Ordinance 0426An Ordinance providirg for the settlement of the litigation be-
tween Willis T. Batcheller, Inc., and the City of Edmonds and for the
issuance of Warrants upon the water revenue fund of the City of Ed-
monds it the principal sum of Six Hundred fifty ($650.00) Dollars
with interest at six percert per annum, for the purpose of such
settlement.
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�r NHEREAS, heret 'ore, by Resolution lo.45, passed by the Cour-
oil of the City of or the eleventh day of June, 1928,
Willis T. Batcheller,, Inc., was employed as or_sultir_g Erigir_eer
to perform services it conrectior with the acquisition of a water
system for the City -f Edmords ar_d firarcirg ir_ correction there-
with; and,
H:1BAS, heretafore, after the performance of services under
the said Contract, staid Willis T. Batcheller, Inc., was discharged;
l� WiE LEAS, certa-r payments were made or, account of the said
Contract to the sai-- Ergireer, but the said Willis T.Batcheller,
Ire., still claims :iere is due to it under said Uortract a bal-
ance ir., the sum of 1,977.08, in addition to its claim, if any,
agair_st the Uonarch Construction Company and against the reserve
percertage under th:: Contract of said Monarch Constfuction Company,
held by the City of .Edmonds, on accour;t of engir_eerirg service,
claimed by the said `;`illis T. Batcheller, Ire., to have beer per-
formed after the t ` . - fixed for the completion of the Contract of
said Morarch Cors-. tfor Compary, the amount of which claim the
said Millis T. Bat--_�ller, Inc., asserts to be ir_ the sum of
$1,700.00; ar_d
WHEREAS, suit _: pending it the Superior Gourt of the State
of Washir_gton, in a- 3 for Snohomish Uourty, again t the City of
Edmonds, for the co-.? ectior of said balarc a of 977.08, and a-
gairst said monarch Construction Compary and said teserve percer_t-
ge in the sum of _:_700.00; and
WHMEAS, the s- I d Willis T. Batcheller Ire-., has proposed
'.. a settlemert o_' all controversies and claims between the
City of Edmonds ar_d __-id Willis T. Batcheller Ire., be made upor
the basis hereir.afte- set forth; now, therefore,
Be it ordaired -s follows:
SECTIUC 1: the 1dayor ar_d Cler'k: are hereby directed to
,&
ke, execute ar_d de, fiver to said Willis T. Batcheller Inc., nine
7Tarrarts or..� the Wat �� Reserve 2und of the City of Edmonds, fir_ the
total sum of $650.00 which said sum shall be accepted by Millis
T.Batcheller,Ir_c, in full settlemert of all claims of every kird
against the City of Edmonds, except the claim of the said Willis
T.Batcheller,Ine., for a1700.00 from the reserve percentages held
by the City of Edmo_:ds under the Cortrract with the-dorarch Construc-
tior Company.
Said Warrants s�_w71 all be dated the eighth day of Jar_aary,
930, and shall bear interest at six -oercent. per anrum payable
6Lt
maturity. ore of said Warrants shall be payable or the first
��ti.
_ay of Parch 1930, id ore on the first day of each calendar mort} h
thereafter. The fiv. of _aid Uarrarts first payable shall each
be in the principal :-um o= $50.00 and four Warrarts in the prin-
cipal sum of $100.00, and shall be signed by the Uayor arld Clerk
of the City of Edm. _ .-- and payable to Willis T. Batcheller,Irc. ,
or order.
SECTIO . 2: The said Willis T. Batcheller,Irc. , shall be er_-
itled 'go receive it addition to said Sam of.$650.00, to be paid
the Warrants abov_ authorized, such portion of the sum of
.700.00 as shall be awarded to it, either by judgment of the
�U Court or by settleme- t made between it and Morarch Construction
Corapar_y, it beir_g c .--ceded that the City of Edmonds has no claim
or the said s-um of W-.700.00, but is holding the same as a stake-
holder between said .. illis T. Batcheller, Irc. , and the Mor_arch
strict ior_ Compary.
SECTIOL 3: The City Lttorrey is authorized ar_d directed to
cause the suit row perdirg between, said Willis T. Batcheller,Inc.,
and the Uity of Edwor ds , upor, its said claim for $977.08 to be
` dismissed with prej...ice and without costs to either party, so far
! as said suit relates to the said claim.
SECTIOL 4: The City of Edmonds hereby acknowledges full com-
tALT
.raise and settl- _ t of all claims of ar.:y kind it may have
a.gairst said Willis _. Batcheller, Ire.
Ver
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Passed by the City Council of Edmords at its regalar meeting �O
this 7th day of January,1930. 0 DG�44
Attest; Geo.Ild.Leyda, Clerk. F.A.Fourtner, ;Mayor.
I hereby certify that the above ar_d foregoing is a true and
correct copy of Ordinance 1,-,o.426 of the City of Edmonds, Wash.
Ge o-M. Leyda, City Clerk.