HomeMy WebLinkAboutReso 1983-11229
RESOLUTION NO . 11229
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA PROVIDING FOR THE SPECIAL APPROPRIATION OF
FUNDS IN THE NDUNT OF $46,000 FDR THE FULL SETrLE..~ A~
REIR7\SE OF CLAIMS BY SIG\IS & PINNICK roR THE GRADING AND DRAINAGE
IMPIDVEMENTS ON EAST "H" STREET IN THE CITY OF CHULA VISTA
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, the City Council of the City of Chula Vista is
authorized by Section 1005 of the City Charter to amend or supplement
the annual city budget by the affirmative votes of at least four
members at any meeting after its adoption, and
WHEREAS, the contractor, for the grading and drainage inprovenents for
East "H" Street in the City of Chula Vista, Signs & Pinnick, has heretofore submitted
a c~aim dated November 19, 1982 in the amount of $90,499.20 for damages resulting pri-
rrarll y from losses as a result of alleged errors in the plans and srecifications and
the issuance of neN borrov site plans, and -
WHEREAS, after negotiations of said claim, settlerrent has been agreed
upon by the claimant and the City Council in the amount of $46,000, which amount is
intended as a full and conplete settlerrent and release of any and all claims of said
East "H" Street project and a copy of said release is attac.1ed hereto and incorporated
herein by reference as if set forth in full.
NOW, THEREFORE, BE IT RESOLVED by the City Council ~f the
Ci ty of Chula Vista that the sum of $ 46,000.00 be approprlated
from the unappropriated balance of the Gas Tax Fund to be plaCEd in
Account Gr 141
for the purpose hereinabove set forth.
BE IT FURTHER RESOLVED that the Director of Finance be, and
he is hereby directed to record this Council action in the accounting
records of the City.
Presented by
Approved as to form by
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Ceorge D. Lindberg, City Attorney
Ceorge D. Lindberg, City Attorney
Form No. 330
Rev. 7 -82
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 10th day of May
19 83, by the following vote, to-wit:
AYES: Councilmen Malcolm, Moore, McCandliss, Scott, Cox
NAVES: Councifmen None
ABSTAIN: CMcilmen None
ABSENT: Councilmen None
~e,
e C~y of Chula Vista
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) s s.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California,
DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 11229
,and that the same has not been amended or repealed.
DATED
City Clerk
( seal)
CC-660
WI LLlAM HILLYER
OSCAR F. IRWIN
WESTCOTT GRISWOLD
NORMAN R. ALLENBY
HENRY J. KLINKER
BROWN B. SMITH
JAMES G. EHLERS
JACK G. CHARNEY
JAMES E. DRUMMOND
PETER J. IPPOLITO
GARY S. HARDKE
HOWARD A. ALLEN
JONATHAN S. DABBIERI
CATHLEEN J. GILLILAND
STEPHEN P. WADSWORTH
HOWARD E. SUSMAN
JOYCE A. WHARTON
LANN G. MciNTYRE
MICHAEL E. LYON
KENNETH J. STIPANOV
HILLYER & IRWIN
CURTIS HILLYER (1872-1951)
A PROfESSIONAL CORPORATION
ATTORNEYS AT LAW
CALIFORNIA FIRST BANK BUILDING
530 B STREET-14TH FLOOR
SAN DIEGO, CALIFORNIA 92101-4479
TELEPHONE 234-6121
(AREA CODE 619)
IN REPLY REF"ER TO
OUR F"llE
5447.28
May 9, 1983
BY MESSENGER p.m.
Office of the City Attorney
City of Chula Vista
276 Fourth Avenue
Chula Vista, California 92010
Attn.: George D. Lindberg
RE: Claim of Signs & Pinnick, Inc. for Money Damages,
Contract for Grading and Draining Improvements for
East "B" Street, City of Chula Vista.
Dear Mr. Lindberg:
This letter will confirm our phone conversation of this
date wherein you indicated to me that the City Council had approved
a settlement of our client's claim in the referenced matter for
sum of $46,000. Upon payment of that sum, our client hereby agrees
to dismiss its claim on the referenced project, and furthermore
agrees to release any and all claims on said project. To simplify
matters, this letter may serve as that release of all claims on said
project.
Should you require any further information or documentation
from us, please let me know. It is my understanding that you will
try to place this matter on the May 10, 1983 docket, and in no event
later than the May 17, 1983 docket, for formal resolution by the
Council and final payment.
JGE:JH
cc: Signs & Pinnick, Inc.
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ill~ANIMOUS CONSENT FORM
IT IS HEREBY REQUESTED by the undersigned that the following
item, with the unanimous consent of the City Council of the City of
Chula Vista, be considered and acted upon by the Council pursuant
to the provisions of Sec.2.04.090 of the Chula Vista City Code.
Resolutionl/J,).! - Providing for the Special Appropriation of Funds in the ArrrllIDt
.
of $46,000 for the Full Settlerrent and Release of Claims by Signs & Pinnick for the
Grading and Drainage Irrproverrents on East "H" Street in the Ci- ty of Chula Vista
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(Signature)
Unanimous Consent of the City Council, as
signatures:
CA-30l