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10/29/47
OCTOBER 29, 1947 The regular meeting of the City Council of the City of Bremerton was held in the Mayor's Office on Wednesday, October ~.9, 1947, at lO:O0 o'clock a.m. Mayor Kean presiding, ConEnissioner Haddon, Commissioner Gorst, City Attorney and City Treasurer being present. Motion by Mr. Kean and Nrs. Hadaon to approve minutes of last meetings as writ- ten, carried. Clerk announced this was day and hour set for hearing of Final Estimate of As- sessment, LID No. 9.34, Improvement of the Alley in Blocks 5 and 8, Phillips Addition and asked if there were any objections. Captain Z. E. Briggs, USN (Ret.), stated the job was very poorly done and was not according to the plans, as far as he could tell. Objected to the width of the alley, the slope-in, and the type of joints. Stated it was difficult to remove the wooden forms in order to put in his additional driveway. Mrs. A. G. Benbennick, 1427 Burwell, also objected to the assessment, stating the job was very poorly done and afraid it would not hold up but will break down in time. She said she didn't see why they should pay a full price for a poor Job. Mrs. R. E. Parr, 208 Anoka, stated she was not satisfied with the job and was pressnt at the meeting in the interest of other neighbors. Mrs. Benbennick presented a protest petition bearing her signature and ten others. Mr. Gorst discussed the job and agreed that it was a poor job. Oluf Johnsen, City Attorney, commented that he believed the Engineer should be consulted for advice and the hearing be continued until some date certain in the future so that various objections can be investigated. Motion by Mr. Corst and Mrs. Haddon to postpone the hearing for a week and the matter be referred to the City Engineer and the Committee of the Whole, carried, all members voting Yes. Mr. Gorst stated in connection with the hearing that the City would do everythin~ possible to right the trouble. ~ayor asked what obligation the property owners would have in the future if there is any adjustment to be made and was advised by Mr. Gorst that the property owners could not be assessed twice for the same improvement. Reports of Separation were read by Clerk as follows: Arne Hendrickson, Park & Recreation Department and Floyd Taft, Fire Department. Motion by Mr. Kean and Mr. Gorst to approve the separations, carried. Clerk read Changes in Pay Status for Edwin J. Hanrahan, Water Department; Willism A Bryce and Fred E. Whitte~, Building Department; Grace Ellis and Mary Jane Hudson, Recreation Department. Motion by ~lr. Gorst and Mr. Kean to approve changes in pay status, carried. Notices of Employment were read by Clerk for Eddie Jensen, Water and Hurley A. Higgs, Jr., Water and Ralph W. Baker, Water. Motion by Mr. Keau and Mr. Gorst to approve non-civil service appointments as read, carried. Clerk stated it was ~tme for opening bi~s for purchase of three solo motorcycle radios. Motion by ~r. Gorst and Mrs. Haddon to open bids, carried. Bid was opened and read from Motorola Inc., certified cheek enclosed for $50.00; furnish three 2-way FM Motorcycle radios for 2-wheel bikes for $450.00 each, FOB Bremerton, delivery approximately 180 days. Motion by Mr. Kean and ~rs. Haddon to refer to the City Clerk and Purchasing Agent for award if in accordance with specifications, carried. Clerk reported it was time for opening of bids for construction of a retaining wall at SW corner of 6th Street & Marion Avenue. Motion by Mr. Gorst and Mr. Kean to open the bids, carried. Bids were opened anm read from Hunsaker Brothers, $741.00, check attached for $S0.00; from Sam Linden, $990.00, bid bond for 5% enclosed. Motion by Mr. Gorst and Mr. Kean to refer the bids to the City Engineer and City Clerk and Purchasio~ Agent for compilation and recommendation. OCTOBER 29, 1947 (Cont'd) Clerk stated he had a note from City Mechanic for disposal of 50 01d batteries. Motion by Mr. Gorst and Mr. Kean that the batteries be declared surplus and the Purchasing Agent be instructed to dispose of them to the best interests of the city, c ar ri e d. Application was read by Clerk from R. C. Williams, Grotto Cafe, 525 - Fourth Street, for permission to install pinball machines. Application has been approved by Chief of Police and noted thereon that the location was former licensed. Motion by Mr. Kean and Mr. Gorst to approve the application, carried, all members voting Yes. Letter was read by Clerk from Patricia Callaghan, Secretary, Associated Women Students of Olympic Junior College, dated October 2?, 1947, requesting permission to have the closing hour Of a dance scheduled for November 1st moved up from 12:00 o'cloc~ a.m. to 12:30 a.m. Discussion ensued and City Attorney pointed out that the ordinance would have to be amended if perm~ission were to be granted. Motion by Mr. Kean and ~r. Gorst to deny the request, carried. I,~r. A. F. Reeves, 1417 Burwell, appeared late for the hasting and stated he was in protest of the job. He was advised that the hearing was postponed for one week. Clerk read letter from City Auditor recommending paying claims twice a month in- stead of each week, time to be second and last Wednesdays of each month. Clerk stated he was for the recommendation and that allowance would be made for emergency claims. ~.