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1954-2440Anaheim RESOLUTION NO. 2 40 A RESOLUTION OF THE CITY THE CITY OF ANAHEIM AUTHOR 41 G l APP VI A 0 iP OM SE SETTLEMENT OF THE ACTION INSTITUTED BY V.C.K. CONSTRUCTION COMPANY AGAINST THE CITIES AND SANITARY DISTRICTS OF THE ORANGE COUNTY JOINT OUTFALL SEWER UNDER DOCKET NO. 593 OF WHEREAS, heretofore, on or about the 25th day of October, 1952, an action was commenced in the Superior Court of the State of California in and for the County of Orange by Hiatt J. Vukojevich, Philip Chutuk, and John Kordich, partners doing business as V. C. K. Construction Company, plaintiffs, against the Cities of Fullerton, Anaheim and Orange, and the Buena Park, Garden Grove, La Habra and Placentia Sanitary Districts for the sum of 4p27,127.O2, for crushed rock alleged to have been used by said plaintiffs in the construction of Units I and II of the 1'iagnolia Trunk Sewer and Pumping Plant and Force Main under the contract awarded to them by said Cities and Sanitary Districts, and made and entered into on the 26th day of January, 1951; and WHEREAS, said plaintiffs have offered to accept 2,500 in compromise settlement of said action; and WHEREAS, the City Council of the City of Anaheim finds that it would be to the advantage and for the best interests of the Cities and Sanitary Districts of the Orange County Joint Outfall Sewer to accept said offer and compromise and settle said action for said sum; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the compromise settlement of the hereinabove mentioned action for the sum of c2,500 is hereby approved and authorized and that Preston Turner, attorney for the Orange County Joint Outfall Sewer, be and he is hereby authorized to compromise and settle said action for said sum, and the City of hereby agrees to pay its proportionate share of said sum, together with court costs and attorney's fees incurred in 15th day of June, 195 said action. AND BE IT FURTHER ;RESOLVED that the City of Anaheim, as contracting agent for said. Qltles and Sanitary Districts of the Orange County Joint Outfall Sewer, be and it is hereby authorized to pay said sum to said plaintiffs. and to pay the court costs, attorney's fees and other expenses necessarily incurred by the attorney for the Orange County Joint Outfall Sewer in the defense of said action and in the compromise settlement thereof, and to furnish to the City of Anaheim a statement of its proportionate share thereof, THE FOREGOING RESOLUTION is signed and approved by me this ATTEST: (SEAL) CITY CLERK OF THE CITY OF ANAHEIM MAYOR OF THE CITY OF ANAHEIM STATE OF CALIFORNIA) COUNTY OF ORANGE ss. CITY OF ANAHEIM I, CHARLES E. GRIFFITH, City Clerk of the City of Anaheim do hereby certify that the foregoing resolution was passed and adopted at a adjourned regular meeting of the City Council of the City of Anaheim, held on the 15th day of June, 1954, by the following vote of the members thereof: AYES: COUNCILMEN: Pearson, Fry, Schutte, Wisser and Van Wagoner. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: None. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 15th day of June, 1954. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 15th day of June, 1954. City Clerk of the Ci y of Anaheim