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Home My WebLink About08/26/1963 Business Meetingr 462 AUGUST 26, 1963 The City Council met in regular session, Mayor Larson, Councilmen Lemon, Lynch, Munger and Robinson, City Manager Smith and "ity Attorney Andrews present on roll call. Councilmen Kurbitz, and Lemon absent and excused. The invocation was given by Councilman Munger. The minutes of the regular meeting of August 19, 1963 were approved as corrected. An ordinance appropriating $14,572.00 from the unappropriated moneys of the 1962 Street Improve- ment Bond Redemp� ion d oeBO-Interest o ikon eRI his n &FR t Redemption classification of the 196' Budget, �av b E F 1 R RRtlrety an ai on e table for one week, was read by title only at this meeting and it was MOVED by Lynch, seconded by Munger that Ordinance No. 460 providing for said appropriation, be passed as read: carried, Brazier, Larson, Lynch, Munge and Robinson voting aye on roll call. Kurbitz and Lemon absent. ORDINANCE NO. 460, AN ORDINANCE appropriating the sum of $14,572.00 from the unappropriated moneys of the 1962 Street Improvement Bond Redemption Fund to Account 6 -20, Bond Interest, of t h Interest & Debt Redemption classification of the 1963 appropriation for 71.5 -1962 Street Improvement Bond Redemption Fund. In accordance with action taken.by the City Council at their regular meeting of August 19, 1963, a resolution authorizing a temporary loan of $7,826.00 from the 1962 Street Improvement Construc- tion Fund - to the — , e ent —G� ~�� ~ �' ' ��n4 4® �} 1962 Street Improvement Bond vzrvvt- u -u -u� iv - Redemption Fund was brought on for consideration and it was MOVED by Robinson, seconded by Munger that Resolution No. D -58$ providing for said loan, be passed as read: carried, Brazier, Larson, Lynch, Munger and Robinson voting aye on roll call. Kurbitz and Lemon absent. RESOLUTION NO. D -5$$, A RESOLUTION authorizing a temporary loan of 07,826.00 from the 1962 Street Improvement Construction Fund to the 1962 Street Improvement Bond Redemption Fund. Moved by Lynch, seconded by Robinson that Resolution No. D -589 vacating a public utility easement within Edgecliff Manor Addition as requested by Douglas Fellows on Petition No. 220, be passed as read: carried, Brazier, Larson, Lynch, Munger and Robinson voting aye on roll call. Kurbitz and Lemon absent. RESOLUTION NO. D -589, A RESOLUTION vacating a public utility easement within Edgecliff Manor Addition to the City of Yakima. Moved by Munger, seconded by Lynch that Resolution No. D -590 vacating the North 10 feet of the South 155 feet of the West 110 feet of the East 190 feet of Lot 55, Kerts Villa Lots Addition as requested by the Starliter, Inc., on Petition No. 221, be passed as read: carried, Brazier, Lars( Lynch, Munger and Robinson voting aye on roll call. Kurbitz and Lemon absent. RESOLUTION NO. D -590, A RESOLUTION vacating a sewer easement within Kerts Villa Lots Addition to the City of Yakima. Moved by Munger, seconded ,by Brtije atha authorizing the City Atto rney to, appeal from the Judgment in Ke ma� er g Ke ima vs Stephen H. Huza to the Supreme Court of the State of Washington, be passed as read: carried, Brazier, Larson, Lynch, Munger and Robinson voting aye on roll call. Kurbitz and Lemon absent. City Attorney Andrews explained) that it is hoped that the high court will rule on the validity of the ordinance as submitted by Stephen Huza and others, in the petition seeking repeal of the business and occupation tax on utilities and the refund of tax money already collected. He explained further that if the validit is not determined the citizens could bring, suit after the supreme courts ruling, to either force the City to refund the tax collected or could restrain it from making the refund. Councilman Brazier explained that it is not the intention to deprive anyone from voting on the issue but that he beleeves that a second lawsuit will result if the matter is submitted to the voters in it's present form. Mayor Larson concurred with Councilman Brazierts statement and stated further that he believes many people who signed the, petition, did so not knowing what they were signing. RESOLUTION NO. D -5911 A RESOLUTION authorizing and directing the City Attorney of the City of Yakima to appeal from the Judgment in the matter of the City of Yakima vs. Stephen H. Huza, Yakima County Superior Court No. 46007, to the Supreme Court of the State of Washington. Moved by Munger, seconded by Robinson that Resolution No. D -592 authorizing the execution of an agreement with the Oregon- Washington Railroad & Navigation Company and the Union Pacific Railroad Company, be passed as read: carried, Brazier, Larson, Lynch, Munger and Robinson voting aye on roll call. Kurbitz and Lemon absent. Discussion