~otion by Mr. Kean and Mrs. Haddon to concur in the recommendation and that bills be allowed semi-monthly, carried, all members voting Yes. Letter dated October 29, 1947, from City Engineer, was read by Clerk stating that it was recommended the petition for improvement of Terrace Street be denied because of the percentage of opposition to such improvement. Motion by Mr. C~rst and Y~r. Kean to concur in the recommendation, carried. Letter dated October ~9, 1947, ~om C.i. ty Engineer, wa.s read by Clerk, recommendin payment of Estimate No. 5 in the amount of $5,~50.28, from the fund of LID No. ~29, State Development, to Contractor, M. Moschetto. Motion by Mr. Gorst and Mr. Kean to approve the recommendation, carried. Clerk reported he had received Quitclaim Deed from Federal Works Agency to P~o- ject Nos. 45-26V-F and 45-901-F (Sheridan Park Fire Station Site, Westpark Fire Sta- tion Site, ~anette Fire Station Site, Capitol Hill Fire Station Site, including the improvements thereon); also had Bill of Sale for two Dodge Fire Trucks including ap- pul-tenances and accessories, together with 2,000 feet of B~" hose and 1, O00 feet of l~" ~ hose, and other miscellaneous equipment contained in the fire stations. Clerk read letter dated October 24, 194V, from L. R. Durkee, Division Engineer~ which acknowledged receipt of City's certified checks and stating the Quitclaim Deed and Bill of sale for the fire fighting facilities had been handed to the City Treasurer Motion by Mr. Kean and Mrs. Haddon to note the contents and that the deed be recorded, carried. Clerk stated he would check on the insurance covering the fire fighting facili- ties just received from the Federal Works Agency. Letter dated October 28, 1947, from Chief of Police, was read by Clerk, recom- mending that one desk and chair be decl'ared surplus an~ disposed of to the best in- terest of the City. Motion by ~r. Kean and Mr. Gorst to refer the matter to the City Clerk and Pur- chasing Agent and if there is no further need for it that Council concur in the recom- mendation, carried. Clerk reported that it was time for renewal of the service contract between the City and Burroughs Adding Machine Company covering the billing machines of the Water Department. Clerk stated the service rate had been increased over last year; however, it is necessary to have the machines serviced regularly and recommended that the contract be entered into. Motion by Mr. Kean and Mrs. Haddon to approve the recommendation of the City Clerk and that the City Clerk and Purchasing Agent be authorized to sign the contract, carrie d. City Attorney read Resolution No. 6~3 as follows: BE IT RESOLVED by the City Council of the City of Bremerton in regular session assembled; That ~t a public election to be held in this city on the 6th day of December, 1947, there shall be submitted to the qualified voters of the City for their approval and ratification, or rejection, an amendment to the Charter of the City of Bremerton by adding thereto Section 66 a, Article XVII, which shall read as follows: Sec. 66 (a) "All claims for damages for personal injuries or for injuries to property sus- tained by any act of the city or any officer, agent, servant or employee, must be pre- sented to the City Council and filed with the City Clerk within thirty (50) days after the day when such claim accrued. All such claims for damages must be in writing and verified and must accurately locate and describe the act causing the injury, describe OCTOBER 29, 1947 (Cont'd) RESOLUTION NO. 623 (Cont'd) the injury, giving the residence for six (6) months last past of the claimant and con- tain the items of damage claimed. No action shall be maintained against the City for any claim for damages until the same has been presented to the City Council and sixty (60) days have elapsed after such presentation;" and BE IT FURTHER RESOLVED that the City Clerk shall cause the foregoing charter amendments to be published