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HomeMy WebLinkAbout06/28/1965 Business Meeting . : JUNE 28, 1965 . The City Council met in regular session, Assistant Mayor Brazier, Councilmen Brown, Kurbitz Lambert, Lynch and Robinson and City Manager Smith and City Attorney Andrews present on rol call. Mayor Larson absent. MOVED by Lynch seconded by Robinson that Mayor Larson be . excused from this meeting; carried, Brazier, Brown, Kurbitz, Lambert, Lynch and Robinson voting, aye on roll call. The invocation was given by Councilman Lambert. The minutes of the regular meeting of June 21, 1965, having been duly certified accurate by two Councilmen and no one present wishing to have said minutes read publicly, Assistant Mayor Brazier declared said minutes, approved as recorded. This being the time for the hearing on the assessment roll for L.I.D. 923, Summitview Avenu:., 40th to )42nd Aves., Curb, Gutter and Paving District, and therebeing no protests in writing or otherwise, it was MOVED by Lynch, seconded by Lambert, that Ordinance No. 665 confirming said assessment roll for said District and every part thereof be passed as read; carried Brazier, Brown, Kurbitz, Lambert, Lynch and Robinson voting aye on roll call. Larson absenr. ORDINANCE NO. 665, AN ORDINANCE confirming the assessment roll covering Local Improvement District No. 923 as created and established by Ordinance No. 534 of. the Ordinances of the City of Yakima . Moved by Lambert, seconded by Brown, that Ordinance No. 666 fixing the time of delinquency of installments and providing for the issuance of installment notes for payment of the unpaid portion on L.I.D. No. 918, Nob Hill Shopping Center Water Mains be passed as read; carried, Brazier, Brown, Kurbitz, Lambert, Lynch and Robinson voting aye on roll call. Larson absent. . ORDINANCE NO. 666, AN ORDINANCE fixing the time of delinquency of installments of assess- ments levied for the payment of the cost of the improvement in Local Improvement District No. 918, and providing for the issuance of Local Improvement District Installment Notes for the payment of the unpaid portion thereof. " Moved by Robinson, seconded by Lambert, that Ordinance No. 667 fixing the time of delinqueic and providing for the issuance of installment notes for payment of the unpaid portion on L.I.D. No. 919, Nob Hill Shopping Center Sanitary Sewer, be passed as read; carried, Brazier, Brown, Kurbitz, Lambert, Lynch and Robinson voting aye on roll call. Larson absen . ORDINANCE NO. 667, AN ORDINANCE fixing the time of delinquency of installments of assessment- levied for the . payment of the cost of the improvement in Local Improvement District No. 919, and providing for the issuance of Local Improvement District Installment Notes for the pay - ment of the unpaid portion thereof. . Moved by Brown, seconded by Lynch, that Ordinance No. 668 fixing the time of delinquency of installments and providing for the issuance of installments for payment. of the unpaid por- tion of L.I.D. No. 924, Nob Hill Blvd. and S. 24th Avenue Paving. District be passed as read; carried Brazier, Brown, Kurbitz, Lambert, Lynch and Robinson voting aye on roll call. Larson absent. ORDINANCE NO. 668, AN ORDINANCE fixing the time of delinquency of installments of assess- ments levied for the payment of the cost of the improvement in Local Improvement District No. 924, and providing for the issuance of Local Improvement District Installment Notes for the payment of the unpaid portion thereof. Moved by Lambert and seconded by Brown that Resolution No. D -834 authorizing the executigb of a contract with United States of America for the incarceration of Federal prisoners in the Yakima City jail be passed as read; carried Brazier, Brown, Kurbitz, Lambert, Lynch and Robinson voting aye on roll call. Larson absent. Discussion indicated that the city would receive $1.60 per day on each Federal prisoner incarcerated and that this is a renewal of t e 3 -year contract entered into in 1962. RESOLUTION NO. D -834, a resolution authorizing and directing the City Manager and City Cleri of the City. of Yakima to execute a contract with the United States of America for the incar ceration of Federal prisoners in the Yakima City Jail. Moved by Lynch, seconded by Robinson that Resolution No. D -835 being a Resolution of Inten- tion to improve certain property by constructing Sanitary sewers and fixing the date of hearing on said matters for the 19th day of July, 1965, . be passed as read; carried Brazier, Brown, Kurbitz, Lambert, Lynch and Robinson voting aye on roll call. Larson absent. RESOLUTION NO. D -835, a resolution of intention to create a local improvement district. Moved by Lambert, seconded by Brown, that Resolution No. 'D -836 being a resolution of inten- tion to improve certain property by constructing curb, gutter and surfacing of certain streets and alleys and fixing the date of hearing on s aid matters for the 19th .day of July, 1965, be passed as read; carried Brazier, Brown, Kurbitz, Lambert, Lynch and Robinson votin aye on roll call. Larson absent. RESOLUTION NO. D -836, a resolution of intention to create a local improvement district. Moved by Robinson, seconded by Lambert that Resolution No. D -837 providing for the vacation of public utility . easements in Bel Air Heights Addition be passed as read; carried Brazier, Brown, Kurbitz, Lambert, Lynch and Robinson voting aye on roll call. Larson absent. RESOLUTION NO. D -837,. a resolution vacating public utility easements in Bel Air Heights Addition to the City of Yakima. Moved by Robinson, seconded by Brown, that Resolution No. D -838 providing for the vacation of public utility easement in Gould Acre Tracts Addition be passed as read; carried Brown, Kurbitz, Lambert, Lynch and Robinson voting aye on roll call. Brazier temporarily