Loading...
HomeMy WebLinkAbout006-6- RESOLUTION NO. 6 Resolution concerning the purchase by the City of Bremerton of the light and power plant and distributing system of the Puget Sound Power & Light Company within the city limits and providing for the employment of special counsel and for the payment of necessary costs and fees. '~EREAS, the electors of the City of Bremerton have heretofore voted in favor of purchasing the plant, eeuipment and going business of the Puget Sound Power & Light Company, or in the alternative, for the construction by the city of a city light distribution system and plant in substantial duplication of the said existing system, and ~HEREAS, the city commission of the City of Bremerton believes the time is opportune and it is to the best interest of the City of Bremerton to proceed immediately with the acouirement of the said existing plant by purchase or condemnation, or in the alternative, in case a satisfactory purchase cannot be agreed to or the said plant be acquired by reasonable dispatch through legal proceedings, to proceed with the ~onStruction of a distributing system in substantial duplication of the existing plant, and ~EREAS, it is necessary in order to proceed with the ssid undertaking to have special counsel to take special charge of the said matter in cooperation with the city attorney of the City of Bremerton, now, therefore, BE IT RESOLVED by the City Commission of the City of Bremerton as follows: 1. That the purchase of the said existing plant of the Puget Sound Power & Light Company within the limits of the City of Bremerton, or the construction of a distributing system in substantial duplication thereof, be immediately undertaken by the City of Bremertcn in pursuance to the ordinance heretofore adopted by public vote and approved on the llth day of June, 1929. 2. That ~. W. Bryan, Sr. be and he is hereby employed as special counsel to advise the city commission and to proceed with all dispatch with the acquire- ment of the said system and to prepare necessary ordinances, documents, plead- ings and render all legal and professional services to accomplish the said purpose. That in all of the acts of the said special counsel, he is to cooperate with the city attorney and to keep the city attorney advised as to developments and proceedings and it is understood that the city attorney-is to cooperate with the said special counsel in all respects and if at any time in the opinion of the city attorney it becomes necessary for the said city attorney to make special report or give special advice to the commission in reference to the said proceedings, that the said city attorney is directed so to do. Said special attorney and said city commission shall have the relation of attorney and client in all of said proceedings. 3. However, it is understood that the legal responsibility for all of the proceedings in court, in negotiations and in all other legal and profess- ional ways is to be a burden and responsibility of the said special counsel, subject at all times to the control and direction of the city commission in the accomplishment of the said general plan. 4. That as compensation for the said services and all thereof, there shall be paid to the said special counsel Eighteen Hundred ($1800.00) Dollars payable in twelve (12) eoual monthly installments, same to be paid from the existing special light fund reserved in the city treasury for said purpose; thereafter payments covering~ necessary costs, expenses and disbursements on legal vouchers shall be made from the said fund on recommendation of the said special counsel and as approved by the city commissioners. In case the purch- ase of the plant involves contested condemnation proceedings, a further adjustment as to attorney fees will be made between the special attorney and the City of Bremerton. 5. That said special counsel is instructed to proceed immediately with the said undertaking and to use all diligence and dispatch in carrying out this assignment. An emergency exists affecting the peace, health and safety of the inhabitants of the City of Bremerton and this resolution shall take effect immediately following its passage. PASSED by the City Commission, signed by the Mayor and attested by the City Clerk, in authentication of such passage, this 16th day of January, 1941.