HomeMy WebLinkAbout09/24/1956 Business Meeting1
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SEPTEMBER,24, 1956
The City Commission met in regular session, Mayor Behnke, Commissioners Schutt and
Mathews and City Attorney Hawkins present on roll call.
The minutes of the Adjourned meetings of Wednesday., September 19, 1956 and Friday,
September 21, 1956 were approved as read:
Bids having been received on September 4, 1956, as required by law, for 1 pulvi mixer,
1 self propelled pneumatic tired roller, 1 bursh chipper and 1 leaf loader for the
Street Department, it was MOVED by Mathews, seconded by Schutt that the following awards
be made subject to the passage of the 1957 budget:
1. Seaman Pulvi -mixer to Jack Salhbarg
Equipment Company $10,586.50
2. Bros. Pneumatic Roller to Western Tractor
& Equipment. Company. $ 5,006.50
3. Hall Brush Hog i4/safety devise to
Feenaughty Machinery Company 3,408.27
and that the bids on the leaf loader be rejected at this time: carried, Behnke, Schutt
and Mathews voting aye on roll call.
Bids having been received on September
pipe installation, electrical work and
by Behnke that the following awards be
hereby authorized to execute contracts
work upon the filing of the proper bony
and Mathews voting aye on roll call.
19, 1956 Xor the construction of a pumphouse,
turbine pumps, it was MOVED by Mathews, seconded
made and the Mayor and the City Clerk be and are
on behalf of the City of Yakima for doing said
Is as provided by law: carried, Behnke, Schutt-
Schedule 1 - C & S Construction Company 210073.93
Schedule 3 - Picatti Bros.- I 5,993.33
Schedule 4 - Rankin Equipment Company Lane
& Bowler.Pumps $139900.40
Bids on Schedule' 2 withhel -d, pending the opinion of the City Attorney.
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The City Engineer having reported the. completion of the 21st Avenue South Curb & Gutter
District, L.I.D. No. 815 by the contractor, it was MOVED by Schutt, seconded by
Mathews that said work be accepted and the City Engineer authorized to prepare the
assessment roll for said district and the City Clerk instructed to give notice of hear-
ing on said assessment roll for October 15, 1956 at 10 o,clock a.m.: carried, Behnke,
Schutt and Mathews voting aye on roll call.
This being the time for receiving bids for the construction of Sanitary Sewers in Weber
Square and 4th Avenue North at Cherry Avenue, the following were received:
N. L. Kimball $2,273.67
G.G. Teskey $2,449.40
Moved by Mathews, seconded by Schutt that bids be referred to the City Engineer for
recommendation.
Moved by Schutt, seconded by Mathews that we do now adjourn to meet again at the hour
of 10 olclock a.m. on Thursday, September 27, 1956:, carried, Behnke, Schutt and
Mathews voting aye on roll call.
ADJOURNED MEETING, THURSDAY,'SEPTEMBER 27, 1956,.10:00 A.M.
The City Commission met pursuant.to adjournment, Mayor Behnke, Commissioners Schutt
and Mathews and City Attorney Kenneth Hawkins present on roll call.
The minutes of the regular meeting of September 24, 1956, were read and approved.
Moved by Mathews, seconded by Schutt that Resolution No. C -1412 being a resolution
,,,Of intention to improve streets by constructing the necessary mains, fire hydrants,
valves and other appurtances for supplying water for domestic use and fire protection
in all of Westover Addition, property to be benefited more fullydescribed in said
tedolution and this and all future hearings having been waived by-the property
owners; be passed as read: carried,'Behnke, Schutt and Mathews voting aye on roll
call.
RESOLUTION No. C -1412, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF YAKIMA:
That it is its intention to improve the following streets by
constructing the necessary,mains, fire hydrants, valves and other appurtenances for
the purpose of supplying water for domesticc,,use and fire protection:
All of Westover Terrace Addition -That part of W2,E�,NE -!,SA
lying South of the Yakima Valley Canal Co., all within Section 22•, Township 13 North,
Range 18 E.W.M. Also, beginning at a point 325' N. and 130.21 W. of the S.E.Corner
of SW4. of Section 22, Township 13 North, Range 18 E.W.M.; thence E 14$.$1; thence
N. 1051; thence E. 82.21; thence N. 202.631; thence W. 230.21; thence S. 307.76, to
the point of beginning.
The proposed Local Improvement District is to embrace all
property adjacent`to the above mentioned improvements which are subject to assessment.
All persons interested have agreed to the formation of this
Local Improvement District and have waived this.and any future hearings.
A portion of the costs and expenses of said improvement
including engineering, inspection, advertising, publication of notices, if any, and all
other expenses incident thereto shall be levied and assessed against all of the property
legally and properly assessable therefor as provided by law and as above described; and
the remainder of the said costs and expenses shall be borne by the said Water Depart-
ment; and the City Engineer is hereby .directed to submit to the City Commission all of
the data and any other information required by law to be by him submitted; all of
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SEPTEMBER 24, 1956
said improvements to be constructed in full accordance with the plans and specifications
to be prepared by the City Engineer and filed with the City Clerk.
ADOPTED BY THE CITY COMMISSION this 27th day of September, 1956
ATTEST: J. A. SMITH (SEAL) C.H.BEHNKE
City Clerk Mayor
Moved by Mathews, seconded by Schutt that ordinance No. B -1937 providing for the
improvement of property in the City of Yakima by the construction of a sewer system,
establishing a 1-ocal improvement district, to be knot,,m as L.I.D. No. 845 and providing
for the method of payment therefore and creating a special fund, be-passed-as read:
carried, Behnke,, Schutt and Mathews voting aye on roll call.
