Imperial Valley press. (El Centro, Calif.) 1907-current, 1931-09-03
SET TIE
PAVING
ACTION
White $3O,850.OO From
Judgment Against City
For Contractor.
INSTALLMENTS SET
Offer To Settle Comes
From Oswald; City Gets
Paving Plant.

Whiting $50, $50 from the amount
Of the judgment returned against
the city of Ell Centre and In favor
of George Oswald, paving con-
tractor, last fall, the city council
last night unanimously approved a
settlement whereby the city agrees
to pay ISL $50 instead of the $50 900
OF the Judgment. Oswald proposed
the settlement for this amount,
stipulating $l6.l50 be paid immed-
lately, and the remaining $35 900
at the rate of $4,000 annually with
interest at six per cent, payable
semi-annually.
Dorsey Whitelaw. city attorney,
recommended adoption of the res
olution by which the settlement
was approved.
Oswald will convey to the city
lots 20, 81. % and % in block 40,
together with certain personal prop
erty thereon. This is the paving
plant upon which litigation is
based.
Complaint in the action was filed
In superior court in June OF 1928
and the case has been tried twice
since that date. The city obtained
the Judgment in the first trial but
the decision was reversed by the
higher court and sent back for re-
trial OIL the issue of damages.
Entire Board Present
In speaking of the settlement this
morning, Whitelaw expressed HIM
self as being convinced that it was
the most satisfactory disposition OF
the matter. He also said that the
paynl,nts would not work hard
ship upon taxpayers and could be
handled easily by the city. The
fact that the entire board was
present and voted favorable upon
the resolution was pointed to with
satisfaction by Whitelaw.
Whitelaw made the recommended
ton for settlement after an ex-
haustive review of the facts of the
case, he said. and also stated that
he believed the residents Of the
city will be greatly benefited by
the action of the council.
First payment Sl6,l50. Is ex-
pected to be paid to escrow i'm
mediately after the next regu-
lar meeting of the council on
September 16. Bonds TO the
amount of $4,000 of $1,000 de-
nomination will be issued.
Oswald was represented by his
attorney. Ross T. Hickcox.
AT council meeting last night c.
A. Schafer was granted permission
TO operate undertaking parlors at
the corner of Seventh and Main
streets. The establishment former
ly was occupied by B. e. Lemons.
local undertaken.
Assurance that everything posi-
BILE is being done in regard to the
State street crossing at the South
ern Pacific tracks, was given to a
delegation from the State Street
Improvement association. The city
attorney was instructed to request
an extension of time for completion
of the crossing from the railroad
commission.
Kendall B. Perkins headed a
group of BARRIERS urging the passage
Of an ordinance regulating the
hours which BARRIERS may work in
the city. City Ordinance No. 345,
regulating the hours, was passed
to its second reading.
After a discussion with members
of the Imperial city council con-
corning the subject of sewer main
tenance, it was agreed that the per-
centage of cost of maintaining the
outfall sewer would be 20 per cent
to be paid by Imperial and 30 per
cent by Ell Centre. This percent
age, it was agreed, is to remain in
effect until it is shown that the
proportion of population h a S
changed to such an extent as to
justify a change.
Walter c. Macdonald, milk and
dairy inspector, was granted va
cation from September 81, to Oct
ober S. He stated that he planned
to attend the convention of the
California State Association Of Milk
and Dairy Inspectors in conjunc-
ton with the convention of the
League of Municipalities at Monte
rey.
The regular monthly demands
were approved.