HomeMy WebLinkAbout0510 ResolutionRESOLUTION NO.
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A RESOLUTION AUTHORIZING THE COMPROMISE OF THE CLAIM OF
GEORGE L. THOMPSON, DOING BUSINESS AS THOMPSON CONSTRUCTION
COMPANY, AGAINST THE CITY OF PASCO FOR LIBRARY RE -SURFACING
WORK.
WHEREAS, on or about October 28, 1954, George L. Thompson,
It doing business as Thompson Construction Company, aizi the City of Pasco
entered into a contract to re -surface the Library Building for the sum of
$3, 500, and
WHEREAS, the re -surfacing under said contract was unsatisfactory
and the Northwest Plaster Bureau and Portland Cement Company experts were
called in by both parties to analyze the problem and make recommendations,
and
WHEREAS, said recommendations were made and the City Council
enacted an emergency ordinance on November 1, 1955, to provide the additional
sum of $1, 500 to refinish the stucco and the sum of $463.45 for eaves and
downspouts, and
WHEREAS, said work still proved to be unsatisfactory even though
the original recommendations of the Northwest Plaster Bureau and Portland
Cement Company experts were followed, at which time George L. Thompson,
doing business as Thompson Construction Company, abandoned the work and
the City Council decided not to proceed further with the work, and
WHEREAS, George L. Thompson, doing business as Thompson
Construction Company, commenced an action against the City of Pasco in the
Franklin County Superior Court, Cause No. 10177, to recover monies
expended by him on said library work, and
WHEREAS, fault in the matter is difficult to establish and the
parties are desirous of compromising their positions on an amicable basis,
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO DO RESOLVE AS
FOLLOWS:
Section 1. The City Council of the City of Pasco agrees to pay to
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George L. Thompson, doing business as Thompson Construction Company,
the sum of $2, 500 from the Library Department Fund as full settlement of
the Library re -surfacing work, upon condition that George L. Thompson,
doing business as Thompson Construction Company, release the City of
Pasco from all claims, demands, actions or causes of action resulting to or to
result from re -surfacing of the Library Building and upon the further condition
that the Franklin County Superior Court action commenced by George L.
Thompson against the City of Pasco, Cause No. 10177, be dismissed with
prejudice and without costs to either party.
Section 2. The City Council of the City of Pasco hereby authorizes
the City Attorney of the City of Pasco to sign and approve the necessary
legal papers to properly dismiss said action as above set forth.
PASSED by the City Council and APPROVED by the Mayor this
7th day of August, 1962.
ATTEST: W2
City Cl.exk _.
Appro've¢i as to for
City Attoxney