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HomeMy WebLinkAboutResolution No. 1154RESOLUTION NO. 1154 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA EMPLOYING ATTORNEY IN THE CASE OF BENJAMIN KOPP vs. CITY OF AZUSA AND -FIXING HIS COItiIPENSATION OR SALARY. The City.Council of the City of Azusa do resolve as follows: WHEREAS, an action'has been brought and is now pending in the Superior Court of the State.of California, in and for the County -of Los Angeles, by BENJAMIN KOPP, plaintiff, vs.' CITY OF'AZUSA, a municipal corporation, WM'. J. HOLDEN, as City•Treasurer of the City of Azusa, COINTRACT 1VATER COMPANYOF AZUSA, a corporation, KORT MEIER, H. CHENOWETH,'ROY'MARTIN and M. T. DURRELL, defendants,. which said action in mumbered 276,468 of action pending in said Superior Court, wherein the plaintiff seeks to obtain a judgment of said court requiring the defendants Kort Meier, H. Chenoweth, Roy Martin and M. T. Durrell, formerly members of the Board of Trustees of the City.of Azusa, Wm. J. Holden as City Treasurer of said City, and thes aid Contract Water Company, to pay into the'treasury of said City the sum of One Thousand Dollars (1000) claimed by the said Benjamin Kopp to have been illegally paid out of the treasury of said city on the 28th day of November, 1927, together with interest thereon at the rate of 7% per annum since said date, and said $1000 was the amount required to be paid by the City of Azusa upon the execution of that certain contract made by the City of Azusa and the said Contract Water Company on said 28th day of November, 1927; and WHEREAS, said action involves the validity of said contract under which the City of Azusa contracted to pur- chase the property therein described for the purpose of acquiring additional waters which were and are urgently required in order to provide an adequate water supply for the City of Azusa and its inhabitants, and the raid City of Azusa has ever since the execution of said contract been and is now in the possession of said property and is furn- ishing and distributing the waters obtained from the wells located on said property to the City of Azusa and its in- habitants thereof, and said waters are a necessary part of the water supply of the City of Azusa and have been andere now used in connection with the water works and system of said. City; and WHEREAS, the public interest and necessity of the City of Azusa and the inhabitants thereof require that the legality of said contract be established in said action to the end that the said City and its inhabitants.may continue to have and enjoy the benefits accruing from said contract and the water supply thereby obtained, and in the opinion of the Board of Trustees of the City of Azusa it is proper and expedient that legal cousel be employed by the City of Azuss. to a:ssi.st and be. associated with the City Attorney of said City in'the defense of.said action; -1- Resolution no. 1154. NOW, THEREFORE, be it resolved by the Board of Trustees of the City of Azusa as follows: That the firm of HEWITT, McCORMICK & CRUMP of Los Angeles, California, be and they are hereby employed by the City of Azusa as associate cousel with the City Attorney of said City to represent and act for the City of Azusa in the defense of said action in said Superior.Court, and that the compensation of said firm for such legal services shall be the sum of Five Hundred Dollars ($500) payable as follows: Two Hundred Fift Dollars (?250) forth- with, and Two Hundred Fifty Dollars (9'250) at the time of the trial of said action in said Court. BE IT FURTHER RESOLVED, that'a warrant in proper form upon the adoption of this resolution be drawn in the sum of Two hundred Fifty Dollars ($250).on the Nater Fund of said City payable to said HEWITT, MCCORMICK & CRUMP, and that upon the approval thereof the same be delivered to said HENITT, McCORMICK & CRUMP. I hereby certify that the foregoing resolution was duly'and regularly adopted by,the City Council of the City of Azusa at a regular adjourned meeting held July 29, 1929,.by the following vote of the Council: Ayes: Councilmen: Johnson, Mace, Muehe, Meier. Noes: None. Absent: Councilman: Demmitt.` Ci y Clerk of the ity of Azusa Approved this 29th day of July, 1929. • Mayor• of the i�ty o `—Azu a.