HomeMy Public PortalAbout917 (08-27-34) :�i::' � . ._ _
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RESOLUTION N0. 917
A RESOLUTION OF THE CITY COUNCIL OF,THE CITY OF
LYNWOOD, CALIFORNIA, APPROVING AND CONFIRMING THE
EMPLOYMENT OF SPECIAL COUNSEI, IN THE PROCEEDING
GRAEFE vs. CITY OF LYNUl00D, DISTRICT COURT OF
APPEAL OF THE STATE OF CALIFORNIA, SECOND APPEZLATE
DISTRICT, CIVIL NUMBER 9919.
The Cit,q Council of tLe Ci.tp of ?�ynwood does hereb,y adopt
the following preamble and resolution:
PlHEREAS there was issued by the District Couri; of Appeal
of tne Stateof California, Second Appellate �istrict, an alternative
writ of mandate wherein the City of Lynwood, the members of the City
Council, the City Treasurer and the County Tax Collector were respon-
3ents, wh.ich said writ was returnable before the said Court on the
lOth day of August, 1934, and r•Jhich said vm it commanded the levy of a'
tax of approximately �32,000.00 to provide for delinquencies in
Series ° Q" ��R "T" and ��V bonds� issued under the "IMPROVEMEPdT
BOND ACT OF 1915" or show cause on the return day of said writ wh�
they had not so done, and
WHEREAS, the City !:ovncil at a meeting thereof on,the
7th day of August, 1934; did authorize �nd direct the City Attorney to
appear in said proceeding on beY!alf of the City, the Cit,y Council and
the City Treasurer, �.nd to take the necessary and proper steps to contest
the application for � peremptory writ of mandate, and
WHEftEAS, the City Treasurer and the City Attorney �vere of
the opinion that by reaaon of' the extreme importance of the proceedings,
the total delinquencies under said Improvement Bond Act of 1915 being in
excess of �80,000.00, that the,best available counsel shoizld be employed
to aid and assist the City Attorney, and
WHEREAS, after thorough investigation the said City Treasurer
and City Attorney were of the opinion that Leon Thomas David, Pro£essor
� of Law at the University of Southern•:California, Attorney for the City of
Lakeport, and James H. MitcheTl, Special Counsel for the City of Lakeport
in the case of American Company vs. Cit,y of Lakeport, and
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WHEREAS the City Attorney'did, on the 8th day of Auguat,
. 1934, nogotie.te with the said Leon Thomas Dadid and James,H. Mitchell
for their empToyment as associate counsel on the £olloprin� basis:
That. they assist� in the prep�zration of the Ansi�aer,
Demurrer, i�otion to Quash, Points and l�uthorities,,and Brief in support
`•�:thereof; that theypersonally appear in'Court wi•th the Cit,y Attorney
- �on the return da,y of the Alternative VVrit :and at such -other time ss the
Court :set for argument; and: that the.compensation for 'such.services be
. the su3n of Five.Hv.ndred Dollars (�"500".q0) and °
� WfTEREAS the sai�'.negotiations could not be�approqed b.y
the-City Council prior to the return day of the writ since no meeting
',� of the Council had been called prior to said return day,'a.nd
V��:REAS, prior to the s�id r'etui�n a majority of ,said. Council
tivere. advised of said ne�otiations and did approve the same, and
�ldHEREAS the services of special counsel have been performed R
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in with said negotiati:ons.and appearances made by,them in
" � said Court the lOth, 13th, and 24th days of August, 1934, and
"` �AJHEREAS the said proceeding! was on the 24tn day of August;
1934, dismissed without nrejudice upon motion made by..the petitioner's
. attor.ney,
. NOVJ THERFFORE BE IT RESOLVED that the employmen•t.of
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'• Leon Thomas,David end James H. Nitchell as speciel counsel in. said
proceeding be and.the sAme is herebV annroved, and
IT IS FURTHER EESOLVED that the sum of Five .Hundred Dollars
�(�500.00) be an� the same'is hereby appropriated out of the General Fund
of the City.of Lynvrood, and 'that the necessary and proper officers of the
City of Lynwood be and they are rereby authorized and directed to pay
�, said Leon Thomas David and James H. Mitchell the said svm of Five ??undred
�, Dollars ($?500.00) by. warrant. drawn upon the General' �'und.
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,: PASSED AND ADOPTED by the Council of the City of Lgnwood,
this 27th day of August, 1934.
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� � � �'°"��`" = �`�"�� � � PCAYOR Ti' TNE CITt' OF LYNIVOOD. � �
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� �.'CETY��LF13K, CITY ,OF �YNV�'ODD.
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STATE OF CALTFORNIA, ) �
COUNTY OF.LOS ANGELES : ss.
CITY Ob' LYNWOOD ) �
� '.I, the undersigned City Clerk of the City.of Lynwood,
do hereby certifg that,the above'and foregoing Resolution was duly
..: ad_opted.by the Gity,Council of said City, at an adjourned regular.meeting
thereof held .in the City Hall of said City,.on the 27th day of August, 1934,
�- and gas�,se_cl� the following vote:
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r' ��`�� Councilmen Lake,.PJ[e,yer,. Sn,yder, Daet�^�eiler and Boster.
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. � �"�`°"' "' N�'es• None.
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