HomeMy WebLinkAbout12/17/47 DECEMBER 17, 1947 /
The regular council meeting of the City Council of the City of Bremerton was hel
in the Nayor's Office at the City Hall on ~ednesday, December 17, 1947, at 10:O0 o~clocR
a.m. Ma~or t~e~ presiding, Co~isstoner Haddon, Cor~issioner Gorst, City Treasurer,
City Attorne~ and Attorney ~ierrill Wallace being present.
Motion by I~[r. Kean and Mr. Gorst to approve minutes of previous meeting as
written, carried.
Clerk a~o~ced this is the time set for opening of Oids on T~pewriter ~d Add-
ing Machine Service.
Hotion by Hr. Kean and Mr. Gorst to open the bids, carried.
Bi~s were opened ~d read by Clerk as follows:
Tri-Co~ty Typewriter Comply, ~818 Kitsap Way; Certified Check No. 367, amo~t
~24.97; Bid ~o~t $499.41, plus 3% State Sales T~ of $14.98.
Peninsula Stationers, 322 Pacific; Certified Check ~2909, $50.00; ~o~t of Bid
'~)VlO.00 plus $21.30 State Sales Tax.
Motion by I.{r. Kean and Mr. ~rst to refer the bids to City Clerk and Purchasing
A~ent and City Auditor, carried.
Clerk anno~ced it is also time for the opening of bids on printing revised
zoning ordinance.
Motion by Mr. Kean and Mr. Gorst to open the bids, carried.
Bid~ ~v~e opened s~d read by Clerk as follows:
Kitsap County News, P.0.Box 252; Plates, zinc etchings, $12.50 each, type page
size. COST PER PAGE 100 copies, $9.50; 200 - 9.85;. 500 - 10.95; lO00 - ]2.65; COV~
100 - 9.10; 200 - 10.95;-500 - 16.40; lO00 - 25.25; Alterations after completed copy
is submitted will be charged at hourly rate in addition to above quotations. Check
enclosed ~50.00.
Sun Co}~ercial Press, 545 Fifth; Certified Check No. 281, ~50.00; 8xll page
size and body set in 8 point type, 100 copies - 12.20 page; 200 - 13.15; 500 - 14.47;
1000 copies - 15.72; Printed pages from zinc plates, ~awings f~nished by City, 100 -
20.91; [300 - 21.17; 500 - 22.12; 100 - 23.60; Cover to be 4 pages to wrap arced body
of book with ~ page only printed, 100 - 21.10; 200 - 25.05; 500 - ~6.45; 1000 - 55.80.
FletCher and Company, 262 Burwell, Check {~50.00; First 100 copies, $25.00; Plate
pages {~30.00 each; type pages $25.00; Additional lO0's to ~d including 1000 copies;
per pa~e per 100 copies, both type and plate pages, {~30.00; 4 cover pages, first 100
~ ;~5.00 per page; 4 cover pages for additional 100's to ~d including 1000, $2.50 per
page. l~.iotion by Mr. Kean ~d Mr. Gorst to refer the bids to the City Clerk, City Audit~r~
City Engineer and Hr. Fulmer, Chairm~ of Planning & Zoning Co~ission, carried.
Clerk further anno~ced it is time for the opening of bids for chlorine ~d sm-
monia for the year of 1948 for the Water Department.
Motion by Mr. Gorst ~d Mr. Ke~ to open the bids~ carried.
Bids were opened and read by Clerk as follows:
Hooker Electrochemical Comply, P.O.Box 1646, Tacoma 1, Washington; Certified
Check No. 46~97, ~$~0.00; Liquid Chlorine, .10 per potmd.
Pennsylv~ia Salt, 2901 Taylor Way, Iac m 1, Washington; Certified Check No.
3491, ~85.50; Liquid Chlorine, 10~ per po~d.
Snell 0il Comply, 1219 Westlake North, Seattle, Washington; Certified Check No.
19041, ~;30.00; anhydrous ~onia, 17~ per po~d.
Motion by Nr. Gorst and Hr. Kean to refer the bids to the City Clerk ~d Pur-
chasing Agent and Water Superintendent, carried.
It was stated by Clerk that it is also time for the openinS of bids on Official
Publications for the year of 1948.
Motion by I.,ir. Ke~ and ~. ~rst to open the bids, carried.
Bids were opened and read by Clerk as follows:
t(itsap Cowry News, P.O.Box 252, Bremerton; C[~ck No. 625, $50.00; 50~ per col~
inch, set in six point type, solid.
