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HomeMy WebLinkAbout0341 ResolutionRESOLUTION NOS 1 A RESOLUTION .AUTHORIZING .A COMPROMISE SETTLEMENT OF PENDING LITIGATION ENTITLED " RICHARD G. SCHULTZ VS. THE CITY OF PASCO". WHEREAS, there is presently pending a law suit by Richard G. Schultz against the City of Pasco, wherein Richard G. Schultz, as plaintiff, is seeking damages against the City in the sum of $8,373.97, as salary due and owing to Richard G. Schultz by his alleged wrongful dismissal from the Police Force of the City of Pasco and representing wages Schultz would have earned as such patrolman from August 16, 1949, to December 1, 1951, the period of the alleged wrongful separation not heretofore compensated for, and WHEREAS, it is deemed advantageous to the City of Pasco to com- promise and settle such law suit upon the payment of $6,000.00, in view of the fact that the ordinary rule of contract damages, which would reduce the amount of damages by the amount which the plaintiff would have been able to earn elsewhere, does not apply in civil service cases, and further,in view of the position taken by the Superior Court of the State of Washington regarding the plaintiffs right to employment in a prior case, how, therefore, THE.CITY COUNCIL OF THE CITY OF PASCO DO RESOLVE .AS FOLLOWS: Section 1. That the City Attorney of the City of Pasco is hereby authorized to settle by compromise the pending litigation entitled: " Richard G. Schultz vs. The City of Pasco", for $6,000.00. Section 2. That the said action is to be dismissed before any pay- ment is made. PASSED .AND APPROVED this _ day of March, 1954. Mayor ATTEST: City Clerk APPR D .AS TO F R� City.Attorney