HomeMy WebLinkAboutResolutions - No. 1402RESOLUTION NO. 1402
RESOLUTION DIRECTING SETTLEMENT OF CLAIMS
AGAINST WARREN A. WEBSTER AND/0R CITY OF
LODI.
WHEREAS on October 22 and 25, 1947, claims against moneys due
Warren A. Webster, as contractor employed by the City of Lodi to
construct Units 1 and 2, Pipe line 1 of Main Line Sewer Outfall line
were filed by the following persons in the following amounts:
F. Alberti t 95.00
G. A. Brodehl 7.50
D. V. Mello d4.00
Andrew Schatz 210.50
T. V. Valente 162.25
A total of 1 559.25
AND, WHEREAS, the total amount of said claims viz; w559.25 were
witheld and deducted from moneys due said Warren A. Webster, as con-
tractor, September 10, 1947, and by Resolution No. 1376 of this City
Council adopted November 5, 1947, ordered paid into the Revolving Fund
of this City to be disbursed on the filing of signed agreements between
said Webster and said Claimants or on court order made on judgements
directing such disbursements, and.,
WHEREAS, the City Engineering Department, the City Attorney,
and said Warren A. Webster have come to an agreement for and by which
these claims can be amicably settled and it further appearing that
this City as owner is in equity bound to share a part of these damages,
the same not having been willfully caused by said contractor but being
part of the general damages which this City is bound to pay by the
provisions contained in the several agreements made and entered in to
by it to acquire the rights of way for the construction and maintenance
of this pipe line, therefore,
BE IT RESOLVED, that the City of Lodi assume and pay approximately
one-fourth of the damage claims first herein mentioned and that, in
accordance with written authorizations signed by Warren A. Webster,
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the $559.25 witheld as aforesaid, be disbursed in the following man-
ner:
To F. Alberti 195.00 of which Webster shall pay $71.00 and this
City 424.00.
To G. A. Brodehl $7.50 of which Webster shall pay 45.62 and this
City 41.88.
To D. V. Mello 484.00 of which Webster shall pay 463.00 and this
City 421.00.
To Andrew Schatz 4210.50 of which Webster shall pay 4157.88 and
this City $52.62.
To T. V. Valenti 4162.25 of which Webster shall pay $121.50 and
this City $40.75.
This is to say, said warren A. Webster shall have deducted from
the 559.25,the sum of 4419.00 which the City Clerk, custodian of the
"Revolving Fund" of this City shall pay over to the above claimants
in the proportions above stated together with the portion herein found
to be a just and legal charge against this City. The balance of said
$559.25 after deducting the amounts due to be paid by said Webster i.e.
the sum of 4140.25 shall be paid over to said Warren A. Webster.
BE IT FURTHER RESOLVED, that from any moneys due or to become due
from this City to Warren A. Webster, other than those mentioned above,
the sum of 4196.60 be deducted therefrom to be paid to George W. Emde
in accordance with a certain assignment dated March 3, 1948, being in
full settlement of the balance due said George W. Emde on his claim
for damages dated September 9, 1947, in which this City agreed to pay
and did pay the sum of 4180.00 and said Warren A. Webster agreed to pay
the remainder of said claim, that is, the sum of 4196.60.
Certified to be a full, true, and correct copy of Resolution
No. 1402 as passed and adopted by the City Council of the City of
Lodi March 3, 1948.
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City Cllr