HomeMy WebLinkAboutResolutions - No. 10-21-1912293
'.'.iL.1Ei,:a1 3'::1_-11::__',,.�✓di.^.81_:'Or::ia.vCt.21,1912.
In regular session of the Board of Trustees of the City
of Lodi.the following trustees b.ein, present: C.A.31arl'.J. H.3lodgett.
_.G. -ale anti C.A.-Rich. Absent: .resident present.
approved.
C.A.:14_-!h was unar-inciisl; 3h,)sen President t Pro Ten.
The minutes of t.ne meetinl- of O ..14.1912.wene read and
The following applications for building permits were read
and granted:
Miss A.3rack,dwelling on lots 16&17 block 26;
M.H.Rodacker,woodshed on lot 23 block 2 Barnhart Tract;
iY.A.Brown.woodsned or.i lot 11 blocX 1 Burr's Add.;
C.L.Vazl 3ushirk.removal of bldg.fr.lot 4 to lot 3 'block 9.
The followin3 resolution was read:
.!'HE'REAS.an a^tion is no!vA f the
pending 1n the Superior Court o_ e
County of San Joaquin,State of California,in which ETHEL WILLTA2:S,
as administratix of the estate of HARRY 3.71Il.LIAidS.deceased.is
plaintiff, and t__^:is CITY of LODI,is defendant:in which action plain-
tiff seeks to recover from this City the su'a of TTENTY 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.,Tilliams,
namely said. Ethel 1"rillia^ms,his widow and Dorothy 1,71lliams.h'_s minor
dau_7hter,because of an injury suffered -by said Harry 3.411' 1'_ians
,chile in the employ of. this City on the 5th day of July, l9il, result-
ing in his death,on the. 6t_'1 day of July.1911,and,
THEREAS.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 t�ierein be adjusted and
compromised.
NOW THERE^ORE,3E IT_ AND IT IS RESOLVED 3Y
THE BOARD OF TRUSTEES Os THE CIT`.' Gi' LODI
AS EOL_ 0''S :
1. That this. City do pay to ETHEL IYILLIAMS. as admiris-
tratrix cf the estate of Harry full and
complete 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.Wiliiams,deceased,growing out of or in any way
connected with the death of said deceased,or any Matter or Matters
set forth or claimed by plaintiff in her complaint on file in the
Superior Court of the Oo'. my of San Jcaquin,State ofCalif or ia,in
said action aforesaid.the sun. of _..ENTY FIVE_ KINDRED DO,,�nRS (42533.cu)
in the manner and at the tide and times followinz,to-wit:
FIVE HUNDRED DOLLARS (S 5vG . OG )::poli tris execution of the proper
contract in accordance with this Resolution,ard ONE HUNDRED DOLLARS
100.60) a month thereafter,eommencing -,rich the first day of
L' ecember,1912,-wntil t'. -ie remaining T',!'C TH311SANL Dl -,L ---ARS
shall have b?en thus paid.
11. ;:~ie ?reside -t of t. -,e 3oard of Trustees and City 'alert_
of this 'City of Lodi are herebir auti orized, enp oatered and directed
with said Et' -al ;'il_ ans.aetairistratrix of the estate of 'Harry 3.
?,'iiliams,deceased.to enter into and execute the necessary contract
to carry out the purposes of t'.:i s Resolution and to affix to said
Contract the corporate name and seal of this City, which said Contract
may in form and shall in substance be as follows,to-grit:
THIS AGRh::f:_NT.1.1ade this day of Getober,1912,
between CITY 37 ?GDI,a municipal corporation in the State of Calif-
ornia.duly orgaiized,incorporated and existing,party of the first
part.and ETHEL 7ULLIAMS,as administratrix of the estate of ?HARRY
-.:I1LIA�4S.deceased,party of the second part 7ITNESSETH:
That,3'?:EREAS,the party of the first part dliring all the
tines herein mentioned did,apn now does,o-!m and operate an electric
lightlnZ plant for the purpose of furnishing electric liZhting to
the inhabi*ant s, -residents and ho:.seho r8 e said 11 ry f
lde_ i:i ;'r, a -d C� •,. o
Lodi,and,
AHEREAS,on the 5th day of Ju17,1911,HARRY B."J IL!IA.:.S,while
In the employ of the part.! of the first part corking upon said
electric lighting plant,fell from a ladder neeting with injuries
.. Ich caused his death on the folllo,,;ing day,na:_,ely.on the 6th day of
July,1911, and,
294
_ R- 5,t i@ ea ter . an order .-:ll;% nade y the Superior
Court of Y^� JOliLt1 of Racra*en�o,State of California.on she 25th
day of Sept er,,ber,1911,said party of the second par was duly
appointed the administratrix of the estate of said Harr,- 3..'111ians,
deeeased,and thereafter on the 28th day o: November,1911.she duly
qualified as such admiristratrix,and she ever since has been,and
now is,the duly appointed. qualified and betin,- ad:inistratrix of the
estate of Siad ?carry 3.i"ilii ams, ds ceased. and,
T EREAS,said Harry left Surviving hili as
his only heirs-at-law and next-of-kin said Ethel Tillians,his
widow,and l,crothy 'Filliams.his daughter,of the age approximately
two years,and,
WHEREAS,= the 29th day of December,1911,said party a.-
the
fthe second pr,rt as adninistratrix of the estate of said Harry B. +
r'illiams,deceased,and for and on behalf of his said heirs-at-law I
and nest-of-kin,did commence in the Superior Court of the County
of San Joaquin,State of Califor::Ia,an action against the
of the first part for damages in the s:u:-, of 'T7T_.NTY THI—LISAND 1-11UL .RS
($2000C.00 ),upon the ground of alleged negligence on the part
of the party of the first part in causing the death of said
Harry 3.1pil=iams,as will more fully appear from the complaint on
file in said action:.and,
WHEREAS,said actin is still pending in said Court upon.