Bremerton S~, 545 Fifth; Certified Check, 2911, ~50.00; 7V~ per co!~u inch,
8 point ideal type, set in 12 em col~s.
I.!otion by Mr. i(ean and Mrs. Haddon to refer the bids to the City Clerk and Pur-
chasing Agent and City Attorney, carried.
Clerk ~no~ced it is time for the opening of bid for furnishing new ~bossing
Nachine ~d sale or trade in of one used Graphotype machine.
~,btion by Mr. Gorst ~d Mr. Kean to open the bids, carried.
Bids were opened ~d read by Clerk as follows: Addressograph Sales Agency, 1813
Seventh Avenue, Seattle 1; ~.,lodel 6340 Series Graphot~e, ~995.00 plus 3~ Sales Tax.
Delivery in approximately lS weeks, f.o.b. Cleveland. Trade in allow~ce, $7~.00.
Model 6Z80 Series 87, $109~.00, f.o.b. Clevel~d,plus sales tax, delivery ap-
proximately 20 weeks. Certified Check No. 4~18Z, $80.00.
~.[otion by ~[r. Corst and Hr. Kean to refer the bid to the City Clerk ~d Purchas-
ing Agent and ~Vater Acceptant, ~d if it is in order, bid to be awarded, carried.
DECEMBER 17, 1947 (Cont'd)
Mr. Wallace was present at the meeting representing l~r. Brigham, who has a lease
on tracts 36 and 37. Hr. Brigham's lease is to expire in ~iay 1948, and he has quite
a substantial investment in that area, and wishes to have a long term lease, would
like a ten year lease, but if that is too long would appreciate a five year lease with
an option for another five years.
Mrs. Haddon suggested there should be some provision in a lease for cancellation
if due notice is given.
Motion by Hr. Kean and Mr. Gorst to indicate Council's willingness for a 5 year
lease at the same rate as at present and refer to the City ~ttorney to work with ~r.
Wallace and protect the City's interests, carried.
Clerk read t~eports of Separation for: Nyrl R. Snyder, ~ater; and Marshall Cas-
troni, Cemetery.
Motion by i~r. ~(e~ and ~r. Gorst to approve separations, carried.
Changes in Pay Status were read by Clerk for the following: Harold R. Diedrich,
Police and Lewis M. Harris, Park & Recreation.
Motion by Er. Kean and Mr. Gorst to approve Changes in Pay Status, carried.
Clerk read Notices of Employr~ent for William N. Bumcrot, Cemetery; J. Dewey
Favero and J~es Snell, Park & Recreation.
Hotion by Er. Kean and Mr. Gorst to approve temporary non-civil service appoint-
ments, carried.
Letter from Superintendent of Water Department addressed to Commissioner of Pub-
lic ~orks and Utilities was read by Clerk re disposal of merchantable timber from the
watershed. Letter states it is necessary to cut alder trees around Alexander Lake, an~
intention was to burn them but it was learned some had value and an offer of ~20.00
per thousand was made. Reco~ends any timber which must be destroyed or removed be
declared surplus and City Clerk be authorized to dispose of such timber. Considerable
down timber which might become a fire hazard and removal of same would benefit water-
shed and bring some returns to the department as well as contribute to demand for
building ~aterials. Req~lests City Council approve disposal of alder to Harmon Nanu-
fact~ring Company of Tacoma and it would have been burned had it not been disposed of.
Motion by Mr. Gorst and ~r. Kean to approve the recommendation and the City ClerM
and Purchasing Agent be instructed and authorized to attend to the sale, carried.
Clerk read letter from City Emgineer re Installation of Heaters Civic Recreation
Building, Change Order No. 3, which states in original plans four old heaters were to
be reinstalled in Fire Station #1, with excess piping to be retained by the City.
Planned to lea~e the 5th heater in place. New heaters will adequately heat the build-
ing eliminating the 5th heater. To reinstall the heater in fire station will require
about 50 feet of one inch pipe, leaving 100 feet in excess. Standard Plumbing &
Iteatiz~g has agreed to accept excess pipe in lieu of payment of installation of fifth
heater. Change will require additional time of ten calendar days to DecemUer 27,
1047 for completion of Contract.
Motion by Mr. Kean and Mr. Go rst to approve reco~endation and the City Clerk
notify City Engineer at his earliest convenience, carried.
Letter from Department of P~blic Health was read by Clerk reminding of second
~o~athly meeting of Bremerton-Kitsap County District Board of Health to be held at
2:00 p.m. on Wednes,Jay, December 17, 194~, in the ~ayor~s Office at the City Hall in
Bremerton. Signed Floyd R. Town, Secretary.
Mayor suggested contents of letter be noted and letter filed.
Clerk read letter from Puget Sounders, Inc., 611 Fourth Street, Bremerton, re
ideas for stimulating business and industry. ~any residents desire to volunteer a-
sistance but ability to help is minimized by ocbupat~onal demands. Writer has covered
wide territory and varied improvements were discussed. President Harry Mitchell and
others feel it would be a good idea to establish a Bureau in Eastern Washington to
direct tourists into this section before leaving the state. Appeals to the ~ayor to
arrange early evening meeting for serious business at which time Puget Sounders will
be prepared to present a formula for a program which should place entire County in
better position, capable of attracting and holding new people, new wealth and industry
and local enthusiasm. Puget Sounders could handle 80% of the work and feel favorable
results would be noted in 1948 with reasonable cooperation. Copies of letter are
sent to Commissi hers, and Press of Kitsap County, to civic clubs, realtors and Im-
provement Councils, with suggestion that each President and one or two members attend
proposed Little Development Congress. Signed A. P. Carroll, Manager.
~ayor commented apparently Puget Sounders wish to get people together and explai~
the matter in detail and wish the City Oouncil to provide a meeting place.
~dotion by Mr. Kean and Mr. Gorst to acknowledge receipt of the letter and state
Council will be glad to reserve Recreation Center for a public meeting of this kind,
at a time selected by the Puget Sounders and request they carry on the outlining of
progr~n and invite those that they think should attend, carried.
(City Clerk to contact Recreation Center and find out what times it will be
available early in January and Submit several dates from January 10th to January 31st
which are available.
DECEN'~IBER 17, 1947 (Cont ~ d)
Letter from Washington State Patrol addressed to the I¥Iayor was read by Clerk,
requesting all vehicles under his jurisdiction be put through Vehicle Safety Znspectionl
La~es by January 31, 1948. Listed various locations of safety lanes and dates open.
Signed If. W. Algeo, Chief.
l~,~otion by };Ir. Kean and Mr. Gorst to acknowledge the co~ication and the City
Clerk be directed to notify all department heads to have the cars in his department
make arrangements for inspection at their earliest convenience, carried.
(Clerk also to send copy of letter to department heads, .also the Housing Author-
ity. )
Clerk presented "Notice of Hearing" from Department of Public Utilities re ap-
plication of Puget So~d Power & Light Company for increased rates for space heating.
Heari~g to be held in Room 212, New Field Artillery Armory, Third North ann Harrison
Street on Dec~mber 22, 1947.
~,.~otion by ~Ir. Kean and I~rs. Haddon to note contents ~m file ~d make letter
available to the press, carried.
Petition was presented by Clerk with 69 signatures, 1st signature Roy ~. Butts,
Rte. 6 Box 3136, Bremerton, enclosing resolution on sewage treatment facilities.
Su~;estion made to note contents and file.
Clerk presented Claim Voucher covering Payroll for 2nd half of November, 1947,
Salary ~arr~t Nos. 4416 to 4764, Inc., and 4782 to 4787, Inc., ~o~t ~38,933.16.
!,~otion by Mr. Kean and 1..~r. Gorst to approve voucher, carried.
City Treasurer reported on the matter of the ~sposal of the old Fire Station
which was referred by motion to Treasurer to sell on sealed bids. Reported he had
received a n~ber of inquiries and had talked the matter over with the City Attorney
re lea;ality of an auction sale on the property, possibly to have the station open on
the day of the auction at 9:00 or 9:30 for inspection. Suggested date of such sale be
11:00 o~olock a.m., January 8, 1947, ~d asked that the Council rescind the motion of
December loth that the sale be by sealed bids ~d make sale by public auction with a
minim~ price of ~5,000.00.
i~otion by Mr. Ke~ and Mrs. IIaddon to rescind the motion of December 10, 1947,
and direct the City Treasurer to dispose of the 01d Fire Station to the best interests
of the City, camried.
Treasurer further reported his office had received delinquent slot machine tax
from the Bremerton City Club, on which they have been working for the last 3 months.
City A~torney reported he had received a letter from Jack Taylor, State Pollu-
tion Commission, dated December 15th, acknowledging receipt of attorney's letter of
December 3, relative to the right of way for sewer across the harbor area. The matter
is now in the h~ms of the Attorney General's office and an opinion is expected early
in the week.
Resolution which was passed by Planning & Zoning Co~ission was read by City
Attorney, re re-classification of certain property from Residential 1 to Residential 2.
Attorney further read Ordinance No. 1759, entitled as follows:
AN ORDINANCE ~ending Use and Area Maps of Ordinance No. 1553 and declaring an
~ergenoy.
Motion by Mr. Gorst and ~r. Kean to pass Ordinance No. 1759, carried as follows:
]~.~r. Kean, yes; ~.~rs. Haddon, yes; ~.~r. ~rst, yes.
Attorney further reported that Nr. Richard F. Galleher of Bonaire Service, 108
Second Street, had contacted him in reference to the maintenance of a public lavatory
athe Second Street ~ck. Mr. Galleher proposes to maintain the rest rooms and if
necessary close them at night if they become a problem, in eachange for the privilege
of using them.
~,~otion by Mrs. Haddon and ~.~r. Kean to direct the City Clerk or City Attorney to
write ]¥~r. Galleher that his request is approved, carried.
Attoi~ney reported the assessed v~uation of property in Bay Theatre area has not
yet been received from the County Assessor. Further reported Hr. Iverson the owner of
the garage and service station in that area had offered to circulate the petition, ~d
the City Attorney feels when the valuation has been received the City will be in a
good position to have the petition circulated and signed.
City treasurer stated that someone from his office will go to the County Asses-
sor's offico and get the assessed valuation figures.
?.irs. Haddon suggested that a resolution be prepared, or a letter written to Mrs.
Rex iIaines on the death of her husband.
~,~otion by Mrs. Haddon and [~r. Kean that the City Attorney prepare such letter
to ~,~rs. Haines, carried.
Mayor enquired on acquisition of ~rmitory "B". Clerk reported a voucher had
been submitted but has not been returned as yet.
Motion by I~.lr. Kean and ~.,~rs. Itaddon to allow all bills if approved by a majority
of the ~ol~is~ioners, carried.
Some discussion ensued re purchase of various government housing, but no action
was contemplated.
DECE~iB~ 17, 1947 (Cont'd)
Discussion also took place on possibility of use of Sheridan Dock whil~ the
bridge was being repaired, but it was stated no action should be taken tmttl plans are
completed which will probably be in the next month.
Some discussion ensued re Health Board, and if it would be wise to have someone
present to take minutes even though Dr. Town was acting as Secretary.
Motion by Mr. Kean and Mr. Gorst to recess to Friday, December 19, 1947, at
10:00 o'clock a.m., carried.
V ~ ~.layor
DECEMBER 19, 1947
Recessed meeting of the City Cot~cil of the City of Bremerton was held in the
Eayor's Office at the City IIall on Friday, ~ecember 19, 1947, at ten o'clock a.m.
Eayor Kean presiding, Co~mmissioner Haddon, Commissioner Go rst, City Treasurer, City
Attorney, ~r. Jack Rogers of Kitsap County News, his attorney, Mr. Ralph Purvis, and
L~r. Alex 0ttevaere of the Bremerton Sun.
Clerk read letter from the City Engineer re printing of revised zoning Ordin-
ance, and tabulating bids received. Letter stated Planning Co~aission reconmends
aw2rd to Kitsap County News on a unit price basis and contract executed. Auditor
detezmtined there are monies available for 'the project under 194V budget.
~otion by ~r. Kean and Mrs. Haddon to concur in the recommendation and award
the bid as recommended, carried.
Letter from City Clerk addressed to Mayor and City 0ouncil was read by the Clerk
re reco~tendation on award of bids for m~monia and chlorine for the ~ater Department.
~atter has been discussed with Mr. Gorst ~d Mr. Jarstad, and reco~ends bid for
monia be awarded to Shell 0il Company and Chlorine bid awarded to Pennsylvania Salt
i& Manufacturing Company.
Motion by Mr. Cmrst and Mr. Kean to approve recommendation smd award the con-
tract as reco~nended, carried.
Letter from City Clerk and City Auditor was read by Clerk recommending award on
contract for servicing office equipment to Tri-County Typewriter Company in the sum
of i~499.41 plus 3% sales tax.
Motion by ~gr. Kean and ~rs. Haddon to concur in the reco~nendation, carried.
Clerk read letter front Clerk and City Attorney to ]~ayor and City Council re
award of contract for advertising for the year 1948. Bid of Kitsap News is low, but
reco~,~.~end that bid be rejected for the reason the newspaper is not published and
printed in the City of Bremerton as required by Section 3 of Ordinance No. 192.
Further opinion is that the bid is not the best because Kitssp News is a weekly pub-
lication and there are instances where it becomes desirable to publish notices within
a shorter space of time than a weekly publication would permit. Further note the
circulation of Bremerton Sun far exceeds that of the Kitsap News. Recommend the bid
of the Bremerton Sun be accepted. Sigmed Fred C. Wyckoff and 01ur Johnson.
