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Home My WebLink About06/03/1957 Business Meeting230 JUNE ,3; 1957 The City Commission met in regular session, Mayor Alderson, Commissioners Schutt and Mathews and Assistant Attorney Loy present on roll call. The minutes of the regular meeting of May 27, 1957.and adjourned meeting thereof, were passed as read. This being the time for the hearing on Resolution No. C- 1471, being a resolution of intention to improve 40th Avenue, Arlington Ave., and 41st Avenue by grading, ballasting, surfacing and constructing concrete curbs and butters, and there being considerable protests to said improvement,,it was MOVED by Mathews, seconded by Schutt that the City Engineer investigate and tabulate said protests and make recommendation at the next regular meeting of the City Commission: carried, Alderson, Schutt and Mathews voting aye on roll call. AheOrdinance rezoning property located at 4008 Summitview Avenue from Limited Business, Area 4 to "C" Residence, Area 1 was read and therebeing protests to the change in zoning it was MOVED by Schu.tt,aseconded by Mathews that this matter be given more consideration and said Ordinance tabled until the next regular meeting on Monday, the 10th day of June 1957; carried, Alderson, Schutt and Mathews voting aye on roll call. Bids having been received on Monday, the 27th day of May 1957, for the purchase of a new 1957 112 ton truck for the Irrigation Department and the bid of Wagner Chevrolet Company being the only bid received, it was MOVED by Schutt, seconded by Alderson that this bid be awarded: carried, Alderson, Schutt and Mathews voting aye on roll call. Moved by Mathews, seconded by Schutt that Resolution No. C -1477 setting forth conditions of compromise- settlement of a law suit between the City and C & S Construction Company, said suit evolving after the completion of the construction of the 5th Avenue Sewer Project, L.I.D. 834 and involvin the final payment to the contractor as -the City, pursuant to statute, retained IN of the contract price for the job, or the sum of 3,,153.84, -said resolution authorizing the City Attorney to settle said lawsuit for 750.00 and-..pay -the net balance due or $2,403.84 upon the filing of a release with the City Clerk, be passed as read: carried, Alderson, Schutt and Mathews voting aye on roll call. RESOLUTION NO. C -1477, WHEREAS, on April 16, 1956, the City entered Into a contract with C & S Cors truction Company for the construction of the 5th Avenue Sewer Project, being with Local Improvement District No. 834; and WHEREAS, after completion of said project a dispute arose between the City and the contractor; and WHEREAS, the City has, pursuant to statute, retained 15% of the amount of the contract price for the job, to -wit: the sum of $3,153.84; and WHEREAS, as a result of said dispute there is now in progress in the Superior Court in and for Yakima County a law suit between the city and C & S Construction Company, and WHEREAS, it is deemed to be in the best interests of the City to enter into a compromise settlement with said C & S Construction Company, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF YAKIMA: - Section 1. That the City Attorney is hereby authorized to comp mise and settle said lawsuit for the sum of $750.00. Section 2. That the aforementioned settlement shall be deducted from the amount being retained by the City and the City Treasurer is hereby authorized and directed to pay to C & S Construction Company the net balance due; provided, however, that no amount,hhall be paid to said company until a release of all claims arising out of said contract has been filed with the City Clerk, ATTEST: J. A. SMITH City Clerk ADOPTED BY THE CITY COMMISSION this 3rd day of June, 1957• (S E A L) JOE K. .ALDERSON Mayor A release having been filed in compliance with Resolution No. C -1477, by the C & S. Construction Company, it was MOVED by Mathews, seconded by Schutt that the City Clerk be instructed to proceed with payment -of 21��b3 84`''to` the "C & S Construction Company, said amount being the.net balance due the contractor on L.I.D. No. 834 after settlement of lawsuit: carried, Alderson, Schutt and Mathews voting aye on roll call. Moved by Mathews, seconded by Schutt that Resolution No. C -1478 providing for the transfer of $50.00 from the "Radio Transmitter and Receiver" .item of the Irrigation Department Appropriation to the "Truck Replacement" item within the-'- Capital Outlay Classification, be passed as read: carried, Alderson, Schutt