIX - 1"{ ESTATE Cr
HARRY 3.:_.I__,,I:.YS,11C:
The foregoing Resolution adoptedpassed
g �; R sc r. was duly and at a regular
fleet_ Of the Boardof Trustees of the City of Gri
2Ist day cf October .1P12,i.. the Following vote:
Ayes:Trustees E1ack.31cdgett.Hale and Rich.
Noes: None.
Absent : G . _ . Lawrenc..
;y 0 er: o ae ty of Lodi.
"ereby sign.ayorove and attest the fore-
going Resolution ;.his 21st day of October.
Presirl.ent of the 3oard of Trustees
of the City of Lodi.
The report of St.Superinter:dert H.3.Coieman,stating•that
'.Pine Street from Church to Hutchins had been improved according
to specificatlons.and that he had accepted the sa::e.was read; and,
on motion of 3lodgett,seeonded by Hale,the report was accepted.
Cit- ?ngireer.J.W.Mcl:_'ee.also made a report,stating that
the work was done according to speci,'ications.which report was wee
accepted -en motion of E1ac .seconded by Blodgett.
The opinion of Cit. Attorney Percival.opi..ina that certain
sections of Ordinance Nc.52 were in conflict with the State Law and
hence void.was read.
Foreman valen ire of the Gas Company discussed Ordinance
No.G3,stating the opinion that it was a good ordinance.
Cn *lotion of 31ack.seconded by 31odgett,it was ordered
that the house committee install a stove in the assembly room and
build a fire in it kyr next Monday evening
On motion of k. s tided by 31odzett , i t was ordered
that street lights be placed as follows:
Twc on E.Lockeford Street; Two on S.Sacramen.to Street; Two in
the alley between .:air and Rtoc_:,C.., 1:-i and Oak: One at corner of
Pleasant and First.
On : toion.the _oa_d ad ours:ed untilct.28.1912.at the
usual hour and place.
Attest: