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HomeMy WebLinkAbout12/18/46 DECEMBER 18, 1946 (Cont'd) The regular meeting of the City Council of the City of Bremerton was held in the Mayor's Office at the City Hall on Wednesdsy, December 18, 1946, at 10:00 a.m. Mayor Keen presiding, Co~nissioner Haddon, Commissioner Gorst, City Treasurer and City Attorney being present. City Attorney suggested sentence of Minutes of December ll, 1946, be deleted. Motion by R~. Kean and Mr. Gorst to approve minutes of December ll, and Dec- ember 16, as corrected, carried. Clerk read Report of Separation for James Rondeau, Recreation; and Richard Fisher, Water Department. Motion by Mr. Keen and Mr. Gorst to approve separations, carried. Notice of Employment was read by Clerk for Nell Bryant, Park & Recreation. Motion by Mr. Keen and Mr. Gorst to approve Temporary non-civil service ap- pointment as read, carried. Application for transfer of Taxi business, known as Marty's Cab, from Martin F. Brown to Edna N. Guy was presented by Clerk. Application had been referred to Chief of Police for recor~mendation, and was now returned, approved by Chief of Police and Captain of Traffic. Motion by Mr. Keen and Mr. Gorst to concur in the recommendation and approve the transfer, carried. Clerk read request which had been referred to end approved by Chief of Police for transfer of City Tag No. 34 on taxicab from Tommy's Cab to Yellow Cab Compauy. Motion by Mr. ~ean and Mr. Gorst to concur in the recommendation and approve the transfer, carried. Letter addressed to City Commissioners, signed by Chief of Police, dated Dec- ember 13, 1946, was resd by Clerk, submitting information for consideration of compar- ison of wage and hour scales for city policemen!;of Bremerton end other cities. Chief of Police believes that living condit~ons in Bremerton are considerably higher than those in comparable cities stated: Everett - patrolmen $249.75 month. 5 days off per month and are going on 40 hour schedule. 46 men--ZV patrolmen. RENTON - $275 month. 5 days per week. 22 men - 21 patrolmen. ABERDEEN - Beginning first of year $235 start $250 first class patrolmen. 20 men - 13 pstrolmen. PORT ANGELES - 1st of year $220, 3rd class; $230, 2nd class; $245, 1st class, ll men - l0 patrolmen. BANC0~JVER - 1st of year $220 start, $240 1st class. 48 men - 32 patrolmen. YAKIMA - ~210, 3rd class; $220, 2nd class; $230, 1st class. 48 men - 32 patrolmen. OLYM. PIA - $200 month 1st class, and ~t 1st of year will receive 15% increase of $230 patrolmen. 16 men - 10 patrolmen. Asked that the matter be given consideration. Signed Charles Lewis, Chief of Police. ~i~ne case was reviewed, and Council was agreeable to increase in pay if ~tltsal ~egal, and decided the whole situation should be presented before the Attorney General for an opinion. Motion by Mr. Kean and Mrs. Haddon to refer to the City Attorney for a legal opinion after he received a ruling from the Attorney General, carried. Mayor commented that providing the Attorney General has no objection the City Commission is in Favor of granting a raise to the policemen. 609 DECE~BER 18, 1946 (Cont'd) Clerk presented a form to be filled out from Association of Washington Cities, on receiving alloted funds from the State Deveolpment Board. Motion by Mr. Kean and Mrs. Haddon to refer to City Engineer to fill out the form and return to the City Clerk, carried. Letter was read by Clerk, dated December ll, 1946, addressed to Mayor from De- partment of Highways, acknowledging letter of December l0 which referred to legisla- tion that it may be necessary to introduce in connection with Port Washington Narrows Bridge. Knows of no legislation in this connection and hopes Congress may pass bill which will provide funds to do the part of the work that was agreed upon at the time of discussion. Signed by Clarence B. Shain, Director of Highways. It was suggested contents of the letter be noted, and letter referred to Com- missioner Gorst for the Bridge File. Clerk read letter from State of Washington, Pollution Control Commission, addrese to Mayor and City Commission, dated December lB, 1948, re preliminary report and plans for proposed sewage system. Concur in recommendations of Health Department letter of preliminary approval, which is included as a bound par0 of the report. Upon perusing the report it is requested that City proceed with final plans and specifications for this project, in order that construction may be started at earliest practicable date. Signed Jack Taylor, Director. Mayor suggested that contents be noted and lerner referred to Commissioner of Public Works and Utilities. Letter from Department of Public Health addressed to Mayor, dated December 1946, was read by Clerk, enclosing copy of State Department of Health report oM City of Bremerton Sanitary Fill. Report is generally favorable except in regard tb bur~ing garbage. Unfortunate that burning should be allowed to continue when it constltufes principal cause of protest of community and when it is easily prevented. Constitutes very objectionable nuisance due to