for at least thirty days next preceding the election in the official newspaper of the City of Bremerton. Passed by the City Council of the City of Bremerton, signed by the Mayor and attested by the City Clerk in authentication of such passage this 29th day of October, 1947. Motion by Mr. Kean and Mr. Gorst to adopt the resolution, carried, all members voting Yes. City Attorney stated he had prepared another amendment relative to changing the date of city election From the first Monday in December to the first Saturday in December. Mayor stated this had been contemplated to conform to the public schools election date. A discussion ensued with James W. Bryan, Sr., and R. G. Cook, of a local union, participating with members of the City Council. It was pointed out that the schools had set their date apart from the other elections because they held a different type of election and had problems of a school nature only; that the school district would no doubt be against having a regular city election held on the day chosen by them for settling school elections and problems. Motion by Mr. Kean and Mr. Gorst not to consider the change of election date, carried, all members voting Yes. John C. Merkel, local attorney, read a letter dated October 28, 1947, from himself to the City Council, which proposed that the City Council submit a City-Manager plan of government as a charter emendment at the forthcoming special election. Dis- cussion followed participated in by Mr. Merkel, J. W. Bryan, Sr., R. G. Cook and E. W. Holbrook, representatives of certain local unions. Mr. Holbrook stated he was in the meeting as a matter of coincidence and that the Central Labor Council had instructe~ its legislative committee to study city-manager government and if found advisable to advocate it. It was pointed out by City Attorney, City Clerk and Mayor that there wasn't time to prepare such an amendment aa this date, inasmuch as publication must start ~aturday, November l, 194V, and City Attorney stated he would not want to under- take to draw up an emendment at such a late date for proposing a city-manager form of City Government. Mayor suggested that possibly an election could be held early next year if the people wished to vote on city-manager Form of government. City Attorney read Resolution No. 624 as follows: BE IT RESOLVED by the City Council of the City of Bremerton that a special ele- ction be held in said city under the supervision and direction of the county supervisor of elections for Kitsap County, Washington, on the 6th day of December, 194V, aU which time the following amendments of the Charter of the City of Bremerton shall be sub- mitted to the qualified electors of said City for approval or rejection. PROPOSITION NO. 1 An amendment of Section 6 of Article II of the City Charter, fixing the salary of the Mayor in the sum of Five Thousand Five Hundred Dollars ($5500.00) per annum and the salaries of the other two commissioners and City Clerk in the sum of Four Thousand Eight Hundred Dollars ($4800.00) per annum each. For Proposed Amendment Against Proposed Amendment PROPOSITION NO. 2. An smlendment of Section 15 of Article III of the City Charter, permitting the publication of ordinances in the offici_al city newspaper by title only. For Proposed Amendment _ Against Proposed Amendment _ PROPOSITION NO. 3. An amendment of Section 1V of Article III of the City Charter, making certain expenditures and reductions in revenues contemplated by ordinances adopted by the electors unlawful until the next succeeding budget takes effect. For Proposed Amendment Against Proposed Amendment PROPOSITION NO. 4 An amendment to Section 24 of Article V, of the City Charter authorizing other than general Fund warrants to be issued in anticipation of uncollected revenues. For Proposed Amendment Against Proposed Amendment PROPOSITION NO. 5. An amendment of Section 30 of Article VII of the City Charter increasing the size of expenditures which the City Purchasing Agent may make without advertising for bids an~ permitting the City Council to direct that public improvements may be done by the City without advertising for bids. For proposed amendment Against Proposed Amendment OCTOBER 29, 1947 (Conrad) RESOLUTION NO. 624 (Cont'd) PROPOSITION NO. 6 An amendment of Section 52 of Article XIII of the City Charter, authorizing the amendment or repeal by the council of ordinances enacted by vote of the people after itwo years following their enactment. For Proposed Amendment Against proposed Amendment PROPOSITION NO. 7 An amendment of Section 58 of Article XV of the City Charter authorizing the Coun- cil to levy