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HomeMy WebLinkAbout05/14/1956 Business Meeting1 1 1 1 MAY 14, 1956 The City Commission met in regular session, Mayor Burns and Commissioners. Huza and Huey present on roll call. The minutes of the regular meeting.of Monday, May 7, 1956.and adjourned meeting thereof, be approved as read. This being the time for receiving bids for the construction of a reinforced concrete bridge across the Wide Hollow Creek at the Municipal Airport; the.following were received: N. L. Kimball DeAtley Paving & Crushing Co. $6,468.80 4,339.00 it was MOVED by Huey, seconded by Huza that said bids be taken under advisement: carried Burns, Huza and Huey voting aye on roll call. This being the time for the hearing on Resolution No. C -1366 providing for the grading, ballasting, surfacing and construction of concrete curbs and gutters, in Lots 1 to 13, Chestnut Park, and -there being no objections in.wi-iting or otherwise to said improvement or-any part thereof; it was MOVED by Huey, seconded by Huza that Ordinance No, B -1879, creating L. I. D. No. 841, be passed as read: carried, Burns, Huza and Huey voting aye on roll call. ORDINANCE NO. B -1879, AN ORDINANCE providing for the improvement of certain property by grading, ballasting, surfacing and constructing concrete curbs and gutters; establishing a local improvement district, providing for the method of payment therefor, and creating a special fund. This being the time for the hearing on the annexation proceedings for the annexation to the City of Yakima of the following described property, to -wit: Beginning at the inter- section of the center line of.West Mead Avenue with the center line of First Avenue South; thence South along the center line of First Avenue South to the south line ex- tended of Lot 22, T.. J. Hackett Addition; thence West along the South line of Lots 22 and 21 of said Addition to the west line of said Lot 21; thence North along said west: line to the center line of West Mead Avenue; thence East along the center line of West Mead Avenue to the point of beginning, situate in Yakima County, Washington; and there being no objections in writing or otherewise to said annexation or any part thereof; it was MOVED by Huey, seconded by Huza that Ordinance No.,B -1880 annexing said above de- scribed property and every part thereof, be, passed as read: carried, Burns, Huza and Huey voting aye on roll call. ORDINANCE NO. B -1880, AN ORDINANCE providing for the annexation by the City of Yakima, Washington, of certain property contiguous to the City of Yakima, Washington. Moved by Huey; seconded by Huza that the City Clerk is hereby instructed to call for bids for grading, ballasting, surfacing and constructing curbs and gutters on Lots 1 to 13, Chestnut Park, L.I-.D. No. 841; said bids to be received on Monday the 4th day of June, 1956 at 10 o'clock a.m.: carried, Burns, Huza and Huey voting aye on roll call. An ordinance was introduced, read by the ,City Clerk.and ordered laid on the table for one week as provided by law for the expenditure of funds not budgeted for extra labor for the Street Department in the sum of $4,435.00,.said extra labor having been neces due to the winter damage to the streets: carried, Burns, Huza and Huey voting aye on roll call. An ordinance was introduced, read by the City Clerk and laid on the table for one week as provided by law providing.for the expenditure of funds not budgeted, in a"sum not:,to exceed the sum of 44,500.00, to replace the wooden bridge that was damaged by the recent flood water across.the Wide Hollow Creek at the Municipal Airport: carried, Burns. Huza and Huey voting aye on roll call. Moved by Huey, seconded by Huza that final disposition for the annexation of the West- over Terrace Addition and also property owned by Dick Maddox which extends to Tieton Drive be held in abeyance, pending a suit in the Superior Court of John W. Geoghegan and wife vs. the City of Yakima, a municipal, which was filed May 14, 1956: carried, Burns, Huza and Huey voting aye on roll call. Moved by Huey, seconded by Huza that Resolution No. C -1377 providing that all future action relative to the proposed industrial waste sewage project be postponed by the present City Commission, and that any further action on said project be referred to the newly elected City Commission in compliance with their request, be adopted as read: carried, Burns, Huza and Huey voting aye on roll call. RESOLUTION NO. B -1377, WHEREAS, the newly elected members of the Yakima City Commissionll who are to take office on June 4, 1956, have unanimously requested the present City Com- mission to postpone further action on the matter hereinafter referred to and WHEREAS, it.is believed that the industrial waste sewerage problem is extremely urgent and.important to the City of Yakima and the canneries situ- ated therein, and'the present City Commission is of the opinion that there should be -no greater delay than necessary with reference thereto.; but it has been decided to postpone further action thereon until the said newly elected City Commission takes office; now, therefore, -BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF YAKIM: That Stevens & Thompson are hereby requested to postpone until June 6, 1956, any further performance of the engineering contract heretofore signed by them and the City of Yakima with reference to the .said industrial waste sewerage engi- neering; and that nothing herein contained shall be deemed as authorization, re- author- ization, or ratification of the signing of said contract. ATTEST: PEARL BENJAMIN City Clerk ADOPTED BY THE CITY COMMISSION this 14th day of May, 1956. (SEAL) G. W. BURNS Mayor . 