HomeMy WebLinkAboutContracts & Agreements_6-1934 RESOLUTION NO. -"-�
RESOLVED that the r,layor and President of the Council
of the City of Redlands be, and he is hereby, authorized and
:instructed, and the City Clerk to attest for and on behalf
of the City of Redlands, that certain agreement dated the 19th
clay of December, 1934, by and between the City of Redlands,
as party of the First Part, and Alitchell & Johnson, as
party of the Second Fart .
AND BE IT RJR=ER RESOLVED that the Mayor is hereby
authorized and instructed to appoint two representatives of
and from the City of Redlands who, with the Mayor of said
City of Redlands, shall constitute the three members of the
Franchise Investigation Association from said City.
I, C. P. Hook - - , City Clerk: of the City
of Redlands, do hereby certify that the foregoing resolution
vias duly and regularly passed by the Council of the City of
Redlands at their regular meeting held on the_19th day of
Dec ember, 1934, by the following vote, to-wit:
AYES: Councilmen Maccubbin, Bruggemeyer, Krumm,
Stutt and idayor Fowler .
NOES : None.
ABSENT: None.
ity Cler o the City of
Redlands
T,�1ZY Q�CiiC�S
.,AROES H MITCHEI„i., 1111 V1�E LTi lT% JOTIN SOA`�7
MADISON 073
"WE W JOHNSON 333 ROOSEVELT BUILDING
7 OS .A:\"G�LI:S,C 1I,Ti'OId17��
�PGea1�7G 7th.,
l 0 3 4
10. �altor J. Aartzell
Ga. 'T 1 L LC}rney
City g=all
Redlands, Ca7 z°f'orri i a
Dear Sir.
In talking ,pith _,"a7or Fowler yesterday `r svLgest-
ed the advisability of hila oupointing the three
yerkers from the Gittir of Redlands to he Franchise
investigation Association in accordance ori th the
action taken by `a G association at rho convention
of the Lea ne in E'asadena. He su Eestod that i
draft t such a resolution and send a cony of it to
7ou for `j'ouT consideration and if satisfactory with
7-;Z-
-
IHI,I, i�GRLLIUENT _Z�rday Of
y made zxc erntezed into thIs
I C�34 a Muni-
D , by ,,ad beteen t1le CIt7 of
c, a], cor )oration
Party of tac, First ?art� herainafter referred to
7 u
-he T�Cit,79.� and TO El I SOHNSON
g- L-� ,, I
_�n de& ed %9 4 , zttOrne7s �at
le�wo now Located at 336 Roosevalt, Buildlng� cit? of .:,os
Co,�mty of oz Angei,,3, 6of Call "--f the Second
ret' errA "V-,, ana dke;_,iI,,uaLed a tlie IlkttorneYsn
L
tiler coonell 0We CLty is deslrous ofCOM-Del-
g t�ae -,�aymentp in tnt eaunoutical na a/,peda-ent manner f y
I a 0 an
has now, or as A c Yithln four 7ears from Wo dote heiewf, nny We-
gra, or tnWhone vires, or is nono- ora tinG, or nas oqerated within
eo.r ye�rn fron ON hereoff a Aront "r inbtraronn railway, up,n any
ublin stract or A�ghway, or sta,-3r ublic eIvoe in to City, or has
now, 01 41tbia four yeurs frow d to even f has <_d, locoken alone or
uoon nn7 ub; ,c nVuet -1 ' !Ivey, or jta�y _Ublic 21ee' anj gas
P7 'es for 'wo'Q "'ur -"Os-e 'f carry M; gan for j 1 t, neat or ower, or
XV5 or APes for Or"nsmitting Avetric,ty for 1dintp neat or power,,
Or Jerw, OhUtes Or wharves, exceot steaQ rallv&yz and except Ole-
,rnoh or telephone ! ones Win, an inmer-sWte &Aneso, and nny other
pevso% firm or corporotion rpouired b V- or controct to ny to the
0tv 0 f nefive toll oe Q nchvse tax, and any -ersun, fira oro r-
,Qrs .ion occuoWL or using any -ublve street, nQnway or oher t )ub-
1: 0 WKcay vh , co in nA noy required bv V or contract to )ay to the
Wtv a fr,nahise boll or fr .nch.be t ., but oa.ch, in the nninwon of
W 1, ; nA.Live body wi tis C Ly, AwuLd be raqa.red, nd Aa.ch w&7
be legally ob!Qed Q OnY for tan use and occupation of swen public
stre0t, WuYaY 01 Me! ALK ince. (Said person, firm or cornor-
ation xs AeTeinYjt*IPc4rPed to P1 OP ' ubik Utility) ,
A) Ne ownerA Mr-ater of We fruncalse, if any, Is-
sued to eica A s ,id Ake AMMa, nad Me" was be in force and
Wfuct. WAQW5 04a statement an to tLe Orn for h . ch snub fron-
class on& gr ted, mad 4 it be a street vnilrAod, Ma route tra-
vcised, thr oercentage.of gross annasl receipts, or other considera-
t"On nid, or which should be aid, W thp oity by each of said pub-
lic atllities.