and Mathews voting aye on roll call. RESOLUTION NO. C -1478, A RESOLUTION providing for- the transfer of funds within the Irrigation Department. - WHEREAS, a surplus of funds .exists in the "Radio Transmitter and Receiver" item of the Irrigation Department appropriation in the 1957 Budget, while a shortage exists in'the "Truck Replacement" Item in said appropriation, both of said items being within the Capital Outlay classification;,and . WHEREES, the City Commission deems it in the best interests of the City to make said transfer within the Irrigation Department appropriation; and WHEREAS, the action corgi templated herein is authorized by R.C.W. it '3.1 1 1 1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF YAKIMA: Section 1. That $50.00 be and.the same is hereby transferred from the "Radio Transmitter and Receiver" item of the Trrigation Department Appropriation to the "Truck Replacement ".item in said appropriation, said items being within the Capital Outlay classification. Section 2. That the City Treasurer is hereby authorized, empower ed and directed to make the aforementioned transfers in the irrigation department appropriation. ATTEST: J. A. SMITH City Clerk ADOPTED BY THE CITY COMMISSION this 3rd day of June, 1957. (S E A L) JOE K. ALDERSON Mayor Moved by Schutt, seconded by Alderson that the report submitted by the City Treasurer showing investments purchased during the month of May 1957 be accepted as read: carried Alderson, Schutt and Mathews voting aye on roll call. May 31, 1957 City Commission Yakima, Washington Gentlemen: The following investments were purchased during the month of May: L. I. Guaranty Yakima L.I.D. Yakima L.I.D. Yakima L.I.D. Yakima L.I.D. Yakima L.I.D. Yakima L.I.D. Yakima L.I.D. #847 - Warrant 3 #847 - Warrant 11 #852 - Warrant 12 #852 Warrant 13 # ?&Warrant 14 # � Warrant 15 #45V 7warrant 16 Water & Sewer Department U. S. Treasury Bills U. S. Treasury Bills General Obligation Bond Redemption U. S. Treasury Bills APPROVED: INVESTMENT COMMITTEE $ 40.27 11,132.41 10.50 .571.10 66.54 134.76 634.47 49,594.50 49,594.50 9,918.90 $ 12,590.05 $ 99,189.00 9,918.90 $121p697.9'5 Yours very truly, Gladys H. Richter City Treasurer Joe K. Alderson, Mayor K. C. Schutt, Clerk Gladys H. Richter, Treasurer Bids having been received for the grading, ballasting, surfacing and constructing concrete curbs and lgitters, being L.I.D. No. 853, on May 27, 1957, it was MOVED by Mathew seconded by Schutt that the of Columbia Asphalt Paving Company-and Deblasio Brothers in the amount of $30,392.50 be awarded and the Mayor and the City Clerk be and are hereby authorized to enter into a contract upon the filing of the proper bond by said contractor carried, Alderson, Schutt and Mathews voting aye on roll call. The City Engineer having submitted the following monthly estimates for work performed on City Projects during the month of May, 1957, it was MOVED by Mathews, seconded by Schutt the the City Clerk be and is hereby authorized to issue warrants in payment thereof: C & E Construction Co. Del Mar Terrace Paving L.I.D. 848 $3,596.39 C & E Construction Co. Buwalda Lane Paving L.I.D. 847 10,881.44 Olson Electric Company Airport High Intensity Lighting 10,107.63 Centval Heating & Plbg. Ranney Well Sched.II Pumphouse 188.14 Picatti Bros, Ranney Well Sched III Electrical 963.31 carried, Alderson, Schutt and Mathews voting aye on roll call. Moved by Mathews, seconded by Schutt that we do now adjourn to meet again at the hour of 3 :30 p.m. on this same day: carried, Aldersong Schutt and Mathews voting aye on roll cal ADJOURNED MEETING, MONDAY, JUNE,,3; 1957, 3 :30 P.M. The City Commission met pursuant to adjournment, Commissioners Mathews and'Schutt present on roll call. Mayor Alderson and City Attorney absent. The City Engineer reporting that the protests on Resolution No'. C -14 71 providing for the surfacing and construction of concrete curbs and gutters on 40th Avenue, Arlington Avenue and 41st Avenue exceed the 60% which requires mandatory rejection of the project, it was MOVED by Mathews, seconded by Schutt that Resolution No. C -1471 be recinded and a new resolution drawn to cover this project excluding 41st Avenue; carried, , Schutt and Mathews voting aye on roll call. Alderson absent. 1. JUNE 3, 1957 The City Clerk proceeded to read a new resolution excluding 41st Avenue and there still being protests to said project no further action was taken. "p,h-J;S-.7 rde- tI n �gr&dJodfrn-e.,&.(tO jqe6it-tig m J9n ay-,the,,.10th- M A Y 0 R I ATTEST: