HomeMy WebLinkAboutCC Res 1929 1970-12-07
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RESOLUTION NUMBER / f .;J. Y
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEAL BEACH, CALIFORNIA, AUTHORIZING COMPROMISE
AND SETTLEMENT OF AUGUST 17, 1970 VERIFIED CLAIMS
OF C. LEE RISNER, JR., AGAINST THE CITY OF SEAL
BEACH, AND AUTHORIZING PAYMENT AND EXECUTION OF
RELEASE THEREUNDER.
WHEREAS ,
on August 17, 1970, C. Lee Risner, Jr., the claimant herein,
the former City Manager of the City of Seal Beach, presented
and filed a verified money claim against the City of Seal Beach
in the total demanded sum of $27,052.20; and
WHEREAS,
extensive settlement negotiations have been conducted between
said claimant and his legal counsel on the one hand, and the
City Council and the City Attorney on the other hand; and
WHEREAS,
said negotiations have resulted in the proposed compromiae and
settlement of claimant's said claim wherein the City of Seal
Beach will pay claimant the sum of $14,000.00 and release him
of and from all claims and demands and the claimant will likewise
release the City of Seal Beach and the members of the City Council
thereof from all claims and demands; and
WHEREAS, the City Attorney has prepared and endorsed his approval upon
appropriate written forms of Releases of All Claims for execution
by claimant and by the City;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH does hereby resolve
as follows:
1. The Mayor and the City Clerk are authorized and directed to execute and
attest on behalf of the City of Seal Beach its Release of All Claima in favor
of C. Lee Risner, Jr., in the form prepared and approved by the City Attorney;
and
2. The said August 17, 1970 verified claims of C. Lee Risner, Jr., are hereby
audited, approved and allowed by the City Council in the sum of $14,000.00 only
and is found and determined to be authorized, correct and legal, in said amount,
and the Mayor is authorized and directed to draw and execute and the City Manager
to countersign a warrant upon the City Treasurer in said amount of $14,000.00,
less appropriate payroll deductions and State Retirement contributions as computed
by the finance department, in favor of C. Lee Risner, Jr.; and
3. Upon delivery to the City Manager of claimant's Release of All Claims, duly
executed and acknowledged by claimant, and in the form prepared and approved by
the City Attorney; the City Manager is authorized and directed to deliver the
City's Executed Release of All Claims in favor of C. Lee Risner, Jr., and to
pay to him the said sum of $14,000.00, less payroll deductions, and retirement
contributions, as aforesaid.
PASSED, APPROVED, AND ADOPTED by the City Council, ~f the Ci~ of Seal Beach,
California, at a meeting thereof held on the 7'"o/day of ~,,~~."",~, 1970,
by the following vote:;), ~ _
AYES: Councilmen bho, ~ .....<<:'
NOES: Councilmen
ABSENT: Councilmen ~
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C lerk
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Resolution Number
RELEASE OF ALL CLAIMS
WHEREAS, on December L 1970, by ~esoluti~n Number /q,;q the City Council
of the City of Seal Beach did approve and effect a comp~e settlement of
an August 17, 1970 Verified Claims of C. Lee Risner, Jr., against the City of
Seal Beach; and
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'WHEREAS, as part of said compr6mise settlement, the said City Council, by
said resolution, did authorize and direct the Mayor and the City Clerk of the
City of Seal Beach to execute and attest a Release of All Claims in favor of
C. Lee Risner, in form approved by the City Attorney;
NOW, THEREFORE, the CITY OF SEAL BEACH, a municipal corporation, does hereby
forever RELEASE AND DISa~GE C. Lee Risner, an individual, of and from all
claims, demands, actions and causes of action of every kind and nature whatso-
ever.
IN WITNESS WHEREOF, the foregoing Release of All Claims has been executed by
the Mayor, and attested by the City Clerk, for a~on behalf of the City of
Seal Beach, a municipal corporation, on this 7:7 day of December, 1970 at
Seal Beach, California.
ATTEST:
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APPROVED as to form:
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, Jim ~tson
Interim City Attorney
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Resolution Number
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RELEASE OF ALL CLAIMS
The undersigned, C. LEE RISNER, JR., herein called Claimant, for a valuable
consideration, the receipt of which is hereby acknowledged, does hereby forever
RELEASE AND DISCHARGE the City of Seal Beach, a municipal corporation, and Messrs.
Morton A. Baum, Conway J. Fuhrman, Lloyd E. Gummere, Harold K. Holden, and Thomas
R. Hogard, as Members of the City Council of said City, all and from all claims,
demands, actions and causes of action of every kind and nature whatsoever,
including, but in no wise limited to, any claims or demands arising out of or
in any way connected with: (a) that certain June 29, 1968 employment AGREEMENT
between the City of Seal Beach and C. Lee Risner, Jr., (b) that certain June 29,
1970 AMENDMENT TO AGREEMENT between the same parties, (c) Resolution 1868 adopted
by the City Council of the City of Seal Beach on June 29, 1970, (d) any services
rendered by claimant to the City of Seal Beach in connection with the Mary E.
Robertson dance license revocation hearings in August and September, 1970, as
authorized by the City Council on August 3, 1970, and (e) any damage or loss,
if any, to the character, reputation or professional career of Claimant caused
by, or resulting from, any action taken by the City Council of the'City of Seal
Beach on July 27, .1970.
Claimant acknowledges and agrees that this RELEASE shall extend to any and all
claims and demands of the claimant, whether the same are now known to claimant
or suspected by him to pre~ently exist or otherwise, and in that connection,
claimant does hereby expressly waive and relinquish the effect and the benefits
otherwise conferred upon him by the provision of California Civil Code Section
1542, which reads as follows:
"A general release does not extend to claims which the creditor does
not know or suspect to exist in his favor at the time of executing the
release, which if known to him must have materially affected his set-
tlement with the debtor."
IN WITNE~S WHEREOF, ~underSigned Claimant has executed this Release of All
Claims on December I: , 1970 at Seal Beach, California.
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Resolution Number
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) S8
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On this 1)/ day of December, 1970, before me, a Notary Public, personally
appeared C. LEE RISNER, JR., known to me to be the person whose name is
subscribed to within instrument, and acknowledged to me that he executed same.
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APPROVED as to form:
@ lld'l~IAL SEAL
FE'I :\l C, !i;::!.I-/YSON
.. ..1 NOTARY PUSLlC-CALIFORNIA t
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. I \tyC.11"'1'lis:., "i..,.;m,'s~"::r...24,1972 I
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Attorney