Tan number of sileb of ublic street PQ Mjiaay,
%nd othQr ubQ pl-ces noA being used by each of said jublic utili-
VM. M tin event taere is A dMizence b-tseen t"a alleage of ub-
lic streets or b .1hymys any other ablic A, = no* in use by any of
sit ablic ptilitlao rIIG �_eju of AM used by such nublic
utikty daring anj jeor daring the pan"od of fjir yca-s. lrwnedia,tely
preceding the date of this contract, such dufference shall be noLed.
-2-
(d) The amount of money received from each of said public
utilities for each of the Max yeLrn i =Qiatell preceding the date of
thin contract.
(u) The wp;roxizate amount of noney due, owing and un-), ido
In the ojinion ofthe attorneys, from each of s- id oabllc utilities
for e ch of W of years immodi"bell nrooedin o the Ote of Ms cQa-
tr et.
Provided Vat it can be done wMoit the necessity of em-
loying additional help, thp My and eaw of K3 officers, emaloyees
and nefar tments shall furnish sucn stattstical Wormation. Knd diV.,
incl adinE the ;rnpar tion of saps, a5 shall N reasonably noes Lry
to facilitate the pre do of 4-10 comprehensive survey by Ve at-
torneys.
U.
ioyuoi�tnly U= We ensoletion V '"Cn Our ems, the at-
Orneys Kai! file the original thereof with We City Clerk, and
shall also file a copy with the City Englnear or City dansger
N.
in the eveaL that said hurvey saoss that any nublic util-
ities H indebted to tqz cty b:, iaason of 0 - one or occupation of
M nblic street, or highways, or otnez public placez, un jer Me pro-
visions A any 1 -0, oidwance, controct ur itheivise, the P
an necial counsel, steal L. ane they are n given the power and aa-
thority, to immediately collect such sums of money due the City, by
suit or otherwise, and, Mth Ve consent of the legIslative body of
the City, comdromise and 5ettle the claims of toe City for zudh sums
of noney due toe City as Qorasaidp an behalf of the City; providedO
4ovevar, if W Couacii of the City desirea, any claim or action at
shall appear and Drosecute said claims M all Pourts, aL n stages
of the proceedings, for and on behalf of the city.
V.
The City will reimburse the Aitorneys for aid reasonable
court costs actually waid out and expended by ie m in We DroseentOn
of said claims and actions.
vil
The Attorneys wil! furnish and pay f ;r atl angineering
and nccountinZ ervices that may be necessary in the druiar tion of
said survey on- rosecution of sail claims -nd actions in addition tis
that furaisaed by the City, as vrovided fur in Par alran 11 heieof�R
AM OP City shalL not be liable for any eyea we incurred ther-for.
vil.
In full consideration of We work performed by the Attor-
neys, 3 aprein provided, the 4ttoraeys shail receive ana bu entitled
to forty per cent (40%) of any and all sums 0 money recovered by the
City, direct17 1P Lndirectly, from aay dubUc utility by zoaown of
the workcantempInted herein to be nerf-rmed by tree At` orneya unier
Ve 7roviiions of this agreement, provided, ho.ever, sald attorneys
A 11 not be entitled to receive any poi tion of any franchise tolls,,
taxes and./orcharges Ei(,c�urin6 to the City from any pub] Le uU13 ty
from and after We date of the Ana! nayment of said cYim and/ thi;
gra te ofsatisfaction A the final judgaent based theteon, except as
crovided herein. NeitNex shall Me a0torneys receive any >ortion of
the franchise tolla, taxes and/or churgeso which We City in now re-
celvIng Or W moneys which the City ail hereafter receive and which
will be nail uoan the same basis es ° re com ,uted the frianne tojj �
Wen and/or charges now Wag paid.