97 W iX_ r MAY 14, 1956 Moved by Huza, seconded by Huey that Resolution No. 0-1378 authorizing the Mayor and City Clerk to execute an agreement in the form of a compromise settlement of pending Airport Condemnation Case, Cause No, 39819, in the Yakima Superior Court with the de- f endent Congdon Orchards, Inc. in the sum of $13,500.00, and other matters more fully described and set forth in said agreement, be adopted as read: carried, Burns, Huza and Huey voting aye on roll call. RESOLUTION NO. C -1378, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF YAKIMA: That the City of Yakima shall make a compromise settlement of pending Airport Condemnation case, Cause No. 39819, in the Yakima County Superior Court, with the defendant Congdon Orchards, Inc., a corporation, by the payment of the sum of $13,500.00 for a Warranty Deed conveying the two tracts of Congdon real estate referred to as Tracts A and B and described more fully in Paragraph 2 of the Petition for Condem- nation therein, and that the City shall at its expense construct certain fences and roadway as more fully provided in Ordinance B -1842 passed on February 6, 1956, and sub - ject to the further terms and conditions as more fully provided in the - Memorandum Agree- ment between the City of Yakima and Congdon Orchards, Inc., a copy of.which is attached hereto and incorporated by reference herein, and the Mayor and City Clerk on behalf of said City-are hereby authorized and directed to execute said Memorandum of Agreement; and the appropriate city officials are authorized and directed to pay to the.Congdon Orchards, Inc. the said agreed sum of $13,500.00 and to do any and all things necessary or proper for closing said compromised settlement and carrying out said Agreement. ATTEST: PEARL BENJAMIN City Clerk ADOPTED BY THE CITY COMMISSION this 14th day of May, 1956. (SEAL) G. W. BURNS Mayor Moved by Huey, seconded by Huza that Resolution No. 0-1379 authorizing and instructing the Mayor and City Clerk to execute an agreement with Mrs. Theo Ho Mays, relative to the operation of a certain irrigation water pump, subject to the terms and conditions -more fully stated in said agreement, be adopted as,read: carried, Burns., Huza and Huey votinE aye on roll call. RESOLUTION NO. C -1379, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF YAKIMA: That the Mayor and City Clerk are hereby authorized on behalf of said City to execute an agreement with Mrs.'The.o H. Mays, granting revocable permission to her for the operation of a certain irrigation water pump in Irrigation Local Improve- ment District No. 556, subject to the terms and conditions and as more fully stated_ in said agreement, copy of which is attached to and incorporated by r.eference.herein. ATTEST: PEARL BENJAMIN City.Clerk ADOPTED BY THE CITY COMMISSION this 14th day of May, 1956. (SEAL) G. W. BURNS Mayor Moved by Huey, seconded by Huza that Resolution No. C -1380 granting to the Chicago Junk and Machinery Company the use of Lots 1 and 2. Block�252 in connection with its junk business until May 1, 1958, be adopted as read: carried, Burns, Huza and Huey voting aye on roll call. RESOLUTION NO. 0-1380, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF YAKIMA: That permission -is hereby granted to the Chicago Junk and Machi ery Company, at the request of certain neighbors thereof, to use Lots 1 and 2. Block 2j Town of North Yakima, now City of Yakima, in connection with its junk business until May-1, 1958, upon and subject to the following conditions: 1. That in connection with the use of said lots for storing iron and steel metal products on the open portions of said lots the said company shall enclose the portion of said lots so used with a solid metal fence at least six feet high so that the storage of said iron and steel metal products and other merchandise shall not become a nuisance-to the adjoining property owners. 2. That said company shall and has heretofore agreed that the permission above granted for the use of said Lots 1 and 2 shall be at all times a non- conforming use of said property under the city zoning ordinances, and that permission for the use of the above described land in connection with said junk business shall terminate on May 1, 1958. ATTEST: PEARL BENJAMIN City Clerk ADOPTED BY THE CITY COMMISSION this 14th day of May, 1956. (SEAL) G. W. BURNS Mayor Moved by Huza, seconded by Huey that Resolution No. C -1381 authorizing the Mayor and City Clerk to execute an Airport lease dated January 3, 1956, for and on behalf of the City of Yakima and Baxter Aircraft, Inc, at the Yakima Municipal Airport for a ten year period ending on- December 31, 1956, at an annual rental of $179.78, payable at the rate of x$14.98 per month in advance, be adopted as read: carried, Burns, Huza