smoke and odors. Concur with recommendation of State Department of Health that burning be immediately discontinued and steps be taken to control accidental fires. Hoped matter may receive City's immediate attention, as Department of Public Health feels that should the situation continue, definite action towards elimination of the dump may be taken by both State and County. Signed by Sam I. Reed, Chief Division of Sanitation; Forwarded by Floyd R. Town, M.D., Director. Motion by Mr. Oorst and Mr. ~ean to refer a copy of the letter to Mr. Cssad so that he may take definite steps to eliminate any more burning, carried. Mr. Gorst commented that the City had started no fires there for quite a long while, and that the fires were undoubtedly started by spontaneous combustion. City Abtorney suggested that Department of Public Health should be notified to that effect. Clerk reported that in regard to claim by Fred Windell for burning out top~ele- ment in hot water heater, due to water being turned off, which was referred to Water Superintendent, that Mr. Windell had no meter, and the party who had the meter was notified of the proposed shut-off, and he should have notified others on this meter. Notion by ~r. Gorst and Mr. bean that ~ater Superintendent be requested to reply to the letter, carried. Letter from Kitsap Electrical and Appliance Dealers Association dated December lO, 1946, addressed to Commissioners cf the City of Bremerton, was read by Clerk, calling attention to Ordinance No. 18~8, passed on December 5, 1945, prohibiting the sale of sub-standard and unsafe electrical appliances in the City of Bremerton. Num- ber of violations of the ordinance have been called to their attention. Board of Dir- ectors of the Association request that the ordinance be enforced so purchasers of electrical equipment may be assured that they are receiving quality merchandise. Also, that the public will be protected against equipment which may cause fires or electro- cutions. Signed John P. Espen, Secretary-Treasurer. Notion by Mr. *~ean and Mr. Gorst to refer to Commissioner of Public W~rks and Utilities to refer to Electrical Inspector, carried. Clerk read lett§r addressed to Mayor and Co~missioners, dated December 5, 1946, making application for favorable consideration for appointment to the office of City Clerk when it becomes vacant. Age - 54 years; Married, one daughter and two grand- children; owns own home. Lived in Bremerton since 1912, and wife has been here since 1905. Married here in 1915. Served in the Navy on active duty for 25 years, last two as commissioned officer, in both World Wars. Considerable portion of time in Navy and five years civil employment in the year, was of a nature which should provided exper- ~ence which would be of value in the office of City Clerk as it included preparation of specifications for diversified material purchases and many years of office and personnel administration. Last assignment terminated 15 months ago; was Assistant Navy Inspector of Recruiting and Induction for 9th Joint Service Induction Area, com- prising Washington, Orego n, California, Idaho, Montana, Utah, Nevada and Arizona. Duties were supervision, '~nder one senior inspector, of all Navy recruiting and induc- tion activities within that area. Reference - Dr. Eric Barr; Mr. Lloyd A. Prichard; Mr. Goerge A. Hastings; Mr. H. E. Hartsfield; and Mr. Herman Peterson. Character references; Mr. E. J. I~cCsll~ Mr. Harry D. Sorensen; Hon. Homer R. Jones; Mr. Ernest Yett; Mr. Harold W. Kuett; and Mr. Fred W. Krause. If appointed, will give loyal and faithful service to the best of his ability. Signed John E. BgEns, l~B3 Park. Application was also read from R. D. McCabe, 19~? 4th Street, giving age 41; married; two childred in Bremerton Schools. Lived in Bremerton since February 1939, and plans on making it permanent home as he has.faith in future of Bremerton. Taken active part in civic clubs and civic work as time in present position would allow. Personal habits and character standing can be checked, and is able to give references 610 DECEMBER 18, 1946 (Cont'd) for approval. Would be happy to meet with any one or as group for further information regarding experience and qualifications. Signed R. D. ~cCabe. All members of the City Council agreed that there is no vacancy for the position of City Clerk at the present time, and until such time as there is a vacancy no action should be taken. Motion by Mr. Keau and Mr. Oorst to note applications, and file with the City Clerk, carried. City Treasurer reported that Mr. Walter B. Tonge, Box 104, Tracyton, had con- tacted him in regard to the sale of Sanitation property at Tracyton, and Treasurer had informed Mr. Tonge that the former price set by Council had been $3,000.00 plus the Tracyton Water District Assessment, and that Mr. Tonge seemed fairly well satis- fied with that figure. Mrs. Haddon suggested that there should be a call for bids on the pr0perty. City Attorney commented that this was not absolutely necessary but that by so doing criticism would probably be avoided. Motion by