Vill.
In view of to fact that We cost znil expen5e of the leg-
alo enginnering and accounting surveys ana reports nece-sary to per-
form toe work coatemplated by Me agreemont Q 2 such amount that
the nttorne7s would not be justified in carrVint o t said work for
said Oty upon the terms orovided forein witnout it being done as
a part of a concerted program of a namber of Noies, it is understood
and agreed that this contruct shall not be binding u-on the Attorneys
-Z-
uatil and unless a safficlent oei of cittes We entered into con-
tracts similar n substance to this contract. The Attorneys shall,
within sixty days from We ante of th s contr CO nOtifY WO City COun-
oil or the city as to whether or not the shall hive been secured a
suffixnt number of citiea to justify ;roceedinL with the work heruin
coatemplated.
IX.
The City agrees to par0cop ,te In proportion to Ve number
of othei contTectmag cities in the court costs of 0 test Cate or liti-
gation, if any be deemed necessary to adjudicate any islue naterial to
the detorninAtion of tAe right of the City herein to cQ11ect frunchWe
Ones.
In the event that It shall be determined Wit to city is
entitled to a franchise to for any deriod anti-dating four years imme-
diateiy preceding the date hereof, the amount thereof snail be included
in we amount in KIM We attorneys shall participate, as provIded b7
Paragraph V11 hereof.
For the purpose of aiding the City in the collection of
franchize taxes aad protecting the City in their r,ghts secured by rea-
son of W work done by the attorneyq the Attorneys stall eine and
report to to Council upoa Acnenise tax statements and dayments for a
period of two years from and after the date contemplated in Parigioph
V11 he for whi ca services the City snail pay the Attorneya Kenty-
five per cent (25%) of the amouat received by Ke Cityo directly or In-
d1loctlyo from an7 yublic utility, duriaz said two year period by rea-
son of the work contemplated herein to oe done by the Attorneys under
the provisions of this agreement; provid.ed2 hop thet the Attorneys
shall not receive any portion of the franenise tollsp taxes and/or
chargebo which the City is now receiving or any moneys thich the City
will hereafter receive, and which will be vd on the same ba6ls as
are computed the franchise tells, taxea and/or ah,rges now bKngvaid.
_z:-
X11.
The term "franchise tax" a6 used herein, shall be under-
,twod to mean any frLncnise tozo Q nchLze toll, ran his chorge ar
any sum if zoney requirea to aid bZ d nub is uti!W, as Wein
Wined, to the c1t for rye use anc/or occupation of its ublic
streets, aighways, or other ublic is under the orovisions of
any Inapplicable to We City, or any sum of money which may be oth -
eryi5e due Ve City for the oecapation and use of Its nublic streets,,
qlghways Lnd other nublic piaces.
ME
in the event of the death or disability of either of the
Attorneys arior to the comVetion of toe work herein provided, We
survivor theteof shall continue with the performeace of Via con-
tr ct, in which event all rights and obligations all enuro to, and
be obiigatory apon such survivor.
!N NITUM haLRLDF, Mv City hao Ler unt- causea Wese
presents to be sealed in accordance x1th a resolution passed nd
aY on the
dap W the oit Cuncof W& Olt of i&��Ij
aay of
L�- , t and the Attorneys have hereunto set tneir
hands, the day ana year first aoove written.
Id 'i
18 ! or
—
a funicipal CoTvorption,
By
Pres o C
the City of zi2&izli�-r—
Party of the FAst Part
ATTIST:
Q
City MIK if the City of
MICALOL & KUM
RLAULD t4at t gaWr uu Prchident Of tne
Wuncil of Ve City of sholi bex and no in atroby
huthulioed anu -ustructud W executep am Ve city Rem to attwst'
for ane an behalf of the City of W&L cuptAill
4L
agrenuent dated tais J4 d a y 0 f AUK-,—, 1014, bj na bet same
the City of ji jjjQjjJ as Party of the First Part, and
MITCHELL jUSN8GNp as party of Ve 6econd Part.
City Clerk of thQ City
of do hereby certify that the foiegoino resa-