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RESOLUTION NO. 4850
BE IT RESOLVED by the City Council of the
City of National City, California, that the Mayor
of the City of National City is authorized and
directed to execute that certain contract between
THE CITY OF NATIONAL CITY and CHARLES J. DORFMAN,
a copy of said contract is attached to this reso-
lution and made a part and parcel hereof.
PASSED AND ADOPTED by the City Council of the City of National City, California, this
day of .................. D.CQ014D.QE ................... , 19 ... ........ , by the following vote, to -wit:
AYES: Councilmen ...... .. g.AIMY.1 k&at thew s Thatcher,. Fritz
7th
NAYS: Councilmen None
ABSENT:
None
Mayor of the City of National City, Californi
....... .......
Resolution } this
I hereby approve the foregoing NcNcoacx
7th day of December , 19 4.8
Mayor of the City of National City, Californi
{ Resolution Ordinance
I hereby certify that the above and foregoing is a full and true copy of } No
Resolutions
of the { } of the City of National City, California, as adopted by the City Council of said
Ordinances
City, and approved by the Mayor of said City, on the 19
day of
a
City Clerk of the City of National City, California.
Deputy
CHARLES J. DORFMAN
GENERAL CONTRACTOR -CONSTRUCTION ENGINEER
124 NORTH LA BREA AVENUE
LOS ANGELES,CALIFORNIA (36)
November 24, 1948
Honorable City Council
The City of National City
City Hall
National City, California
Gentlemen:
On November 2, 1948, your honorable body awarded to the undersigned a
contract for the furnishing of all materials and construction of sani-
tary sewers, manholes and appurtenances, as described in that certain
notice to contractors and call for sealed bids dated September 24,
1948. The portion of the work so awarded to the undersigned is referred
to in said notice as Job No. 1.
According to said notice, the successful bidder will suffer a forfeiture
of his bid bond if he refuses to enter into the contract so awarded after
being requested so to do by your honorable body.
You have advised us that the only city fund available to pay this contract
are certain moneys on deposit in the Capital Outlays Fund of your city.
As you know, a question has arisen as to whether or not these funds may
lawfully be used to pay the amounts due under said contract when the work
is performed. As a result, you have received advice from City Attorney
Merideth L. Campbell that the use of these funds for this purpose must
first be approved by a judgment of a court of competent jurisdiction. Our
attorneys have also advised us that a test suit should be filed immediately
in order to obtain an authoritative answer to the questions concerning this
matter.
As we have previously advised you, the undersigned and the other contractors
to whom you awarded contracts on November 2, 1948, for the furnishing of
materials and construction of sanitary sewers, manholes and appurtenances
under the same call for sealed bids have agreed to employ attorneys to com-
mence an action in the Supreme Court of this state for the purpose indicated.
However, our attorneys tell us that they cannot assure us of a decision on
this matter by any particular date, except they venture the estimate that it
is possible for the Supreme Court to decide the matter by February 15, 1949.
HONORABLE CITY COUNCIL -2.. November 24, 194M
We are anxious, ready, willing and able to proceed with the performance
of the contract thus awarded to us. We understand, of course, that your
honorable body must insist that the matter be handled in such a way as to
comply with the applicable law and, of course, we join with you in such
view. We also recognize that our mutual protection requires the litigation
of this matter.
However, the undersigned bid for this work on the basis of material and
labor costs at the time the bid was prepared. Consequently, we feel we
are entitled to have some agreement with you concerning the length of time
we should be expected to hold ourselves ready to perform.
We are respectfully submitting to you at this time an agreement intended to
accomplish the purposes above noted. If it is satisfactory to you, we sug-
gest that your honorable body adopt a resolution authorizing the Mayor to
sign the same. Upon the adoption of such a resolution we are prepared, on
our part, to sign the same.
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