taxes in a sum not to exceed that authorized by the constitution and laws of the State of Washington. For Proposed Amendment Against Proposed Amendment PROPOSITION NO. 8 An amendment of the City Charter requiring all claims for damages for personal injuries or for injuries to property against the City to ~e presented and filed within thirty (30) d~ys sfter accrual, and limiting the time for actions thereon. For Proposed Amendment Against proposed Amendment Every voter voting in said election who desires to vote in favor of any of sa~d propositions shall place an "xt' in the square opposite the words "For proposed Amend- ment'' as hereinbefore set forth in each proposition. Every voter.voting in s~d election who desires to vote against any of said propositions shall place an "x" in the square opposite the words "Against Proposed Amendment" as hereinbefore set forth in each proposition. BE IT FURTHER RESOLVED by the City Council of the City of Bremerton that a speeial election be held in said City under the supervision and direction of the county super- visor of elections for Kitsap Cpunty, Washington, on the 6th day of December, 1947, at which time the following proposition shall be submitted to the qualified electors of said City for approval or rejection. PROPOSITION NO. 9 Shall the City Council of the City of Bremerton be authorized to levy a tax of four mills on all of the taxable property in the City of Bremerton in the year 1948, in addition to the fifteen mills al low§d by law for general purposes, for the purpose of constructing a public swimming pool upon property owned by said city for such purpose. For Special Levy Against Special Levy Every voter voting in said election who desires to vote in favor of said proposi- tion shall place an "x" in the square opposite the words "For Special Levy" as herein- before set forth in said proposition. Every voter voting in said election who desires to vote against said proposition shall place an "x" in the square opposite the words "Against Special Levy", as herein- before set forth in said proposition. BE IT FURTI~R RESOLVED that the polls in said election be open from 8:00 o'clock a.m. to 8:00 o'clock p.m. on said date of election and all qualified electors who shall be inside polling places at 8:00 o'clock p.m. be allowed to cast their ballots at said election. Notice of such election shall be given by publication in a newspaper in the city of Bremerton having general circulation therein, the date of said publication to be not less than fifteen days prior to the date of election and by posting a copy of such notice at each polling place for said election not less than fifteen days before the date thereof. The county supervisor of elections of Kitsap County shall provide places for holding said election and for that purpose may consolidate voting precincts, shall appoint the precinct election officers and provide for their compensation and shall provide ballot boxes and ballots, poll books and tally sheets, and deliver them to i to the precinct election officers at the polling Places and shall publish notice of i said election and shall apportion to said City the costs and expe~mes of such election, !all pursuant to Chapter 182 of the Laws of the State of Washington adopted at the '1947 session. The election officer in each precinct shall receive and deposit the ballots cast i thereat in the ballot box in such precinct and shall count said ballots and make re- : turn thereof to the County Election Board which Board shall canvass the returns of ~ said election and issue its certificate with respect to such canvass. In addition, the City Council shall canvass the vote cast at such election. FI;~ALLY, BE IT FURTHER RESOLVED that the City Clerk of the City of Bremerton be instructed to certify a copy of this resolution to the county supervisor of elections of Kitsap County, Washington, and the County Election Board thereof. ' Passed by the City Council, signed by the Mayor and attested by the City Clerk in authentication of such passage, this 29th day of October, 1947. Motion by Mr. Kean and Mr. Gorst to pass the resolution, carried, all members voting Yes. OCTOBER 29, 1947 (Cont'd) City Attorney read letter dated October, 1947, from himself to City Council, rela- tive to the Community Building at Sinclair Park, which stated the Housing Authority has no objection if certain alterations are made to the building by the National Guard. Letter recommended that permission be granted the National Guard to make the altera- tions. Attached to City Attorney's letter is letter from E. C. Searle, Executive Dire, tot, Housing Authority, stating