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HomeMy WebLinkAbout0510 ResolutionRESOLUTION NO. E_ly� 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 I t �i 1 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