and Huey voti aye on roll call. RESOLUTION NO. 0-13810 BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF YAKIMA: That the Mayor and -City Clerk are hereby authorized on behalf of said city to execute airport lease doted January 3rd, 1956, between the City of Yakima, as Lessor, and Baxter Aircraft, Inc., a corporation, as Lessee, leasing approximately 35,955 square feet of area at the Yakima Municipal Airport for a ten year period ending on December 31, 1965, at an annual rental of $179.78., payable at the rate of $14.98 monthly in advance, subject to all of the terms and conditions as more fully provided in said - lease, a copy thereof being attached hereto. ADOPTED BY THE CITY COMMISSION this 14th day of May, 1956, ATTEST: PEARL BENJAMIN (S E A L) G. W. BURNS 1 1 1 1 1 1 MAY 14 1956 Moved by Huey, seconded by Huza that Resolution No. 0-1382 being a- resolution of in- tention to construct the necessary mains, fire hydrants, valves and other appurtenances for the purpose of supplying water for domestic purposes and.fire protection, and fixing the date of hearing on said resolution as of.Monday the 11th day of June, 1956, at 10 o'clock a.m., be adopted as read: carried, Burns, Huza and Huey voting aye on roll call RESOLUTION NO. C -13821 BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF YAKIMA: That it is its intention to improve the following property by constructing the necessary mains, fire hydrants,,valves and other appurtenances for the purpose of supplying water for domestic use and fire protection. The district to be served by and assessed.for the above de- scribed improvement is situate in Yakima,.Yakima County, Washington, and described as follows, to -wit: The.boundaries of the proposed district are as follows: Beginning at the intersection of the center line of South First Street and Mead Avenue; thence east along the center line-of Mead Avenue 485 feet; thence south 450 feet; thence west to the center line of.South First Street; thence south- easterly along said center line to the south line of the North Half of the Northeast Quarter of Section 31, Township 13 North, Range 19 E.W.M.,; thence westerly along said south line to a point which is westerly of and 130 feet measured at right angles from the easterly line of the Northern Pacific Railway right -of --way; thence northwesterly along a line parallel with the main track of said Railway to the center line of Mead Avenue; thence easterly along said center line to the point of beginning, Yakima County, Wash- ington; said improvement to be constructed in full accordance with the plans and specifications to be prepared by the City Engineer and filed with the City Clerk. All persons who may desire to object to said proposed Improve- ment are hereby notified to appear and present such objections, if any, at a meeting of the City Commission, to be held at its office in the City Hall, Yakima, Yakima Count, Washington, at the hour of 10 :00 a.m. on Monday, the 11th day of June, 1956, which time and place are hereby fixed for the hearing of all matters relating to said improvement, or objections thereto, and for determining the method of payment therefor; and the City Clerk is hereby directed to give due notice of said hearing and of the intention to make the aforesaid improvement. A portion of the costs and expenses of said improvement, in- cluding the-engineering, inspection, advertising, publication of notices, and any other expenses incident thereto, shall be levied and assessed against the above described property as provided by law, and the balance of said costs and expenses shall be borne by the City Water Department; and the City Engineer is hereby directed to submit to the City Commission at or prior.to.the date fixed herein for said hearing, all of the data and other information required by law to be by him submitted. ATTEST: PEARL BENJAMIN City Clerk ADOPTED BY THE CITY COMMISSION this 14th day of May, 1956. (SEAL) G. W. BURNS Mayor Moved by Huey seconded by Huza that the claim of Vernon W. Dunbar and wife, in the sum of $36,884.00, for damages alleged to have been sustained by reason of a collision with a car driven by one of -the members of the City Fire Department, while said claim- ants were waiting for a traff ic.light.to change at the intersection of South Third Street and Chestnut Street in the City of Yakima, is hereby rejected: carried, Burns Huza and Huey voting aye on roll call. Moved by Huey, seconded by Huza that the claim-of Harley Taylor in the sum of $1,020.00 for damages alleged'to have been sustained by reason of his 1953 Dodge Van Truck, driven by Clement Emard on the 13th day of February, 1956, while proceeding west on East Spruce Street near the intersection of Union Street and said East Spruce Street, collided with a tree and the branches thereof which protruded over the street at such a low height that it was impossible for said truck not to come in contact, be rejected: carried, Burns., Huza and Huey voting aye on roll call. Moved by Huza, seconded by Burns that the claims of James King, Gerald Morrison and C. L. Roberts for back pension from the P. R. & P. Fund and additional pension in the future,beginning May 1, 1956 be approved in accordance with an opinion