HomeMy WebLinkAboutCC RESO 4851RESOLUTION NO. 4851
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 BARBER AND BREEDEN,
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.__Tih
clay of Decepber , 19 48 , by the following vote, to -wit:
AYES: Councilmen Adams, Curry., Matthews, Thatcher, Fritz
NAYS: Councilmen NOn_G?
ABSENT:
ATTEST:
None
Mayor o#the City of National City, California.
Resolution
I hereby approve the foregoing { this 7th_day of. ___fl C.ember , 19_48
Mayor of the City of National City, Calif
I hereby certify that the above and foregoing is a full and true copy of
of the I Resolutions
l Ordinances
Resolution
Ordinance
} No
} of the City of National City, California, as adopted by the City Council of said
City, and approved by the Mayor of said City, on the day of 19
City Clerk of the City of National City, California.
Deputy
BL1.RB110R if& BRFWDLN
ENGI NEERI NG CONTRACTORS
WALTER H. BARBER
7309 El Cajon Blvd.
La Masa, California
Homeland 6-3192
Honorable City Council
The City of National City
City Hall
National City, California
Gentlemen:
H. R. BREEDEN
611 No. Willow St.
Compton, California
Newmark 1-4553
December 3, 1948
On October 19, 1948, your honorable body awarded to the under-
signed a contract for the furnishing of all materials and
construction of sanitary 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. #3.
According to said notice, the successful bidder will suffer a
-forfeiture of his bid bond if he refuses to enter into the con-
tract so awarded after being requested so to do by your honor-
able body.
You have advised us that the only city funds available to pay
this contract are certain moneys on deposit in the Capital Out-
lays 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 at-
torneys 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 October 19, 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 commence an ac-
tion 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
BARBER .F BRLLDIEN
ENGI NEERI NG CONTRACTORS
WALTER H. BARBER
7309 El Cajon Blvd.
La Mesa, California
Homeland 6-3192
-2-
H. R. BREEDEN
611 No. Willow St.
Compton, California
Newmark 1-4553
venture the estimate that it is possible for the Supreme Court
to decide the matter by February 15, 1949.
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 recog-
nize 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 satis-
factory to you, we suggest 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.
Yours very truly,
Walter H. Barber & H.R.Breeden