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HomeMy WebLinkAboutMinutes - August 15, 1957 - CC (2)i CITY HALL AZUSA, CALIFORNIA AUGUST 15, 1957 3:30 P.M. The City Council of the City of Azusa met in Special Session at the above time and place. Mayor Memmesheimer called to order this Special Meeting at 3:36 P.M. Present at Roll Call: Councilmen: Fawcett, Ortuno, Johnson, Romero, Memmesheimer Councilman Johnson protested the wording of the Notice of Special Meeting in that it was to °approve an agreement". It was the opinion of Mrs. Johnson that further study should be made of the agreement. It was moved by Councilman Johnson that this meeting recess until Friday afternoon in order to give further study to the agreement. Motion died for lack of second. The City Clerk read the following Notice of Special Meeting: By order of the Mayor, there will be a SPECIAL MEETING OF THE MEMBERS OF THE CITY COUNCIL OF THE CITY OF AZUSA, to be held in the Council Chambers at 3:30 o'clock P.M. on Thursday, August 15, 1957. The business of the meeting will be for: (a) Approve agreement settling all litiTation in connection with Annexation Districts 15, 17, 20 and incorporation of the City of Duarte. (b) Adoption of Resolution of Intention to Provide Modification. of Benefits under SERS in connection with Coverage under Federal OASI. James Miller City Clerk of the City of Azusa The Notices of the Special Meeting were de- livered to the Police Department at 3:16 P.M. August 14, 1957 for delivery to individual members of the City Council. Delivery to members was made on August 14, 1957 at the time noted, by Officers Maxson and Wilkinson. Clarence Fawcett .................... 6:25 P.M. Anthony Ortuno...................... Cecil Romero. .................... 5:40 P.M. Mrs. Martha Johnson ................. 3:30 P.M. Louis G. Memmesheimer............... 6:30 P.M. The following Waiver of Notice of Special Meeting was presented and signed by those members of the City Council who did not receive the Notice 24 hours prior to the time of the meeting: The undersigned, a member of the City Council of the City of Azusa, hereby files with the Clerk of said City Council a waiver of notice of the special meeting of said City Council to be held in the Council Chambers of said City at the hour of 3:30 P.M. on Thursday, August 15, 1957 the purpose of such meeting being: (a) Approve agreement settling all litigation in connection with Annexation Districts 15, 17, 20 and incorporation of the City of Duarte. Roll Call 463 m CITY HALL AZUSA, CALIFORNIA AUGUST 15, 1957 Page 2 465 i (b) Adoption of Resolution of Intention to Provide Modification of Benefits under SERS in con- °nection with Covera -e under Federal OASI. This waiver is Made and filed pursuant to the provisions of Section 54956 of the Government Code of the State of California. The undersigned beinr present at said meeting at the time it is to convene, as set forth herein- above, also dispenses with notice of said meeting pursuant to the provisions of said Section 54956. (signed) L. G. Memmesheimer Anthony Ortuno Cecil Romero Clarence Fawcett City Attorney Williams reviewed the facts of the case leading up to court actions regarding Annexations No. 15, No. 17 and No. 20. The Attorney further stated that hearing of the various suits was set to be heard before Dept. 34 of the Superior Court on Monday, August 19th. Mr. Williams related that, several conferences had been held by all interested parties to work out a fair and acceptable agreement, and as of now all principals have approved the agreement except the Azusa City Council. The agreement as prepared and proposed was read by Attorney Williams. Moved by Councilman Romero, seconded by Councilman Fawcett, that this agreement be approved and that the Mayor, City Clerk, and City Attorney be author- ized to execute the same on behalf of the City Attor- ney and that each Councilman of Auzsa be requested personally to sign this agreement. Moved by Councilman Johnson that the motion be amended by amending line 19 page 2 of the agreement to read "without prejudice". Motion died for lack of second. Moved by Councilman Johnson that the motion be amended by amending item (L) line 21 pag. 2 of the agreement to read "Azusa shall abandon and terminate its proceedings in Annexation No. 17 and Annexation No. 20 with prejudice.' Motion died for lack of second. Moved by Councilman Johnson that the motion be amended by amending the agreement as follows: item 4, commencing on line 25, page 2, item (5) commending on line 7, page 3, item (6) on page 3 and continuing on page 4 and item (7) on page 4 and continuing on page 5, be stricken from this agreement. Motion died for lack of second. Moved by Councilman Johnson the motion be amended and the agreement with respect to item (8) line 4 of page 5 the subject matter of this paragraph be suspended until the same has been agreed to by the Cities of Azusa and Duarte, each acting in their official capacities. Motion died for lack of second. Moved by Councilman Johnson that the motion be amended and the agreement referring to item (9) line 15 of page 5, that the operation of this paragraph be suspended until the City Council of Duarte has been qualified and inducted into office and is competent to subscribe to this paragraph as City officials. Motion died for lack of second. 466 CITY HALL AZUSA, CALIFORNIA AUGUST 15, 1957 Page 3 Moved by Councilman Johnson that the motion be amended to amending item (9) lines 21 to 24, page 5 of the agreement to read, "Each of said parties and their attorneys makes this agreement with the representation that each of them may rely upon his honor and integrity in tarring out the terms hereof." Motion died for lack of second. The original motion was then passed by the following vote: Ayes: Councilmen: Fawcett, Ortuno, Romerq, Memmesheimer Noes: Councilman Johnson Moved by Councilman Romero, seconded by Councilman Fawcett that the Mayor be authorized to address a letter to the City of Duarte, to be delivered when they meet to organize as a City expressing the congratulations of the City of Azusa and welcoming them to the family of cities and extending- to them the hand of friendship and cooperation. Motion carried by the following vote: Ayes: Councilmen: Fawcett, Ortuno, Johnson, Romero, Memmesheimer Noes: None Item (b ) of the Special Meeting was for the adoption of the Resolution of Intention to Provide Modification of Benefits under State Employees Retirement System in connection with coverage under Federal Old Age and Survivors Insurance. Councilman Johnson off6red the following resolution entitled: RESOLUTION OF INTENTION TO PROVIDE MODIGICATIOiN OF BENEFITS UNDER STATE EMPLOYEES' RETIREMENT SYSTEM IN CONNECTION WITH COVERAGE UNDER FEDERAL OLD=AGE AND SURVIVORS INSURANCE. Moved by Councilman Johnson, seconded by Council- man Ortuno this resolution be passed and adopted. This resolution was then passed and adopted by the following vote: Ayes: Councilmen: Fawcett, Ortuno, Johnson, Romero, Memmeshe imer Noes: None Absent: None and numbered resolution No. 3641. Moved by Councilman Romero, seconded by Councilman Fawcett, that the meeting adjourn. Time of adjournment 4:26 P.M. q ty larkz�� Resolution No. 3641 OASI 467 RE,