indicated th�at this agreement and the agreement with the Northern Pacific Railway Company are necessary in order that test holes and bores can be made in preparation for the construction of the Lenox Avenue Overpass. RESOLUTION NO. D -592, A RESOLUTION authorizing and directing the City Manager and the `'i.ty Clerk of the City of Yakima to execute, an Agreement with Oregon- Washington Railroad & Navigation Company and Union Pacific Railroad Company. Moved by Munger, seconded by Lynch that Resolution No. D -593 authorizing the execution of an Agreement with the Northern Pacific Railway Company, be passed as read: carried, Brazier, Larson, Lynch,.Munger and Robinson votirg aye on roll call. Kurbitz and Lemon absent. RESOLUTION NO. D -593, A RESOLUTION authorizing and directing the Mayor and the City Clerk of the City of Yakima to execute an Agreement with Northern Pacific Railway Company. Moved by Lynch, seconded by Robinson that Resolution No. D -594 denying the damage claim in the am( of $14,675.00 as filed by the Yakima Ice Arena, Inc., for damages from a broken storm sewer, be passed as read: carried, Brazier, Larson, Lynch, Munger and Robinson voting aye on roll call. Kurbitz and Lemon absent. RESOLUTION NO. D -594, A RESOLUTION denying a damage claim filed against the City of Ykima by Yakima Ice Arena, Inc. Moved by Lynch, seconded by Munger that Resolution No. D -595 denying the damage claim in the amount of $14,000.00 as filed by L.L. Buchanan for damages from a broken storm sewer, be passed as read: carried, Brazier, Larson, Lynch, Munger and Robinson voting aye on roll call. Kurbitz and Lemon absent. )n nt 1 1 1 1 1 I 1 1 463 AUGUST_, 2�, 1963 RESOLUTION NO. D -595, A RESOLUTION denying a damage claim filed against the City of Yakima by, L.L. Buchanan and Laura Buchanan, husband-and wife. Moved by Munger, seconded by Robinson that the resolution denying a damage claim as filed by Carl W. Walker, in the amount of_�$30.00 for damages to his yard,,:from, weed spray used in the alley, be passed as read. Public Works Lirector Mayo having explained the Cityts spray program for weed killing and the Council asking for more information on the types of spray and amounts used, it was MOVED by Robinson, seconded by Munger that this matter be continued for one week. or until the regular meeting of the City council on September 3, 1963: carried, Brazier, Larson, Lynch, Munger and Robinson voting aye by voice vote. Kurbitz and Lemon absent. Moved by Lynch, seconded by Munger that Resolution-No. D -596 authorizing -the payment of $16.00 to Bernard J. Kline for repair of glasses damaged in the performance of his duties,,-be passed as read: carried, Brazier, Larson, Lynch, Munger and Robinson voting aye on roll call, Kurbitz and Lemon absent. RESOLUTION NO. D -596, A RESOLUTION- authorizing the payment of $16.00 to Bernard J. Kline. Moved by Robinson, seconded by Munger that Resolution No. D -597 transferring $144.00 within the 1963 Budget for Municipal Court for the purchase of a new electric adding machine, be passed as read: carried, Brazier, Larson, Lynch, Munger and Robinson voting aye on roll call. Kurbitz and Lemon absent. RESOLUTION NO. D -5972 A RESOLUTION transferring the-sum of $144.00 within the 1963 appropriation for 03- Municipal Court. City Manager Smith requested Council approval to send Frank Stein, Public Utilities Director, Paul Page, Sewer Superintendent and Robert Tollefso n, an Engineer to visit Sewage installations at Corvallis, Eugene and Salem Oregon on September 5, through the 7th, 1963. He explained that it will be possible for these men to see new machinery and equipme nt in operation and which is similar to that which will be used in our improvements. He estimated the cost-of the trip at $30.00 per man. It was MOVED by Munger, seconded by Robinson that Paul Page, Frank Stein and Bob Tollefson be allowed to make this trip and that their expenses be paid: carried, Brazier, Larson, Lynch, Munger and Robinson voting aye by voice vote. City Manager Smith also requested permission -to °attend the 49th Annual Convention of the Inter- national Association of City Managers to be held in Denver Colorado on-October 13 through the 17, 1963. He estimated his expenses to be $200.00 to$225.00. It was MOVED by Robinson, seconded by Munger that City •Manager Pmith be allowed to attend this conference and that his expenses be paid carried, Brazier, Larson, Lynch, Munger and Robinson voting aye by voice vote. Kurbitz and Lemon absent. There being-no further business to come-before the Council, it was MOVED by Lynch seconded by Brazier that we do now adjourn at the hour of 4:35 P.M.: carried, Brazier, Larson, Lynch, Munger and Robinson voting aye by voice vote. Kurbitz and Lemon absent. ATTEST: = CITY CLERK