Jack Ro~ers spoke first and stated he had understood the matter of the 190V
ordinance would be brought into it, and stated that under the terms of the ordinance
the contract should be let in February, and if Com~cil is to follow the city ordinance
in strict interpretation on publishing and printing in the city of Bremerton, it shoul~
also be followed in so far as the date is concerned. Further felt some consideration
should be given to ~ending the 190V ordinance to strike out the words "printed in
t?!e City of Bremerton." Further remarked that it would become unnecessary for the
City Council to advertise for bids if only one newspaper can qualify, and if only one
newspaper can comply then what is to prevent that newspaper from bidding ~10.00 per
coltur~a. Further remarked either a city w~ts competitive bids or does not want com-
pe~itiYe bids.
~r. 0ttevaere stated he would like to speak in rebuttal, and that the Council
has the right to reject any or all bids, and that it would be necessary to establish
the fact that rates are fair in regard to other rates other retail merchants would pay.
The larger the circulation, the higher rate would be necessary. Feels that the Coun-
cil is justified in accepting the recommendation in view of the fact that people do
want to read these notices. Also, the Council is buying advertising in the same sense
as any other retail merchant is buying space.
~r. Rogers stated he felt he had a point in being under the other bidder by the
mnotmt of 2V~ per inch, which is about a third less than the other bid. However
stated he did not contest the circulation standpoint as the Sun is a daily paper, and
circulation is far in excess of Kitsap County News. However, the News is available at
a nominal cost to anyone who is interested in reading City notices, and that the cost
of publication should be considered.
DECEMBER 19, 194V (Cont'd)
Mr. 0ttevaere remarked consideration should be given to being able to have three
consecutive daily printings, and not three consecutive weekly printings.
Mr. Purvis stated he is representing Mr. Rogers and regardless of above matters,:
discussion on them seems premature in view of Ordinance 192 as any action taken by the
Co~ission at present would be illegal in view of Ordinance 192, and feels until such
ordinance is amended the ordinance must be followed, and that bids cannot be called fo
or awarded until February. Further remarked any action taken today would be void.
City Attorney remarked there is a question as to whether or not those who filed
bids would not have waived the formality of the ordinance that bids are to be opened
in February, as the ordinance specifically states bids are to be opened the 3rd week
in February. Asked what is to be accomplished by waiting until February.
Mayor replied that such a wait would be in compliance with the ordinance.
Mr. 0ttevaere remarked that the date had been changed for several years, but di,
not remember why call for bids date was changed from February.
Treasurer remarked this is the end of a budgetary year and that ~s the reason
why the date was changed.
Hr. 0ttevaere stated that when the date was changed bids were called for a
period of 18 months, and at that time the Searchlight was operating in Bremerton and
Searchlight representative and Sun representative had met and agreed to such perisd.
City Attorney commented he had prepared an amendment 'to the Ordinance but not
along the lines suggested, but to eliminate the third week in February set as the open-
ing date for bids.
Mayor enquired how such publication as the proposed charter amendments would be
in a weekly newspaper, as there must be 30 publications according to state law.
Mr. Rogers commented that he felt such amendments should be discussed at length
and by having such legals pnbtished for 30 weeks it would give more time to educate
the public, as they can not be educated over night.
City ~ttorney stated the ~nendments were published in compliance with the state
law and submitted the same as a referendum measure, but perhaps under state law they
could be published weekly.
~.layor asked to again have letter of reco~mmendation from Clerk and Attorney on
award of contract ~ead; and Clerk again read the letter.
l~r. Purvis asked that Ordinance No. 192 be read, and City Attorney read Ordin-
ance No. 19~, which was passed on January 28, 1907, which was entitled:
"An Ordinance relative to the City printing and advertising of the City of
Bremerton, Washington."
After readiug the Ordinance, City Attorney stated he feels that the recommenda-
tion is still in order, anm that he has prepared and will submit an amendment of Sec-
tion 1, Ordinance No. 192, which would eliminate opening of bids in February, and woul¢
do something further that this ordinance does not do. Neither the charter nor the
State Law designates the successful bidder as the Official Newspaper in the City of
Bremerton. F~rther remarked has not been able to discover anything designating the
Dremerton Sun as the official newspaper. The Charter makes several mentions of "0f-
ficial }[ewspaper."
~r. Rogers remarked that Ordinance No. 192 passed in 1907 makes it mandatory for
the City Cotmcil to let the contract to the lowest responsible bidder, which brings up
thc question of the responsibility of the Kitsap County News. ~r. Rogers further en-
quired if Council plans to amend him out.
