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COMMON COUNCIL PROCEEDINGS
SPECIAL MEETING OF THE COMMON COUNCIL OF THE CITY OF WAUKESHA, WISCONSIN, HELD IN THE COUN. CIL ROOM ON FRIDAY EVENING, NOVEMBER 17, 1933, AT 7:30 O'CLOCK P. M., ON THE FOLLOWING CALL ISSUED BY ACTING MAYOR FRANK L. ROBERTS:
"A Special meeting of the Common Counc" of the City of Waukesha, Wisconsin, is called for Friday evening, November 17, 1933, at 7:30 o'clock P. M., for the purpose of considering proposition from the State Board of Deposits and the Personal Sureties of the National Exchange Bank in regard to settlemen. of the 30 per cent of funds belonging to the City of Waukesha which were on deposit in the National Exchange Bank at the time of closing on the 23rd day of September, 1932 Signed-Frank L. Roberts Acting Mayor.
Ald Roberts. President of the Council presiding
Also present Ald Atkinson, Koll Litt, Potts Suter, Willis (11). Absent Ald. Meyer.
City Funds Nat. Exch. Bank Resolution presented by City Attorney. "WHEREAS an action has been commenced and is now pending in the Circuit Court of Waukesha County by the City of Waukesha as plaintiff to recover a deposit in the sum of $41,569.87 which sum the City of Waukesha had on deposit in the National Exchange Bank on September 23, 1932; and WHEREAS, there is now tendered into Court by the Waukesha National Bank. one of the defendants in said action. the sum of $29,098.91 or upwards thereof: and WHEREAS, the personal sureties, defendants said action. and the Board of Deposits of Wisconsin defendant in said action. have offered to accept and assume liability for $12,470.96 of the said total sum on deposit in said National Exchange Bank as aforesaid, the same to be paid in the following manner: $2,470.96 to be paid by the Personal Sureties to the Clerk of said Court in said pending action, and $10,000.00 thereof to be paid by the said Board of Deposits, $4,000.00 of said $10,000.00 to be paid in cash and the balance by lawful evidences of indebtedness issued by said Board of Deposits; and WHEREAS, the said Personal Sureties are to pay to the City of Wankesha, in addition to said sum of $2,470.96, one half of the portion of said $10,000.00 not paid in cash, to-wit: the sum of $3,000.00, and are to receive from the City of Waukesha one half of all payments made by the said Board of Deposits to the City of Waukesha from time to time in the discharge of and payment of said sum of $6,000.00. and are to receive from the City of Waukesha an assignment of one half interest in the said evidences of indebtedness of said Board of Deposits. NOW THEREFORE BE IT RESOLVED by the Mayor and Common Council that the City Attorney be and he is hereby authorized and instructed to enter into a stipulation providing for a dismissal of said action hereinbefore referred to on the merits and without costs to any parties thereto, and to make and enter into such motions or stipulations or instruments in writing as may be necessary to dismiss claim of the City of Waukesha against the Receiver of the National Exchange Bank and said Personal Sureties, providing the Personal Sureties pay to the Clerk of said Court the sum of $2.470.96 and the further sum of $3.000.00. and that the State Board of Deposits pay to the Clerk of said Court or to the City of Waukesha the sum of $4.000.00: and provided further that the said Board of Deposits stipulate to issue in due time proper acknowledgments and evidences of indebtedness to the City of Waukesha for said $6,000.00 and that all parties to this action stipulate to have the Court enter an order directing the Court to turn over to the City of Waukesha the said sum tendered by the Waukesha National Bank into Court. and moneys paid to the Clerk of said Court by the Personal Sureties and by the Board of Deposits as set forth in the preamble to this resolution: and provided that the Board of Deposits of Wisconsin stipulate through its attorneys to accept an assignment if the claim of the City of Waukesha in the sum of $10,000.00. BE IT FURTHER RESOLVED that the proper city officers be and they are hereby authorized and in"tructed to execute such papers instruments as they are instructed to execute by the City Attorney in order to settle the entire as hereinbefore referred to this-day of November, 1933. Approved this-day of November. 1933. Total members of Council Ayes Noes— Absent