Mrs. Haddon and Mr. Kean to instruct the City Clerk and Purchasing Agent to call for bids on the sate of the property, minimum price $3000, subject to Tracyton Water District Assessment, bids returnable January 8, 1947, carried. Treasurer recommended that the cash register in the Treasurer's Office be de- clared surplus, and that the Clerk be instructed to call for bids on it. They had thought it might be used in Police Court, and had discussed such a plan with the State Examiner, Mr. Davisson, who thought it would cost too much to have it remodeled. Treasurer,s Office can no longer use the machine as there are not enough numbers on it. City Clerk concurred in the recommendation, and suggested the machine was not being used in the present method and thought it should be declared surplus. Motion by Mr. Kean and Mrs. Haddon that the matter of the Cash Register in City Treasurer's Office be referred to City Clerk and Purchasing Agent, City Treasurer and City Auditor for written recommendation, carried. City Treasurer reported that he and City Auditor would be starting on December 26, transferring funds over from the 1946 budget and would like information as to what appropriations were to be carried over. It was suggested the City Clerk notify the department heads. Also that if some department was far in the red that emergency appropriations could be prepared by ordinance and published twice before the 1st of the year. Clerk stated that this is the time set for the hearing on the vacation of trl- angular piece extending to the corner of 10th and Hewitt that is caused by a Jog in the road. Clerk read letter from Mrs. H. R. Stone in regard to above, and also Reso- lution No. 555, which was passed on November 20, 1946. No one was present to protest the vacation of the property. Motion by Mr. Gorst and Mr. Kean to instruct the City Attorney to prepare the necessary ordinance to take care of the vacating of the property, carried. Clerk reported this is time and date set for the opening of the bids for Enginee~ lng Services Sewage Treatment, and read letter from Parker & Hill, acknowledging in- vitstion for bids and commented that they attempt to adhere strictly to the code of ethics of American Society of Engineers and feel that since the City of Bremerton has employed Oarey Engineering as engineers to handle the sewage problems, that it would be unethical to make any offers for the work. Think it is improper to require bids for technical services on same plane as for construction. Proper to request offers for engineering services and selection of engineers should be based on ability, ex- perience, reputation and organization as well as price to protect the best interests of the City. Thanked City for invitation to bid but decline to make offer. Signed · . R. Hill. Mayor suggested contents of letter be noted and letter filed. Motion by Mr. Gorst and Mr. Kean that bids on engineering services be opened, carried. Clerk opened and read bid from James W. Carey & Associates, 191? First Avenue, Seattle l, Washington. Certified Check No. 993 and 16733, $1000.00. City Attorney read proposal and commented it seemed to have most of the points of the contract pre- pared by City Attorney. Motion by Mr. Kean and Mr. Gorst to accept the proposal, su~Ject to approval by the City Engineer as to form, carried. Clerk reported this is the time and date set for opening of bids on Cast Iron Pipe for the ~ater Department. Motion by Mr. Kean and Mr. Gorst to open the bids on Cast Iron Pipe, carried. Clerk opened and read bids as follows: Marchmann & Williams, 524½ First Avenue South, Seattle; Certified Check No. 7836 60135, amount $350.00. Section A - Item 5, $990.00; Total 6,?,8,9,10 Section B - $53~4.90; Section C, No Bid. Delivery Section A 30 days; Section B, partial i day, Balance 175 days. Palmer Supply ~ompany, 22R Westlake Avenue North, Seattle, 9; Certified Check 30746 - 22322 amount $300.00. Section A - No Bid; Section B - $5682.45; Section C - No Bid; Delivery approximately 90 days. 61_1 DEC~/iBFAq 18, 1946 (Cont'd) Hugh G. Purcell Company, Colman Building, Seattle 4, Washington; Certified Check No. 10378 - 58132, Cashier,s Check No. B57570, $2200.00. Ail items Section A, ex- cepting Item 5, Total $92,820.00. Delivery of 4" 8" and 12" pipe in 15 months and the 6" pipe in 18 months, subject to prior sale of manufacturing space and possibility of delays beyond control. Bremerton Plumbing Supply, 1720 Thompson Drive, Bremerton; Manager's Check No. 37881, $282.50; Section A - No Bid; Section B, $5,650.40; Section C, No Bid. De- livery of valves from stock excepting 6" hub end valves of which 9 can be delivered from stock and balance approximately 30 days. Auxiallary valves for hydrants 60 to 90 days. Valves and hydrants manufactured by Iowa Valve in strict accordance with specifications. Pacific States Cast Iron Pipe, 502 Spalding Building, Portland 4; B~d Bond $3,000.00;Section A, excepting Cement Lining and lO,O00 lbs. Cast Iron Fittings, 54,110.00; Section B - $5,905.88; Section C, ~o Bid. Prices shown are not guaranteed but subject to adjustment