HomeMy WebLinkAbout1948 11-29 CC MIN (2)•
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National City, California, November 29, 1948
Special meeting of the City Council was called to order by Mayor
1 Gilbert E. Fritz at 9:00 A. M. O'clock._ Councilmen present:
Adams, Curry, Matthews, Thatcher, Fritz.
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1
ADMINISTRATIVE OFFICIALS present: Campbell, Dickson, Rogers.
ATTORNEY CAMPBELL announded that the purpose of the meeting was
to pass five resolutions relative to the contracts on the
lateral sewers, and recommended the passage of same,
RESOLUTION NO. 4840 was read, authorizing Mayor Gilbert E.
Fritz to sign a contract on behalf of the City, for lateral
sewers with Walter H. Barber and H. R. Breeden. Moved by Thatcher,
seconded by Matthews, that the Resolution be adopted. Carried,
by the following vote to -wit: Ayes: Adams, Curry, Matthews,
Thatcher. Nays: Fritz.
RESOLUTION NO. 4841 was read, authorizing Mayor Gilbert E.
Fritz, on behalf of the City, to sign a contract for lateral
sewers with Carroll and Foster. Moved by Adams, seconded by
Curry, that the Resolution be adopted. Carried, by the following
vote to -wit: Ayes: Adams, Curry, Matthews, Thatcher. Nays:
Fritz.
RESOLUTION NO. 4842 was read, authorizing Mayor Gilbert E.
Fritz, on behalf of the City, to sign a contract for lateral
sewers with Charles J. Dorfman, Moved by Curry, seconded by
Matthews, that the Resolution be adopted. Carried, by the
following vote to -wit: Ayes: Adams, Curry, Matthews, Thatcher.
Nays: Fritz.
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MAYOR GILBERT E. FRITZ stated that in view of the question of
the legality of spending this money from the Capital Outlay
Fund and since an injunction against the City, prohibiting such
payment, has been threatened by certain property owners, he re-
fuses to sign the contracts.
CITY CLERK ROGERS stated that he also, for the same reason given
by Mayor Fritz, refuses to transfer the sums of money from the
Capital Outlay Fund to the General Fund, until such time as the
legality of such a transaction is fully determined.
RESOLUTION NO. 4843 was read, authorizing Councilmen Adams, Curry,
Matthews, and Thatcher, to petition the Supreme Court for a writ
of mandamus to compel Mayor Gilbert E. Fritz to execute the con-
tracts, and City Clerk Rogers to make the necessary transfers
from the Capital Outlay Fund to the General Fund. Moved by
Thatcher, seconded by Adams, that the Resolution be adopted.
Carried, by the following vote to -wit: Ayes: Adams, Curry,
Matthews, Thatcher, Mayor Fritz refusing to vote.
RESOLUTION NO. 4844 was read, authorizing the City Attorney to
represent Mayor Gilbert E. Fritz and City Clerk Frank W. Rogers
in any court action that might arise from their refussl to execute
the contracts and make the necessary transfers, as outlined in
Resolution No. 4843. Moved by Mayor Fritz, seconded.by Adams,
that the Resolution be adopted. Carried, all Councilmen present
voting aye.
Moved by Matthews, seconded byLAdams, that the meeting•be closed.
Carried, all Councilmen present voting aye.
MAYOR, CITY OF NATIONAL CITY,
ATTEST:
CITY CLERK/
IFORNIA