the complaint of plaintiff and the answer thereto of the party of
the first part,as defendant in said action,an.d,
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 fol=ev:ing:
NGT-,THER--FO?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 Fart by the party, of the. second part of
and from all claims and demands of herself,as such Adalinistratrix.
and said heirs-at-law and next-cf-kin of said Harry 3.Willians,
deceased, occasioned by,connected with or in any way growing out
of the said death of said Harry ?.F,illiams. deceased, or in any .?ay
connected with any of t1ne ratters alleC.ed,set forth and referred
to in said complaint now on tile in said Superior Court of -said
County of San Joaquin, aforesaid, the party of the first part hereby
agrees to pay to the parte of the second part the sum of 70"E TY
FIVE HUNDRED DCL'• -•ARS ( $2500.00 ),Gold Coin of the United States.in
the manner fallowing:
FIVE HUNDRED DOLLARS ($5CO. vG )at the date of the ma'King of these
presents,receipt Innereof by the part;'1 of the second part is hereby
aeknowledZed;an ONE - i�i•nc_ _ LLA:tS (`y"1G�. ) On the. first day
of each and every month hereafter,eommen,:ingywith the fi=st day
aDecember,l 2,unt1— the _e—a.la. _. S.. J D3L1' LRS ($2 r• )
shall thus be paid, namely, for a period of twenty (2C )
And the party of th.e second part for herself as such
ad-ministratrix and for said heirs-at-law and next-of-kin of said
Harr: 3. iil;ia-'rs,deceased,jthom she herein and in Said complaint
on.file as aforesaid,represents,hereby agrees to accept said sums
of :.coney as,',:'hen,and to Ce paid in the ]manner afar=said fronn mont`l
to manth• in payment of her said clair..,:and demands hereinbefore
referred to,and upon the making of t'.:e. final pay^n.ent or last in-
stallment trereof.the same shall be in full and commlete pav ent.
satisfaction and discharge of all t__^.e- said clai:s.denands and
charges of the party of the second ]art and all sair. heirs -at -la••
and next-of-kin Of said Harry _.''illiol S,de^eaBed,e lO:i L^ out of
or in any ..ay connected with his said death,the causes thereof,as
well as all matters set forth,claimed and referred to in the con-
rolaint on file in said Court as aforesaid.
IN TITNIESS '"HE-.R--,O-,the parties hereto have caused these
presents to be executed in d'upl_ ate the nay and year first atnv•
written,the parte of the fist part signing by the ?ree,;;ent C.
Its Board. of Trustees and Cler_: duly authorized on
the part of t.'18 party of the _-rst part dtzly passed, and ader'.eo..
yR7C1J117 _..i-?. - -QT'S_--, c: -
HARRY
The fore oir; Rescl.` ` cr1,:as duly adopted and passed regular
meet--inZ of the Boar -i of Trus,,3es of the Litt% o ? on
21st day of October. lc 12,1-Y she follc'lin_ vote:
295
Ares:'Trustees 31ack.31odgett.? ale and Rich.
Noes: None.
Absernt : G . _ . La*rrencs
A tt est :
' 1=a2re�t' Si�n.apY�rove ai?d attest t%e fot•e-
goin.m Resolution ;.his 21st day of Cctot,er.
Presi^.ent of the Boarff o: -1_astees
Of the City o2 Lodi.
The report of St.Superintendert H.3.Coleman,stating•that
'.Pine Street from Church to Hutchi::s had been Inproved according
to specificatIons. and that he had accepted t a sa::e,was read; and,
on motion. of 3ladgett,seeonded by Hale,the report was accepted.
Cit: rade a report,stati::g that
the work was done according to speci-fications.which report ivas Zze
accepted.on :notion of Black.seconded by Blodgett.
The opinion of Attorney PercIlval.opi..1na that certain
sections of Ordinance Na.52 :fere ill corflier :pith t" -.e State Law and
hence V•aid,was read.
Foreman valen�ine of t:e Gas Conpany discussed Ordinance
No.63,stating t e opi,•rt.�n that J38 a good ordinance.
Cm notion of Bla•ck.seionded by ?Iodgett,'t was Ordered
that the :reuse committee install a stove 1^ assembly roon wid
build a fire in it tyr next Monda% evening
On motion of 3l.a.c :. s^snded CV :�
lod-zett , it .,as ordered
that street lits be placed as=ollo-ns:
Two on E.Lockeford Street; _ aro on $.Sacramento Street' Two in
the alley/ between ':air a -d Rtoc_:,.,.-=m and :a%.; One a. corner of
leasant and
On mtoion.the -oa_•d ad our -.ed until-ct.28.1912.at tie
usual hoar and rjla•.e.
Attest.