they have no objections to the alterations proposed providing they become a part of the premises and not subject to removal at a later dat~ by the tenant. Also attached is a sketch showing the work contemplated. Motion by Mr. Kean and Mrs. Haddon to concur in the recommendation and refer the matter to the City Clerk and City Attorney for any further necessary action, carried. City Attorney read Resolution No. 625 as follows: WHEREAS the County of Kitsap, State of Washington, foreclosed· its lien for general taxes upon the following described real property, to-wit: East ten (10) feet of Lot 13, Block ll, L.S.Rowe's Addition to Bremerton, according to the official plat thereof, situated in Kitsap County, State of Washington, an~ said property was struck off to the said county of Kitsap at the tax foreclosure sale; and WHEREAS there were delinquent assessments against the said property, payable to o~ or more local improvement districts in the City of Bremerton, aD~i the City of Bremerton did pay to Kitsap County the taxes thereon as by law provided and now has a treasurer's deed for said property, and the City of Bremerton desires to sell said pro- perty to pay the taxes and delinquent assessments against the property; and WHEREAS the City Council of the City of Bremerton is of the opinion that said pre- mises are of the fair market value of $150.00, and it appears that the City of Bremer- ton has received au offer to purchase said premises for said sum from Clyde N. Mos- barger and Mettle M. Mosbarger, his wife, and the City Council believes that a sale of the said premises for that amount is for t~ best interests of the City of Bremerton; N0~M, THEREFORE, BE IT RESOLVED by the City Council that the Mayor and City Clerk be and they are hereby authorized and directed to sell said pr~nises to Cl~.de N. Mos- baEger and Mertie M. Mosbarger, his wife, for the total purchase price of $150.O0, and for that purpose to execute a deed in the name of the City of Bremerton in favor of the said Clyde N. Mosbarger and Mettle M. Mosbarger, his wife, and to deliver said deed to the grantees at such time as the said purchase price has been paid in full. Passed by the City Council of the City of Bremerton, signed by the Mayor and at- tested by the City Clerk in authentication of such passage this 29th day of October, 1947. Attorney also read Quit Claim Deed. Motion by Mr. Ke~n and Mrs. Haddon to pass the resolution and to correct the spel- ling in the resolution from Mettle to Myrtle, carried, all members voting Yes. C~ty Attorney read Resolution No. 626, as follows: WHEREAS, the City of Bremerton, a municipal corporation of the State of Washington is the owner of certain lands in Kitsap County, Washington, more particularly described as follows, to-wit: Part of Lots 13, 14 and 15, Bremerbon Heights Addition~ Section ~2, Twp. 24 N. R.1 E.W.M. Begin at the S.N. corner of Lot l~, Bremerton Heights Add., thence N. 0°53'39'' E. along west margin.of said Lot 15 a distance of 49.8~ feet; thence E. ~4.70 feet to intersect the S. line of Lot 13; thence S. 48°03'47'' W. ?4.88 ft. to point of beginning. and, W~REAS, said lands were purchased for the use of the Water Department of said City but are not required for the purpose of the said Water Department or for any other municipal purpose; and WHEREAS, the City of Bremerton has received an offer of Sixty ($60.00) dollars cash for the purchase of said premises and a sale for that price has been recommended by the City Water Superintendent; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bremerton that the Mayor and City Clerk thereof be and they are hereby authorized and ~irected to sell said premises to Merle Forney upon payment of the purchase price of Sixty ($60.00) dollars; and for that purpose to execute and deliver a deed in the name of the City of Brcmerton to said Merle Forney at such time as the purchase price has been paid in full Passed by the ©ity Council, signed by the Mayor and attested by the City Clerk in authentication of such passage this 29th day of October, 194~. ..... Motion by M~. Gorst and Mrs. Haddon to pass the resolution, carried, all members voting Yes. Motion by Mr. Kean and Mrs. Haddon to allow all bills if approved by a majority of the con~nission, carried. OCTOBER 29, 1947 (Cont'd) Mayor briefly mentioned the meeting held in Bremerton relative to the sewage dis- posal systems for this area. Mayor reported that the County Commissioner did not take any action on the forma- tion of the Health Board, due to Klinefelter's absence. Motion by Mr. Gorst and Mr. Kean to adjourn, carried. !APPROVED: C~y Cle~ ~ Mayor