HomeMy WebLinkAbout08/11/60 August 11, 1960
Special meeting of the City Council of the City of Bremerton, Washington, was
held August 11, 1960 at 2:00 o'clock P.M. in the Council Chambers with Mayor Domstad
presiding. Present were Commissioner Clark, Commissioner $choneman, City Clerk
Gowan and City Attorney Holland. Also present was member of the press,
Mr. ]~mstad stated this special meetins was called in connection with the matter
of the Manette Reservoir.
Mr. Clark stated he had wanted to make a motion yesterday concerning the Manette
Reservoir case but had not ~en certain of its leoal effect.
Motion by Mr. Clark ant Mr. Schoneman to instruct the City Attorney to accept the
memorandum decision of the court and take no further steps to effect an appeal.
Mr. Holland stated that whatever has been done on th s case has nothing to do
with the wisdom of the agreement ~tween the City and Purvis Const. Co. but that as
any agreement signed by the Mayor and Clerk it was to ~ defended, he believed. Mr.
Holland stated he must always protect the client and eliminate contigencles. He ex-
plained a contigency might appear if something happened to change one or more of the
Council members thereby possibly changing the thinki~ of the Council wherein an appeal
may be requested of the City Attorney.
Mr. Holland explained that if he does not argue before the judge on Monday and
the Council should change its wishes and decides to appeal he would have no basis on
which to appeal. Mr. Holland reiterated the reason he has been insistent in going in-
to court, assuming the judge would not c ange his decision, would be to leave the way
open to go to supreme court.
Mr. Holland stated he would like to have the privilege of going to court Monday
to present his brief, making an argument and point out errors and then come back to
the City Council showing them his file and discuss the background of the case and lea-
ve it up to the Council for the next thirty days to see if this is the best possible
situartion or wait until see what ~urvis does.
Mr. Holland stated if he did not go to court on Monday, then Purvis could sue the
City; that he could sue for either $2,800.00 or $9,600.00 and the City could lose ei-
ther way.
Mr. Clark s tared he believed the possibility of two cof~issioners being killed
was hypothetical and if the Judge should change his decision there would be a certain
loss of ~2,800.00; also, that it is Mr. Purvis, worry if he wants to either appeal
this decision or sue for $9,600.00.
Mr. Holland stated that Purvis' action is dependent on what the court does Monday.
Further discussion was held on what Mr. Purvis might do regarding extra concrete
and what the city might do on the liquidated d~ages.
Also, discussion was held on extension of time of the contract which never came
before the Council.
Mr. Clark con~ented after this last duscussion that he understood there was a
letter to Mr. Casad from Mr. Cunningh~n in which he stated he never recommenOs exten-
sions of time when it it 2he fault of the contractor.
Mayor Domstad called for the roll on the motion which was given as follows: Mr.
Domstad, abstained; Mr. Clark, yes; Mr. Schoneman, yes.
Mayor Domstad stated that anyway the matter turns out is wonderful to him; that
he voted previously on .the recommendation of the ~2,800.00 agreement because the re-
commendation csm~e from the late Mr. Casad and the late Mr. Wheaton, and Mayor said he
thought they were in a position to make the recommendation.
Meeting adjourned.
APPROVED: City Clerk
Mayor