at time of shipment. Delivery 4", 6" and 8" Grade B, shipped 200 days. Do not believe able to furnish 9,000' of 12" B all next year, but possibly 3,000, or 4,000, Alternate proposal, Grade B, $46,720.00. Date of delivery on Grade A - Section A, 400 days, Section B, 90 days. E. N. Hallgren Company, 1252 First Avenue South, Seattle 4, Washington; Cer- tified Check No. 480 - 609, amount $450.00; Item 5, Section A, $1,050. Section B ~5,745.50; Section C - $17-76.00. Delivery Section A, Fittings, 60 to 90 days; Section B, Valves 84 days; Hydrants 168 days; Section C, 7 days. Invoice prices on all as of shipping date. ~Motion by Mr. Gorst and Mr. Keen to refer the bids to the Commissioner of Public Works ~and Utilities, City Clerk and Purchasing Agent and Water Superintendent for recommendation, carried. Clerk reported this is time and date set for opening of bids for Official Pub- lications. Motion by Mr. Keen and Mr. Gorst to open the bids on Official Publications, carried. Clerk opened and read bid from Bremerton Sun, 545 Fifth, Bremerton; Certified Check No. A-1866 - 5498, amount $50.00; Publication of all official notices to be published by the C~ty during the ensuing year beginning January 1, 1947, at 70~ per column inch, 8 point Ideal type set in 12 em columns. Agrees to deliver 2 copies of each issue of paper to City Clerk, during period of contract. Clerk recommended that the bid be accepted. Motion by Mr. Keen and Mr. Gorst to concur in the recommendation of the City Clerk and award the bid to the Bremerton Sun, carried. Clerk reported today is the time set for opening of bids on L.I.D. 200, Vandalia Avenue between E. Eleventh Street and E. Sixteenth Street. ~otion by ~r. Gorst and Mr. ~ean to open bids on LID 2~0, carried. Clerk opened end read bids, as follows: Starbird Construction Company, Box 5~5, Bremerton; Bid Bond 5% of Bid; Amount of Bid - $10,576.60. Thompson Constructlou, Route 3 Box 555, Bremerton; Bid Bond 5~ of amount of bid; Amount of Bid $11,377.00. Notion by Mr. Gorst and Mr. Keen to refer bids to Commissioner of Public Works and Utilities, City Clerk and Purchasing Agent and City Engineer, carried. It was stated by Clerk that this also is time set for opening of bids on L.I.D. 231, tiayward Avenue between E. Thirteenth Street and a point 313.5 ft. N. of E. Six- teenth Street. Notion by Mr. Gorst and Mr. Keen that bids on LID 231 be opened, ~arried. Bids were opened and read by ~lerk as follows: Thompson Construction Company, Route 3 Box 555, Bremerton; Bid Bond of 5% of Bid; Amount of Bid $V,975.94. Starbird Construction Company, Box 565, Bremerton; Bid Bond 5% of Amount of Bid; Amount of Bid $7,5~7o~7. Motion by Mr. Gorst and Mr. Keen to refer the bids to Commissioner of Public Works and Utilities, City Clerk an~ Purchasing Agent and City Engineer, carried. Clerk reported that this also is date set for opening of bids on chlorine and ammonia, but that there had been some trouble on these bids. Shell 0il had submitted a bid before the bid forms had been prepared, a~d the bid had been returned to them with the proper form. However, for some reason he could not understand, Shell's bid had not come in, and therefore Clerk thought all bids should be destroyed or date of opening be postponed until next week. Attorney recommended that the bids received be opened and referred to the proper persons, and if it is then recommended that the bids be thrown out, new bi~s can be called for. Notion by Mr. Gorst and ~r. Keen to open the bids, carried. Clerk opened and read bids as follows: Hooker Electrochemical Company, P.O.Box 1~48, Tacoma l, Washington; Certified Check No. C8708 - 145105, $75.00. Chlorine 9.45# total $152~.00. No Ammonia Bid. Pennsylvania Salt Manufacturing Company, P.O.Box 1~97, Tacoma, Washington. Cer- tified Check 4~724 1891, $1~5.00; Chlorine 9.~5/ lb., Ammomla 10/ lb. Motion by Mr. Gorst and Mr. Keen to refer to City Clerk and Purchasing Agent and ~ater Superi~tendent for recommendation, carried. DECemBER 18, 1946 (Cont'd) City Attorney read Resolution No. 554, as follows: WHEREAS, the uniform classification of accounts for municipal water utilities prescribed by the Division of Municipal Corporations, provides that meter reading and service inspection in the water department shall be budgeted and handled under the heading "Co~uercial Office" and the official budget for the year 1947 of the City of Bremerton provides that the expense for salaries and maintenance and operation for meter reading and service inspection shall be under the general heading of "Distri- bution division", now therefore, BE IT 'RESOLVED by the City Council of the City of Bremerton that the supervi- sion of foreman of services and the two meter readers for the year 1947 be and it is hereby transferred to the Accounting Office, and that the 1941 Ford Pickup now being used by the meter readers and the. vehicle being used by the foreman of services, be transferred to the Accounting Office, and that the official 1947 budget of the City of Bremerton be and the same is hereby amended by making the following