HomeMy WebLinkAboutAgenda Statement 1979/12/04 Item 14CIIY OF CHULA VISTA
COUNCIL AGENDA STATEMENT
Item No. 14
For meeting of 12/4/79
ITEM TITLE Resolution 9~~.Z- Appropriation of Funds for Payment of Judgment
in Lawsuit, Nelson v. City of Chula Vista
SUBMITTED BY City Attorney
ITEM EXPLANATION (4/5TH'S VOTE REQUIRED YES X NO_)
As noted at the meeting of November 27, 1979, the City has
been held liable in the lawsuit of Nelson v. City of Chula
Vista for inverse condemnation and the City does have an
obligation to pay the judgment of $15,000 which, with
interest to date, is now $18,150. That judgment is due
and owing at the time the decision was rendered by the
Superior Court. Certainly, the only reason for delaying
the payment of the judgment would be if the City were to
appeal that decision. Such an appeal seems totally un-
warranted.
Therefore, it is the recommendation of the City Attorney
that the judgment be paid with interest and the question
of reimbursement by the subdivider is a collateral matter
and will probably be satisfied in a reasonable period of
time. In discussions, with the Director of Finance, he fully
concurred that any attempts to delay the payment of just and
due claims based upon the premises that the investment of such
funds would produce significantly higher interest than the
interest legally allowed by the courts, 70, would not be
acceptable. Although the matter might be completely resolved
if the developer chooses to immediately reimburse the City,
it is primarily the City's obligation to insure the payment
of the judgment. The reimbursement by the developer is a
matter of contractually imposed liability and does not in any
way affect the basic liability of the City for the damages
resulting from the subdivision design as approved by the City.
EXH1H11S
Agreement Resolution x Ordinance- Plat_ Notification List_
Other ENVIRONMENTAL DOCUMENT: Attached- Submitted on
FINANCIAL IMPACT
Appropriation of $18,150 is required from the unappropriated
balance of the General Fund, to be p];aced in Account No.
100-0700-5233.
STAFF RECOMMENDATION
Approve resolution
BOARD/COMMISSION RECOMMENDATION
COUNCIL ACTION
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Form No. F-229 ~" ~ `
12/73 ;~.~ /-7~!
CERTIFICATE OF CITY/DIRECTOR OF FINANCE
Certification of Unappropriated Balance
I HEREBY CERTIFY that the money required for the
appropriation of funds for the purpose set forth in the attached
resolution is available in the Treasury, or is anticipated to
come into the Treasury, and is otherwise unappropriated.
Amount S 18,150.00 Funa General
Purpose Payment of Judgement in Lawsuit, Nelson V. Chula Vista
Bidder N/A
r
100 0700 5233 'i`'/~
,-~ ' :-
Director of Finance
The City of Chula Vista
Date 11/26/79 By
Certification of Unencumbered Balance
I HEREBY CERTIFY that the indebtedness and obligation
to be incurred by the contract or agreement authorized by the
attached resolution can be incurred without the violation of any
of the provisions of the Charter of the City of Chula Vista, or
the Constitution or the laws of the State of California, that
sufficient monies have bean appropriated for the purpose of said
contract, that sufficient monies to meet the obligations of the
contract are actually in the Treasury, or are anticipated to come
into the Treasury to the credit of the appropriation from which
the same are to be drawn, and that said monies now actually in
the Treasury, together with the monies anticipated to come into
the Treasury, to the credit of said appropriation are otherwise
unencumbered.
Amount Not to Exceed $
Director of Finance
The City of Chula Vista
Date
Fund
Purpose
Bidder
~~72
By
Dept./Activity
Certificate No. 44