by the Supreme Court in such cases made and provided, and upon recommendation of the City Attorney: carried: Burns, Huza and Huey voting aye on roll call. Moved by Huey, seconded by Burns that we do now adjourn to meet Wednesday, May 16, 1956 at 10 o'clock a.m.: carried, Burns, Huza and Huey voting aye on roll call. ADJOURNED MEETING, WEDNESDAY, MAY 161 1956, 10:00 A. M. The City Commission met pursuant to adjournment, Mayor Burns and Commissioners Huza =an`d Huey present on roll call, Moved by Huey, seconded by Huza that the bids heretofore received for the construction of a reinforced concrete bridge across the Wide Hollow Creek at Municipal Airport be rejected, for the reason that said bids exceed the Engineer's estimate: carried, Burns, Huza and Huey voting aye on roll call. Moved by Huey, seconded by Huza that the petition of 0. G. Chisholm, et al for annex- ation of beginning at the intersection of the West line of the Sz of the E� of the E2 of the SW� of Section 22 -13 -18 EWM. with the center line of West Chestnut Street; thence.North along the West line of said Subdivision to the center line of Summitview Avenue; thence East along the center line of Summitview Avenue to the East line of 997 d IN 10� MAY 14;.1956 of-said Subdivision; thence South along the said East line to the center line of West; Chestnut Street; thence West along the center line of West Chestnut Street to the point of beginning, be accepted, and a hearing set on said petition for Monday, the 21st day of May,.- 1956,•at the hour of 10 o'clock a.m.: carried, Burns, Huza and Huey voting aye on roll call. Moved by Huey, seconded by Huza that Resolution No. C- 1:383, authorizing the City Clerk.. to advertise for bids for the sale of the property more particularly described in said resolution, and fixing the date for receiving said bids as of Monday, the 28th day of May 1956, at the hour of 10 o'clock a.m.: carried, Burns, Huza and Huey voting aye on roll call. RESOLUTION N0, 0-1383, WHEREAS, the city of Yakima is now the owner of the following described real property situate in said City,-Yakima County, Washington, to -wit: A portion of the north 93.32 feet of Lots 1 and 2 of Black Second Subdivision of North Yakima, now Yakima, according to the official plat thereof now on file and of record in the office of the Auditor of Yakima County, Washington, more particularly described as follows: Beginning at the northwest corner of Lot 2 of said Subdivision; thence south along the west line of said lot 93.32 feet; thence east parallel-with the south line of said lot 9.48 feet; thence northeasterly a distance of 106.19 feet'to a point on the north line of Lot 1 of said Subdivision 10.15 feet east of the north- west corner thereof; thence west along the north line of said Lots 1 and 2 a distance of 60.15 feet to the point of beginning; and, WHEREAS, the City. of Yakima has no use or need for said property and it is for the'best interest of said city that said property be sold as soon as practicable; now, therefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF YAKIMA : That the City of Yakima and its appropriate city officials shall forthwith sell the hereinabove described property.for cash to the highest and best bidder therefor., to be conveyed by quit -claim deed, without warranty and without fur- nishing title insurance, the city reserving the right to reject any and all bids; and the city clerk is hereby directed to advertise for bids therefor. ATTEST: PEARL BENJAMIN City Clerk ADOPTED BY(THE,CITY COMMISSION this 16th .day of May, 1956. (SEAL) G. W. BURNS Mayor Moved by Huey, seconded by Huza that Resolution No. C -1384 approving and authorizing the Mayor to endorse such approval .upon Change Order No. 1, of the Ranney System; all, as more fully described and set forth in said Resolution No. C -1384, be adopted as read: carried, Burns, Huza and Huey voting aye on roll call. RESOLUTION NO. C -13849 BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF YAKIMA: That the City of Yakima does hereby approve,. and the Mayor is hereby authorized and directed to endorse such approval, upon Change Order No. 1 modi- fying the contract between said City and the .Ranney Method Western Corporation relative to the Ranney System well now being drilled near the.Naches River, providing that the caisson isc.to'be sunk only to elevation 1123.13, and providing for the construction of two rather than three 11.5 foot sections under Item No. 6, and reducing the amount pay- able by thefCity to the contractor in-the sum of $$6,101.12 for said eliminated work, the said Change Order having been approved and recommended by the consulting engineers on said project. ATTEST: PEARL BENJAMIN City Clerk ADOPTED BY THE CITY COMMISSION this 16th day of May, 1956. (SEAL) G. W. BURNS Mayor Moved by Huey, seconded by Huza that the application of W. W. Linse.for permission.to hook onto the sewer on Lot 18, MaryLin Addition is hereby approved, subject to approval by resolution by the City Attorney to be submitted at a later date: carried, Burns, Huza and Huey voting aye on roll call. Moved by Huza, seconded by Burns that we do now adjourn: carried,. Burns, Huza and Huey voting aye on roll call. 1 t ATTEST. au/ 0 I T C L E R K 1 n f