transfersJ: From"Water Distribution~' to "Commercial Office:" SALARIES AND WAGES: Foreman of Services $275 - 295 $3540.00 Two Meter Readers $1.18 - 1.36 hr. 5450.00 r~AINTENANCE AND OPERATION: Auto & Equipment Supplies 800.00 Auto & Equipment Repairs 500.00 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 18th day of December, 1946. Motion by Mr. Gorst and Mr. Keen to pass Resolution No. 554 as read, carried as follows: Mr. Keen, yes; Mrs. Hsd~on, yes; Mr. Gorst, yes. Attorney reported a letter had been received by his office from the Clerk,s Office enquiring about blanket bonds for City Employees, and that legally there is nothing against it and many companies have employees bonded in this fashion, all that would be necessary would be for the City Attorney to examine the bond. Clerk reported that as instructed by Council he had investigated such a plan, and the bond would go in effect as soon as the others ran out, but it would probably be the later part of the year before all employees would be covered, as many policies ran to th~ later part of next year. Remarked he had met with the Insurance Commission and t~e bond was to be obtained through Armold Wang. Some discussion occured on the possibility of closing the City Hall Saturday morning, as the entire city plans to celebrate the arrival of the U.S.S.Bremerton. However, Council agreed it had no authority for closing. Motion by Mr. Keen and ~rS. Haddon to allow all bills presented st this meeting if approved by a majority of the Council, carried. Mayor Keen commented that Mr. James ~. Carr, who is 94 [~aars of age, was ore ~f the two elected as Justice of the Peace, and the Commissioners believed he was the better of the two for the position of Municipal Judge. He further stated that the Commissioners had agreed that a full time C~ty Attorney should be obtained, who should have offices in the City Hall. Mayor reported he had discussed this situation with City Attorney Bryan several days ago, and acting as spokesman for the City Council had requested his resignation, and was again ~oing so. City Attorney refused to tender his resignation, and gave as his reasons the facts that he did not wish to resign now, as it woul~ aopear he was doing so on account of the criticism offered by Mr. Davis- son, State Examiner, and also due to the fact that he was depending upon the position of City Attorney he had secured ~r. Elias as a member of his firm, and that Mr. Elias had been ~svotlng most of h~s time to City business, and if he (Mr. Bryan) resigned as Ciby Attorney, there would be nothing to keep Mr. Elias on as a member of the firm. Mayor replied that the reasons for asking for Mr. Bryan's resignation were as given above, and not due to any criticism by State Examiner, and that all members of the City Council felt the same. Mr. Bryan again refused to resign. ~otfon by ~r. Kean and ~r. Corst that the City Attorney be requested to resign carried as follows: Mr. Keen, yes; Mrs. Haddon, yes; Mr. Gorst, yes. Clerk read copy of letter which was presented to Mr. Bryan before above motion. Letter referred to subject discussed Sunday by Er. Bryan, the Mayor and ~ir. Nerkel, stated arrangements for the appointment of a full time City Attorney, with offices in the City Hall have been made. Move is deemed to be in the best interest of the City, and it is Mayor's intention to appoint J. W. Carr to position of Municipal Judge. Letter also stated on numerous occasions Mr. ~ryan had stated his Firm was not inter- este5 in an arrangement of this kind, snd after discussing the matter with the other two Commissioners, Mayor has made arrangements wtt!~ 01ur Johnsen to succeed Mr. Bryan as City Attorney, with their approval. In order that further necessary arrangements be made, respectfully requested that Mr. Bryan tender his resignation effective as of December 31, 1946. Cooperation requested. Signed L. "Hum" Kean, Mayor of Bremerton. 613 18, (Cent,d) DECEMBER 1946 Motion by Mrs. Had~n and Mr. Kean that the next regular City Council l~eeting be held December 26, 1946, as December 25 is a holiday, carried. Motion by Mr. Gorst and Mr. Kean to recess until Monday, December 23, 1946, at 2:00 p.m., carried. Mayor DEC~,IBER 23, 1946 Recessed meeting of the City Council was held in the Mayorfs Office on Decem- ber 23, 1946, at 2:00 p.m. Mayor Kean presiding, Commissioner Haddon, Commissioner Gorst, City Attorney, City Treasurer and Water Superintendent being present. Mayor reported that there had been some discussion over the idea of the beer taverns remaining open until 3:00 a.m. New Year,s Day, and that the matter was refer- red to Assistant Chief of Police Morken to investigate and he had reported that the County Cormnissioners were to meet December 30, in regard to this matter, but that County Co~.