City Attorney remarked "We are not amending you out, you are out."
Mr. Rogers then enquired whether or not the City Council is interested in hav-
ing competitive bids on city publication~, and if interested should rearrange ordinance
so that competitive bids may be submitted. If not interested in competitive bids,
why not say publications are to be only in daily papers. Stated last year when bids
were awarded he had not complained when bid was awarded to Bremerton S~m as he had
realized that speed was needed in call for bid publications, but now it seems that Cit~ 's
needs would be known long enough in advance to allow three publications, one for each
week, and have publicatiSns in a weekly newspaper an¢t not necessarily a daily paper.
~r. Gorst commented that in regard to publishing and printing of newspaper in
the City ti~at if that clause is not contained that papers from other citys or other
areas could bid, and then be way under these bids submitted.
~r. Rogers stated he contested the printing and publishing clause.
~r. Ralph Purvis stated the same sort of case came up in Snohomish County,
which required the paper be printed and published there, tn that case it was printed
Jn Snohomish County and published in In~ex. The case came into court and the court
l~eld it would overlook the case of mechanical printing being done in Snohomish, and
felt in sufficient compliance with the ordlnanee on the publication. ~r. Purvis stat~
he felt as Mr. Rogers did that if this ordinance is to be amended the co,until can
maxe it possible or impossible to have competitive bids. If ordinance is amended
would like to have the word printed taken out so that it is just published in Bremer-
ton. ~'eels there will be a saving on printing if the ordinance can be phrased to have
competitive bidding. Seems practical to amend the ordinance to allow competition
rather than amend to preclude competition. Further remarked that if the bid is a-
warded to the Bremerton Sun at this time, there will be a court action, on the grounds
it is illegal under the terms of the ordinance.
City Attorney remarked in view of what was just said, and due to the fact that
he has enough court action at the present time and seems court action has been indi-
cated, thought very definitely the ordinance should be amended in so far as the date
of the opening of the bids is concerned, and that it is up to the Council as to what
is to be done about printing in the City of Bremerton. Suggests ~ending Section 1 by
providing bids be opened before commencement of calendar year and that the success-
ful bidder be designated as the official city newspaper of the City of Bremerton.
Thinks this is the proper action to take so that Council does not get the "cart before
the horse". Cotmcil should consider ~r. Rogers, suggestions on amendments on adver-
DECE~BER 19, 1947 (Cont'd)
tising for bids, and the proper action is to first amend the ordinance, and then re-
. advertise for bids. Under the circumstances reco~mlends both bids be rejected.
~..Ir. Rogers stated the point the Council must determine is whether or not they
want competitive bids.
~.~ayor con~nented in his opinion the printing should be done in the City of Bremer-
ton because then the paper would have the payrolls here, and if the payrolls are here
they should be supported by the City. Further remarked if it is the unanimous opinion
of the Council the ordinance could be amended and the bids be readvertised, which
would legislate Kitsap News out, if Mr. Rogers wishes to put it that way. However
the Council would not be eliminating competition, but inviting competition, and if
~r. Rogers wishes to have his bid considered by the City of Bremerton he should do
his printing in the City of Bremertono
City Attorney stated he had not read the cas~ which ~[r. Purvis referred to, but
it is probably a good law. In reading statutes pertaining to 2nd and 3rd class
cities it is provided that matter be printed and published in the City in question.
I~ir. Rogers stated that represents a newspaper lobby which for many years has
made an el'fort to encourage city councils and county commissioners to let contracts
to newspapers printed and published in such cities and counties. Feels his bid should
be considered as his paper is published in the City of Bremerton and he has been lo-
cated here for four years, the paper is entered as Second Class matter, and he main-
tains an office in the City of Bremerton and maintains a payroll here, although it is
not nearly so large as the Sun's payroll, and does not feel that is a valid argument
a~ai~st his bid.
I.~rs. Hadc]on remarked there is an essence of time to be considered.
~,~r. Rogers then stated last year he accepted in good part the argument that the
City Council could not accept his bid because of expediting advertising for bi~s, but
it now seems there should be a large enough supply so that the City could anticipate
its needs by three weeks, s~d so far as the publication of charter amenc~nents or some-
thing like that, thinks perhaps a compromise could be worked o~t. Thinks a savings
could be made on things passed on Wednesday, which could be published in his paper
on Friday.
Y.r. 0ttevaere remarked that is not logical reasonging, and further remarked he
would say every subscriber of the Kitsap News is also a subscriber of the Bremerton
Sun.