ORDIIIJANCE NO. B -1937, AN ORDINANCE providing for the improvement of property in
the City of Yakima by the construction of a sewer system, establishing a local
improvement district, providing for the method of payment therefore, and creating a
special fund.
Notice to Contractors - Moved by Mathews and seconded by Schutt that the City Clerk
be instructed to call for bids on sanitary sewers for L.I.D. No. 845, said bids to
be received on or before the 8th day of October, 1956, at 10 o'clock A.N1., at which
time they will be opened and considered: carried, Behnke, Mathews, Schutt voting aye
on roll call.
The awarding of the bid on Schedule 2 of bids received for the construction of a
?dater Pumphouse,-inst-allation of Water Mains and supplying and installing turbine
pumps, having been withheld September 24, 1956 pending the opinion of the City
Attorney and it being his opinion that the City Commission should reject the bid
of Lee Hoffman in the amount of $14,818.00 and either award said bid to the next
highest bidder or readvertise; it was MOVED by Mathews, seconded by Schutt that
Schedule 2 be awarded to Central Heating & Plumbing Company in the amount of
$15,84.5.13 which was the next highest bid: carried, Behnke, Schutt and Mathews voting
aye on roll call.
Moved by Schutt, seconded by Mathews that Resolution No. C- 1413 authorizing payment
and settlement of Wadekamper cases and expenses from the sewer fund, the amounts
being set forth in said resolution, be passed as read: carried, Behnke, Schutt and
Mathews voting; aye on roll call.
RESOLUTION NO. C- 1413, a RESOLUTION authorizing payment and settlement of Wadekamper
cases and expenses from sewer fund.
WHEREAS, on February 6, 1953, and July 20, 1953, complaints
were filed in the Superior Court of Yakima County by Leslie and Genevieve Wadekamper,
husband and wife, and Ana Wadekamper,' being cause Nos. 38602 and 38911 respectively,
against the city of Yakima alleging that during the years 1950 and 1.951 the City in
constructing a drain and sewer caused the destruction of certain natural -springs and
water courses belonging to plaintiffs; and
WHEREAS, these cases came on for trial beginning January
1, 1955, and terminating February 24, 1955, said trial resulting in jury verdicts in
favor of the plaintiffs in the sums of $14,000.00 and 0,000.00 in cause Nos-38602
and 38911 respectively; and
WHEREAS, subsequently, to -wit: On June 28, 1956, notices
of appeal to the Supreme Court of the State of Washington were filed by the City in
these cases; and
WHEREAS, in contemplation of said appeals Mr. Elwood
Hutcheson, former City Attorney, ordered a transcript of the trial court record from
Mrs. Evelyn Howard, court reporter; and
WHEREAS, the City is in receipt of a statement of fees for
services rendered by Mrs. Howard in the preparation of a partial statement of facts
in these cases, the amount of said fees being p'1454.00, and they having been approved
by Mr. Elwood Hutcheson, former City Attorney; and
WHEREAS, as a result of negotiations between the City Attorney
and attorneys for plaintiffs, it has been agreed, subject to confirmation by the City
Commission, that the sums of $11,200.00 and $2,300.00 shall be accepted by the plain-
tiffs as compromise settlements in case Nos. 38602 and 38911 respectively, said
amounts to be in full satisfaction of all claims including interest and court costs,
against the city with.respect to this litigation; and
11T,E REAS, appeals to the Surpreme Court of the State of
Washington would necessitate the incurring of considerable additional expense, and
whereas there can be no assurance that such appeals would be successful, it is deemed
to be in the best interests of the city to accept the terms of said compromise
settlement and to pay the reporter's fees heretofore incurred, NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF YAKIMA:
Section 1. That the City hereby confirms the compromise
settlement in said cause Nos. 38602 and 38911 in the sums of ,$11,200.00 and $2,300.00
respectively, the payment of said amounts to be in full and complete satisfaction of
all claims against the city arising out of this litigation, including interest and
court costs.
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SEPTEMBER,24, 1956
Section 2. That the claim of Mrs. Evelyn Howard in the sum of
$1454.00 for services rendered in the preparation of a partial statement'of facts in
connection with these cases is hereby approved.
Section 3. That- the City Treasurer is hereby authorized and
directed to make the following payments out of the sewer fund: Leslie Wadekamper and
Genevieve Wadekamper, c/o Velikanje, Velikanje & Moore., Miller Building, Yakima,
Washington, $11,200.00; Ana Wadekamper, c/o Velikanje, Velikanje & Moore, Miller
Building, Yakima, Washington, $2,300.00; Evelyn Howard, 2 Shamrock Drive Yakirna,
Washington, $1454.00, provided, however, that the payment of the sumeof <144 4.00 to
Evelyn Howard shall not be made until receipt of the partial statement of facts by the
City Attorney.
ADOPTED BY THE CITY COMMISSION this 27th day of September, 1956
ATTEST: J. A. SMITH (SEAL) C. H. BEHNKE
City Clerk Mayor
Moved by Mathews and seconded by Schutt that the Engineerfs recommendation to award
the contract on Weber Square Fourth and Cherry sewer extension to N. L. Kimball in
amount of $2,273.67: carried, Behnke, Mathews and Schutt voting aye on roll call
There being no further business,it was moved by Schutt, seconded by Math ws, we do
now adjourn to meet on Monday, October 1, 1956, at the hour of 7?) otclockp*.M.
A Y 0 R
ATTEST:
Y, C L E R K