~m~isstoner Pruitt had remarked that the 3:00 closing was satisfactory to him. Tavern 9perators wish to remain open until 3:00. Motion by Mr. Kean and Mr. Gorst that it is the wish of the Commission that the Taverns be allowed to stay open untik 3:00 a.m. New Year's Day, carried as follows: Mr. Kean, yes; Mrs. Haddon, No; ~ir. Gorst, yes. Clerk read letter addressed to Mayor and City Commissioners, dated December 20, 1946, from Assistant City Attorney, re: State ex tel ~mende vs. C~t~ of Bremerton, which reported in connection with above that the firs~orE-~City Treasurer on unpaid delinquent assessments in LID 42 on properties acquired by City up to and in- cluding 1935, ~ indicated there were approximately $1,511.63 in unpaid assessments against properties acquired by City, formerly included in LID 42 at time of acquisi- t,ion to City to year 1935. City Treasurer,s office has made recapitulation of un- paid assessments and instead of the amount calculated unpaid assessments on LID 42 were in the total sum of $898.92. $337.61 was on properties acquired after January 14, 1935. According to previous ruling of Judge Sutton, this sum would be the only amount on which the City would be obligated on outstanding bonds. The sum of $561.31 does not include interest. City Treasurer's Office also computed ratable distribu- tion of proceeds of all sales to LID 4~ and included properties acquired after January 14, 1935 and ratable distribution of principle and interest amounts to $1158.24. Ex- cluding properties acquired after January 14, 1935, total ratable distribution would only be $723.24. Pursuant to order of court, City Treasurer has made return based on these figures and Assistant City Attorney has prepared the return based on the figures and it has been prepared so as to constitute a denial of any liability on the part of the City, although by previous ruling, Judge Sutton indicated that the relator was entitled to the ratable distribution of proceeds of properties acquired up to the time the limitations of actions began to run. City Treasurer's office is to be con~ended for manner in which they have gone through the records and files and for the splendid and helpful report which they have furnished Attorney without which he would have been unable to ascertain the facts of the case. Signed John C. Merkel. Treasurer cor~ented that this meant that instead of a settlement of $1,000.00 that any settlement should be based on $561.31, plns interest instead of $1511.63 plus interest. Attorney remarked that this letter was written as a guide for the City Commissioners and for the new City Attorney. Letter from City Engineer addressed to ~ayor and City Council was read by Clerk. recgmmending that the bid of Starbird Construction Company be acceoted in th t _ _ ~ e a~oun_ of $10,576.50 on L.I.D. No. 230, Vandalfa Avenue as it was the lowest bid received and below the estimated cost. Notion by Mr. Kean and Mr. Gorst that the recommendation of the City Engineer be approved and contract awarded to Starbird Oonstruction Company, carried. Clerk read letter from City Engineer addressed to Mayor and City Council recom- mending award of contract to Starbird Construction Company in the amount of $7537.37 for L.I.D. No. 231, as it was the lowest bid received and below the estimated cost. Motion by Mr. Gorst and Mr. Kean that the recommendation of the City Engineer be approved and contract on L.I.D. 231 Hayward Avenue be awarded to Starbtrd Construc- tion Company, carried. Clerk read letter dated December 18, 1948, addressed to City Clerk, from Chas. N. Trtpp Company, 601 American Bank Building, Portland 5, Oregon, re information re- ceived that City of Bremerton is contemplating the construction of a sewer system and 614 DECEMBER 23, 1946 (Conrad) sewage treetment improvements. They are interested in financing this work, and if pro- Ject meets with their approval, they will be able to loan sufficient money at a reason- able rate of interest. Asked to hear from City and to set date for meeting to discuss the project and its financing. Signed Charles N. Tripp. Treasurer commented that it had been the general practice where large bond is- sue took place, to call for bids rather than hand the issue to one company or person. Motion by Mr. Keen and Mr. Gorst that the letter be acknowledged and the compan be notified that if there is any financing it will be done by sealed bids, carried. Letter dated December 21, 1946, was read by Clerk, addressed to Mayor and ~em- b~rs of Council of the City of Bremerton, enclosing professional card which indicates the status of undersigned and service available to municipalities for engineering work they may desire others to accomplish. Was employed for many years by State Department of Highways, as Bridge Designer and Resident Engineer, and was privileged to design many bridge structures and foundations and to design or construct bridges, highways, walks and drainage systems. Approximately five years employed by U.S.Engineers in capacities of Bridge Designer, Chief of Engineering and Operations and Chief of Ccns- truction. Believes that experience and knowledge gained by foregoing and other signments is adequate to analyze engineering problems relative to projects City of Bremerton might wish to construct. Listed references as to experience, ability or character. Wished to hear from City regarding assistance