I~lr. Rogers remarked he was suggesting the Sun carry hurry-up publications and
the t(itsap News carry other things.
~,~ayor co~nnented ii' the City has an ordinance regarding publications the City
should comply with the terms of such ordinance rather than make provisions changed by
resolution. I, Iayor further enquired just where the City would be if an emergency or-
dinance were passed amending Ordinance 192, and rejecting all bids, and than have
other bids submitted, remarked it just gets back to the intent of the Commission.
~iayor further remarked the City Attorney should be informed of the intent of the Coun-
cil so that he can draw up the amending ordinance, and further remarked his opinion
is that the official newspaper should be printed in Bremerton.
~,~r. Rogers again cited the case which ~r. Purvis had reviewed.
I'~layor co~mmented since the Charter s~endment raising bid calls to ~1,000.00 or
over had not been accepted by the voters, and in view of the fact the ~500.00 limit
is still in force, would a weekly paper be able to handle necessary publications on
bi ~s.
Clerk remarked "Time is the essence."
Attorney reconm~ended that all bids be rejected at present in view of what has
been said, an~ then to readvertise for bids either at the meeting in February, in
compliance with Ordinance No. 192, or if the ordinance is sul~ended to call for bids at
whatever time is designated.
Ylotion by ]dr. Kean amd ~.~[rs. Harden to reject all bims as call for bids on of-
ficial publications is not i~ compliance with the existing ordinance, carried.
City attorney r,ead proposed ordinance amending Ordinance No. 19~, entitled as
follows "An Ordinance relating to printing and advertising for the City of Bremerton,
~asnmngton, a~d amending Ordinance No. 192 of said City and declaring an emergency."
Ordinance s~ended Section 1 as to ,~ate of call for bids for city advertising to com-
~encement of each calendar year, and providing City may consider circulation in award
of contract. States successful bidder shall be official newspaper. Section 2 con-
tains emergency clause.
]~.[r. Rogers stated he again wishes to repeat his request as he had in the first
place. Further remarked the last paragraph brings up emergency for the preservation
of public welfare, and seriously doubts there is such an emergency. Stated also the
ordinance in mentioning circulation makes it necessary to award the bid at all times
to the newspaper with the greater circulation, and if two newspapers bid, the one
showing the largest circulation would get the bid. Thinks the a~endments presented
by the City Attorney are faulty, s~d appeals to the City Council to accept his (~,~r.
Rogers) idea. Should have a competitive situation in advertising of all city matters,
~d such competition should be sut up where everyone can bid. Stated his paper is
fn substantial compliance with the present ordinance, a~d wishes to see the ordinance
m~ended so that they can bid.
City Attorney remarked when he prepared the ordinance he checked legislatory acts
pertaining to cities and towns and counties, and no doubt ]'~r. Rogers is familar with
the section of county laws which contains exactly the same wording as to circulation.
[~r. Rogers remarked that the greates circulation of any paper in Seattle is by
the Seattle Times but their publications are carried in the Da_~ly Journal of Co~aerce,
and it seems sight is being lost of the point that the Kitsap County News submitted
a bid 27~ per inch less than the other, which is a savings of 1/3. Feels Council is
bound to amend ordinance in such fashion to make savings.
DECE~/]BER 19, 1947 (Cont'd)
~..[r. 0ttevaere remarked the Seattle Journal of Conmerce submits bids the smne as
other papers. The Seattle Times submits bids but their circulation rate is so great
that the bid they must submit is prohibitive. Feels the bid the Sun submitted is not
prohibitive due to the circulation, which must be considered. The point in publicatior
of official city matters is to get before the public and feels the Sun can do that in
a better manner than the Kitsap County News. If the rate ever becomes out of line
tkere is protection in the ordinance to avoid such a situation.
Jerry Clark, Bremerton Sun, remarked that Bremerton Sun reaches more people in
the City of Bremerton and those are the people who are interested in the official pub-
lications, and Council is interested in having people know what the City is doing.
Mr. Purvis remarked that the Daily Journal of Commerce offers more on call for
bids thsm the Seattle Times as more people interested in bidding consult the Daily
Journal, and the same thing could be built up here, and bidders could be t~ained to
look to the Kitsap Paper for that information at a nominal cost. Agrees with Jack
Rogers that the proposed ordinance excludes him co!upletely, and thinks the amendment
should delete the word printed.
Mayor again asked "Does the City Commission wish to have the official newspaper
pri~lted in Bremerton, which does not exclude Jack Rogers coming into Bremerton and
printing his newspaper here?"
