HomeMy WebLinkAboutResolutions - No. 1192In the City Council
City of Lodi
Lodi, California
RESOLUTION NO. 1192
RESOLUTION DIRECTING COMPROMISE CF SUIT OF
THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY
VS CITY OF LODI AND AUTHORIZING PAYMENT THEREIN.
WHEREAS, there is now pending and set for trial
on March 6, 19+4 in the Superior Court in and for the County
of San Joaquin, State of California, a certain action entitled
"The Pacific Telephone and Telegraph Company, a corporation,
Plaintiff vs City of Lodi, a municipal corporation, Defendant
Numbered 31966, and,
WHEREAS, the said action is a result of the judgment
obtained in the various cases of E. D. Emery vs The Pacific
Telephone and Telegraph Company wherein the said smery was
awarded the sum of $37,72 ,(QED including intereste and costs
by the District Court of Appeals of the State of California,
and,
WHEREAS, under and pursuant to a certain Joint Pole
Agreement dated November 7, 1910 as said agreement was inter-
preted by the Court in the Emery case referred to above, this,
City might be liable to pay one-half of the judgment amount
obtnined as aforesaid, and,
WHEREAS, this City Oouncil being fully apprised of
the facts and of the law in this matter and having fully
considered the same, believes that it is to the best interests
of this city that this action be not brought to trial, In
as much as continued appeals taken by either party would cost
far in excess of a payment of a reasonable sum in compromise
thereof, which sum might finally be in excess of $30,000.00,
and,
WHEREAS, The Pillsbury-,acific maddisonne and andTsutroaandh C etimiiXler
through its attorneys, y, h�''��
and D1.etz. have offered to compromise the said suit and action and
dismiss the same on the payment of the sum of t16,348.01 by this
City to Said The Pacific Telephone and Telegraph comupany,
the ref ore,
BE IT RESOLVED by thia City Council of the City of
Lodi in regular session on this 1st day of March, 1914, that a
warrant be drawn on the City Treasuryayable from the General
Fund therein and in favor of The Pacific Telephone and
Telegraph Company and that said warrant be delivered by Glenn
hest, City Attorney of the City of Lodi to the said The Pacific
Telephone and Telegraph company upon their dismissal of the suit
or action subject of this Resolution, and upon said company
satisfying its judgment for costs on appeal in said action,
such dismissal to be with prejudice and amount to a compromise and
settlement in full of all claims sued upon in said action.
COMPROMISE OF SUIT OF
PT & T (D.. VS CITY OF' LODI -2- March 1, 1944
The foregoing Hesolution No. 1192 regularly
passed and adopted in regular meeting of the
City Council of the City of Lodi held wednesday,
March 1, 19)4. by the following vote:
AYES: Councilmen, Coffield, nigga, Spooner
and Kinn
NOES: Councilmen, None
ABSENT: Councilmen, None
(Sinned) J. F. BLAKELY
City Clerk