on engineering matters in the coming months. Could appear for interview of discussion if desired. Signed Cecil C. Arnold. Motion by Mr. Kean and Mr. Gorst to note contents and refer the letter to the City Engineer, carried. Clerk read letter frown City Engineer, dated December 18, 1946, re proposal of James ~. Carey & associates for engineering services, which stated the proposal had been examined and approved by C~ty Engineer, and is lowest bid submitted and conforms in all respects to advertisement for the work. Recommends that the contract be entered into at once and proceed order issued in order that the work may be completed in re- quired time. Signed ~. S. Severance, City Engineer. Motion by ~r. Oorst and Mr. Ksan that the City Council confirm the granting of the bid to James ~. Carey and Associates as of December 18, 1946, carried. Clerk and ~ater Superintendent recommended that the bid for Chlorine be awarded to Hooker Electrochemical Company, and the bid on A~monta be awarded to Pennsylvania Salt Manufacturing Company. Motion by ~r. Gorst and Mr. Kean that the recormr~endation on award of contracts on chlorine and ammonia be approved, carried. Clerk read letter from Water Superintendent addressed to Mayor and City Ccuncil! recommending awards on bid for cast iron pipe and appurtenances as opened on December 18, 1946. Ail bids except bid for cast iron fittings, have escalator clause ~atch provides that price will be adjusted to price at time of delivery. Bid of Hugh G. Purcell for cast iron pipe appears to be best bid. Both bidders apply escalator claus~ Purcell definitely ties up price of cast iron pipe with price of pig-iron as published in magazine, Steel, at t~me of delivery and also provides for an adjustment in freight rates which cannot be determined. Ail other items in the bids, with the exception of fire hydrants, are to be installed with the cast iron pipe, which is scheduled for delivery in 1~ and 18 months. For a number of years City has standardized on Rensse!a~ Valves and Hydrants in the system and their bid merits consideration in making the award. City has received excellent service from that company~ who carry complete line of parts and repairs. Reco~mmends award for cast iron pipe be made to Hugh G. Purcell Company, and bid for furnishing hydrants be awarded to E. N. Hallgren (Rensselaer Company) and cast iron fittings to ~arckmann ~ Williams. Recommends elimination of gate valves and lead as thsy will not be required until cast iron pipe is ~vailable. signed C.C.Casad, ~ater Superintendent. ~otlon by Mr. Gorst and Mrs. Haddon that the recommendation on the award of bid on c~st iron pipe be made to Hugh C. Puraell, carried. ~ater S~perintendent, who was present, remarked that he had discussed award of bid on hydrants with the Fire Chief, and even though Rensselear was not low bidder, the City already had about 90~ of its hydrants made by Rensselear, and it would be more practical to have the same kind of hydrants. Motion by ~r. Gorst and Yr. Kean that the reco~mendation on the award of bid for hydrants to Rensselaer Company be approved, carried. ~otton by ~r. Gorst and ~rs. Haddon t~at the recommendation on the award of the contract for cast iron f~ttings to ~arekmann & ~illiams Company be approved, carried. Clerk read letter dated December 19, 1946, addressed to ~ayor and City Council, from Water Snperintendent, re letter from Mr. Cohen, attorney for Jensen W~ter District which had been referred to Water Superintendent for recommendation. Letter stated Jensen ~ater System consists of a system of small diameter pipes for distribution to eighty-some residents in district. W~ter is supplied from a small stream by pumping. Cor~iderable difficulty has been experienced with the ptunping eq~ipment. ~r. Jensen, who built and operated the system, tried to have the city take over the system to sup- ply water from Bremerton system. At the time he placed a high value on it, and ~fter investigation Water Superintendent considered ~t would be a liability to the Water 615 DECE~BER 23, 1946 (Cont'd) Department, and Mr. Jenson was informed that the City was not interested in acquiring his water system, ~ut would supplement his supply by s~rvice through a master meter. Since the death of Er. Jenson, water district has been formed which took over Jenson Water System and commissioners of the district are applying for water supply from the city. Water is available to service the district through a master meter which can be easily installed. Recommends that contract be entered into with the district, but be- fore details are worked out, suggests a meeting be held with commissioners cf the dis- trict for general discussion of problems ~nvolved. At that time Water Superintendent will submit recommendation as to rates, regulations, etc., to be Incorporated in the agreement. Signed C.C.Casad, Water Superintendent. Notion by Mr. Gorst and Mr. Kean to concur in the recommendation and that the Water Superintendent be instructed to arrange the meeting, carried. Commissioner Gorst presented the contract which is to be entered into by the City and James W. Carey and Associates on Engineering Services, and contract was read by City Attorney, who had prepared it. Attorney reco~nended that Mayor and City Clerk be authorized to sign the contract for the City of Bremerton. Motion by Mr. Gorst and Mr. Kean to authorize the Mayor and City Clerk to sign the contract with James W. Carey & Associates in behalf of the City, carried. Clerk read letter signed by City Engineer and City Auditor, dated December 23, and addressed to Mayor and City Council reporting on attached voucher from Housing A~thority for garbage maintenance at Sheridan Park in the amount of $1,1Bl.