City Attorney remarked he did not believe the ordinance even if amended would
include Jack Rogers out. Even though the circulation of the Sun e~¢eeds that of the
Kitsap News the News still has sufficient circulation, and the difference in circula-
tion would probably balance the difference in cost. On amending the ordinance, that
is a matter for the Council to decide, and if case cited by Mr. Purvis holds, it does
not matter whether or not the word printed is deleted.
Mayor wondered if the award is not made by the first of the year if the Sun
would continue to publish official matters.
~r. 0ttevaere assured him that the Sun would continue to publish official matter~
~ayor suggested the City Attorney should prepare an ordinance as the cotmcil
wishes it, and rescind the old ordinance, and build into the new ordinance what Coun-
cil thinks should be printed in it. Feels the official newspaper should be printed an~
published in the City of Bremerton, also that the matter of circulation should be con-
si~ered.
Motion by ~..~r. Kean and f.'Ir. Gorst that the City Attorney be instructed to prepare
a new ordinance, one that will revoke Ordinance No. 192, clear the books of that matter
and b~ild things the Commissioners want, and be in compliance with the state law,
carried, all members voting yes.
Clerk read letter from City Engineer re concrete Block Retaining Wall, SW corner
of 6th Street and Marion Avenue, and recommending Change Order No. 1, as it is con-
sidered advisable to extend Westerly portion of the wall an additional 6 feet. Con-
tractor has agreed to do the work for ~49.50, and an additional mnount of ~40.00 for
fi~e grading. ~akes an adjusted amount of contract ~830.50. Recommends change be mad~
Mr. Gorst explained reasons for such change.
Motion by Mr. G$rst and ~r. Kean that the recommendation and change order be ap-
proved, carried.
Letter from City Auditor was read by Clerk reco~ending emergency appropriation
of approximately ~1,500.00 for Street Light, Power and Maintenance in the ~iscellaneous
Budget. Also appropriation of approximately ~1,800.00 for Repayment on Loan and ~6,000 O0
for Parts for Resale for Garage Maintenance & Operation Budget. Suggosts turning the
matter over to the City Attorney for preparation of ordinance. Further writes n~iber
of budgetory transfers will be necessary and information will be submitted to the City
Attorney to prepare the necessary resolution. Check is also being made on out-stand-
ing obligationa of City w~ich will not be liquidated by January ~Oth and appropriations
should !~e carried over. Will also submit information to Attorney on carry-overs.
Signed Wendell R. Vaa.
Motion by idr. Kean and Er. Gorst to concur in the reco~m~endation and refer the
matters to the City Attorney and City Auditor for the preparation of the necessary
ordinances and resolutions, carried.
Clerk presented Claim for Damages from Wallach Thrifty Drugs, 340 North Callow,
in the amount of ~15.36, for ~ cases assorted stationery picked up from loading plat-
form by Garbage Department and destroyed on Saturday, December 6, 1947.
~otion by ~rs. Itaddon and Mr. Keen to refer to ~e City Attorney, carried.
Mayor reported that Park & Recreation Director, City Engineer and he had been
d~scussing the reserving of areas for slides. Suggestion had been made that the Forest
Ridge Park slide should be built to come this way and it would be necessary to get co-
operation of people living around there. Attorney reported that if the City does any~
thing it must be done in a thorough manner, should block the streets, put up barri-
cades, see that slides are lighted and l~ave a member of the Street or Police Depart-
ment present at all times when children are using the slides. T~r. ~rst suggested
a part of Jacobson be used as a slide on the East Side.
Al;torney reported he had been served with a brief from the Supreme Court in the
case of the City versus Smith & Blackwell, the slot machine case, had hoped this case
was dropped but it seems it bas not been.
DECEMBER 19, 1947 (Cont'd)
Also stated ~[r. ~lcLeod had contacted him regarding the ordinance requiring a per-
mit fee for moving houses. The present ordinance required ~15.00 for moving a building
plus ~1.00 for each block, and that I~ir. I~'[cLeod wished to have the ordinance amended to
exempt Federal Houses, and just make a flat ~15.00 fee. Attorney feels this would be
~oor legislation and does not think the Council should m~e such exceptions for parti-
~cular groups, and in his opinion it is ~constitutional to discriminate.
Some discussion ensued on such matter, and Clerk suggested perhaps World War II
veterans could be exempted. It was decided to discuss the matter further with the
~Co~m~ittee of the ¥~hole, I~r. NcLeod and ~r. Glen Wilder of the Housing Authority.
~.~otion by ~ir. Kean ~d Nr~. IIaddon to adjourn, carried.
City ~e~/~