HomeMy Public PortalAboutRES-CC-1957-no number 7June 28, 1957
Minutes of a special meeting of the Moab City Council held pursuant to call of
the Mayor, at 8:00 F.M. in the City Hall in the regular meeting place of the
City Council; legal and proper notice thereof having been given. Present were
Mayor J. W. Corbin; councilmen L. L. Robertson, W. D. McDougald, R. S. Parsons
and D. W. Allen (councilman E. R. Cook, Jr., absent from the city). Also
present were City Administrator and Recorder Ellis Foote, City Attorney A. Reed
Reynolds and Assistant City Engineer R. Coszens.
A quorum of council members being present on roll call, the mayor called the
meeting to order.
The mayor stated that the purpose of the meeting was to follow through and take
appropriate action indicated by circumstances resulting from that certain notice
of intention to terminate the contract given Mr. Ralph Child, served upon Child
pursuant to a resolution of the City Council duly passed and adopted at a regular
meeting held June 4, 1957.
After having fully discussed the matter of the contract with Ralph Child and
being fully advised in the premises, the following Resolution was adopted, to
wit:
RESOLUTION
WHEREAS, pursuant to Resolution of the Moab May Council Mr. Ralph Child,
Contractor, was given notice of intention on the part of Moab City to terminate
its contract with said gild unless within 10 days from the date of said notice,
which was June 18, 1957, certain corrective measures were aecompliahed, and
WHEREAS, the said Ralph Child hea failed to satisfactorily complete said
corrective measurea, particularly with respect to the Digester and Roof, and
Sludge Drying Beds, and
WHEREAS, the said Ralph Child has failed to perform his contract with the
City of Moab in other material respects, including but not limited to the failure
to pay material supplies and sub-contractdi to the extent of $24,489.83.
NOW THEREFORE, BE IT RESOLVED that the City of Moab hereby declares that the
contract dated April 24, 1956, made and entered into by the City of Moab and
Ralph Child is and shall be terminated, null and void and of no further force
or effect, and that all representatives of the said Child are to be instructed
to leave the site of the construction, and
BE IT FURTHER RESOLVED that the City of Moab take ghat steps are necessary
to enforce its remedial rights under the performance bond furnished to the City
by the Massechuseete Bonding and Insurance Co. on behalf of Ralph Child.
ADO THIB 28TH DAY OF dam, 1957.
Approved:
SEAL // Mayor
Atteet:
,/Yeen__
City Recorder
Notion to adopt the foregoing resolution was made by Councilman Robertson,
seconded by Councilmen MoDougald, and duly carried, those voting "Aye":
Councilman Robertson, NcDougald, Parsons and Allen; those voting "Nay" name;
Ceaneibeen Gook abets end neit vatlqs,
Whereupon, Nine: Corbin deplored time notion carried and the reenlotion adopted.
There being no further business, meeting vas adjourned at 8:30 P.N., on motion of
Councilman Allen, seconded by Councilmen McDoegald, and carried.
a�
Mayor
City Recorder
CERTIFICATE OF MINUTES
STATE OF UTAH )
COUNTY OF GRAND ) ss.
CITY OF MAD )
I, Ellis Foote, the duly chosen, qualified, and acting City
Recorder of Moab City, in the County of Grand and State of Utah, do
hereby certify that the foregoing page is a true, perfect and complete
copy of the record of proceedings of the City Council of Moab City,
had and taken at a lawful meeting of said Council, held at the City Hall,
in said City, on the 28th day of June, 1957, at tha hour of 8:00 P. M.,
as recorded in the regular official book of records of the proceedings
of said Council kept in my office, and that said proceedings were duly
had and taken as therein shown, that the meeting therein shown was duly
held, and that the persons therein named as present at said meeting
were present as shown by said minutes.
I do further certify that all the members of said Council,
except Councilman Ellis R. Cook, Jr., absent from the City, were duly
notified of said meeting and of the purpose therefor as required by law
and the rules and ordinances of said City.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal
of Moab City, this 29th day of June, 1957.
,Cee.
SEAL