~3, and stated they had been unable to get further information on original verbal agreement as to payment of the claim. Mr. Searle informed them that he has come to an under- standing with the Council to the effect that the commitment has been made. In view of fact that agreement has been reached, they make no recommendation as to a reduction but suggest that prior to payment the City Attorney prepare a resolution setting forth all the facts so that a satisfactory explanation will be on record for the State Examiner. Motion by Mr. Keen and Mr. Gorst to refer the matter to the Commissioner of Public Works and Utilities and the City Auditor to supply details on the matter for the City Attorney to prepare the necessary resolution, carried. Attorney read Ordinance No. 1711, entitled as follows: AN ORDINANCE declaring an emergency to exist on account of the necessity of re- pairs to the equipment of the street department of the City of Brsmerton, and appro- priating funds to meet such emergency. Motion by Mr. Gorst and Mr. Keen to approve Ordinance No. 1711 on first reading carried as follows: Mr. Keen, yes; Nra. Haddon, yes; Mr. Gorst, yes~ Ordinance No. 1712 was read by City Attorney, entitled as follows: AN ORDINANCE providing for the abandonment of all unexpended funds appropriated in the 1946 Budget, except certain designated flunds, and providing that certain desig- nated funds shall be carried forward and remain in full force and effect and be held available for the purpose of such budgetary appropriation. Motion by ~[r. Kean and ~r. Gorst to pass Ordinance No. 1712 as read, carried as follows: Mr. Keen, yes; Mrs. Haddon, yes; Mr. Gorst, yes. City Attorney read Resolution No. 555 as follows: WHEREAS, confusion will result if the City Treasurer or his deputies issue ll- cemses to any kind of new business intended to be carried on at any place in the City of Bremerton contrary to the zoning ordinance, now therefore, BE IT RESOLVED By tho City Council of the C~ty of Bremerton that the City Treasurer or his deputies, prior to the issuance of any license for the conducting of a new business enterprise in the City of 5remerton, contact the office of the Building Inspector and secure his approval as to the location at which it is proposed to carry on s~id business. BE IT ?URT}~R RESOLVED that copies of this Resolution be handed by the City Clerk to the City Treasurer and the City Building Inspector. PASSED by the City Commission of the City of ~remerton, signed by the 5~ayor, and attested by the City Clerk in authentication of said passage, this 23rd day of December, 1946. Motion by Mr. Gorst and ~r. Keen to pa~s Resolution No. 555 as read, carried as follows: Mr. Keen, yes; Mrs. Haddon, yes; ~r. Gorst, yes. Ordinance No. 1713 entitled as follows, was read by City Attorney: AN ORDINANCE vacating certain property hereinafter described in the City of Bremerton, Washington. Motion by Mr. Gorst and Mr. Keen to pass Ordinance No. l?13, carried as fol- lows: Mr. Keen, yes; Mrs. Haddon, yes; ~r. Gorst, yes. 616 DECENB~ 23, 1946 (Cont'd) City Attorney reported he had prepared a legal opinion on the subject of giving a blanket raise to Police Department as provided in the 1947 Budget. Atto~ey com- mented that he feels opinion as stated in letter regarding the raise is s~ficient, and does not really feel that an opinion from the Attorney General's office is neces- sary. Also, that he had called Marion Garl~d and he had orally concurred in his~ opinion that the City Council can set up a pay raise immediately for the Police Depart- ment. Attorney read letter written by himself, citing various similar cases, and re- commending that a raise would be entirely legal and not conflict with the Initiative voted in by the people on Firemen,s and Pollcemen,s pay. Motion by Mr. Kean and Mr. Corst to concur in the recommendation and direct the City Clerk to issue checks for the Police Department as in the proposed 1947 budget, beginning January 1, 1947, carried. Mayor con~ented that the Civil Service Examiner and City Auditor were still work- ing on a salary budget, and that the CoMmissioners had agreed not to put through ra. ises as allowed in the 1947 budget until such 'an ordinance had been prepared. At- torney remarked that the salaries were set up in the 1947 Budget Ordinance, and a Salary Ordinance was not really necessary. Notion by Nr. Kean and Er. Gorst to adjourn, carried. APPROVED: ~e~rk~ Mayor