absent and not voting. Larson absent. RESOLUTION: NO. D -838, a resolution vacating a public utility easement in Gould's Acre Tracts Addition to the City of Yakima ■ a 1 JUNE 28, 1965 he following bids having been received by a bid board for the construction of the E. hestnut St. water mains: DeBlazio Bros., $30,615.79; Central Heating & Plumbing Co;, x;,37,691.37; and Oxford & Cook $38,079.89, and, the City Engineer recommending that this bid .e awarded to DeBlazio Bros., it was moved by Lynch seconded by Brown that s aid bid be - warded to DeBlazio Bros.., and that the City Manager be authorized to enter into a contract •nbehalf of the City of Yakima withsaid bidder upon the filing of the proper bond and i.nsur- .nce; carried Brown, Kurbitz, Lambert, Lynch and Robinson voting aye by voice vote. Brazier emporarily absent and not .voting. Larson absent. . ity Manager Smith requesting permission to send Fire Chief Moore and Chief ' -. _: echanic Virgil Wilson of the Fire .Department to Sacramento and San Francisco from July 7th hrough llth for the purpose of viewing a snorkel - -fire equipment- -and estimating the cost .f travel for these two employees at .$50 each with the use of a city car, it was moved by ambert, seconded by Lynch that Manager request be granted, that expenses of employers .e paid, and the use of a city car -be allowed; carried Brazier, Brown, Kurbitz, Lambert, lynch and Robinson voting aye by voice vote. Larson absent. City Manager Smith also reported on the bids which had been received and considered by a bid •oard on June 21st, 1965, for the Blossom Hill and E. "C" Street Paving Improvement. He elated that two bids had been received- -one from Superior Asphalt and Concrete Company nor $$33,303.15 and one from Yakima Cement and Asphalt Paving Company for $,'38,591.35, and than after .ue consideration the staff is new recommending that said bid be awarded to Yakima Cement arn4'. * L sphalt Paving Company. *In order that this matter could be discussed, it was moved by !'obinson,,seconded by Lambert that said bid be awarded to Yakima Cement and Asphalt Paving o., in accordance with the recommendation of the City Manager and the City Engineer and that he City Manager be and is hereby authorized to _enter into a contract with Yakima Cement andl i sphalt Paving Company on behalf of the City of Yakima upon the filing of the proper bond an 'nsurance. Mr. John Moore, Attorney representing Superior Asphalt and Concrete Company askeo or an explanation as to why the Council is not accepting the lowest bid, indicating that here must be an over-riding reason for awarding the bid to the second lowest bidder and Further indicating that his client should be advised of the basis of the Council's decision. Irs. Ruth Schneider and Mrs. George Leach also questioned the Council regarding their decisi4lPn. rhe members of the Council and the City Manager referred the matter to City Attorney Andrews ho indicated that the amount of the bid is only one of several elements to be considered; hat the lowest . bid is not necessarily the best bid. He indicated that such things as the ability of the contractor to fulfill the contract, the contractor's capacity and skill and he past experience of the City in its relationship with the contractor are all matters to be considered and that it is within the discretion of the City Council to make the award to the bidder which the Council deems to be the lowest and best. pi ouncilman Kurbitz assured the Council that he was in accordance with the decision of the ty Manager to the extent that it was legally sound, but he felt Superior Asphalt and Concrete Company should be given an explanation in order not to eliminate competition in t he future and to avoid criticism from the citizenry. 'Councilman. Kurbitz suggested that egal proceedings should be commenced against Superior Asphalt and Concrete Company if the pity has grounds to do so. p ouncilman. Robinson stated that he was fully aware of the factors involved, that he believed he Council had acted in the best: interests of the people of Yakima and that the Council .ttempts always to settle such matters by negotiation rather than litigation. 1 is ouncilman Lynch stated that the actiontaken by the Council was not uncommon to his know - 1 ledge and experience. ouncil:,menbers indicated that no councilman had any personal interest in this matter and hat further none could legally contract with the City in any business dealings as long as hey were councilmen. £ssistant Mayor Brazier called for the vote _d l of t the Council on the motion to award said bid an io Yakima Cement and Asphalt Paving Company/ carried Brown, Lambert, Lynch, Robinson,.. oting aye; Brazier and Kurbitz voting nay. Larson absent. here being no further business to come before the Council it was MOVED by Kurbitz, seconder g � y 9 cy Lynch, that we do now adjourn at the hour of 4:25 p.m.; carried Brazier, Brown, Kurbitz, Lambert, Lynch and Robinson voting aye by voice vote. Larson absent. ...-- 'BEAD & CERTIFIED ACCURATE BY: A / & �� "� DATE (v � Cou ilman 1 .-C-e --,--0, XL Q I DATE 7 6' k - C ounc . :: and ::.. SE PAGE 42 FOR �, CORRECTIONS. n {I ,0 /- ' , - , , v Al/1r, f ; j G iiv� r MAY O R ATTEST: . ��ms K i I Y L E E JUNE1' 2 8 , 1965 THE PRECEDING MINUTES DATED JUIL28, 1965, ORDERED CORRECTED AT THE REGULAR MEETING OF THE CITY COUNCIL ON JULY 6, 1965, AS FOLLOWS: T. . . In order that this matter could be discussed, it was moved by Robinson, seconded II by Lambert that said bid be awarded to Yakima Cement and Asphalt Paving Co., in accord- ance with the recommendation of the City Manager and the City Engineer, and that said bid be determined by the Council as being the lowest and best bid most beneficial to the City, and that the City Manager be and is hereby authorized to enter into a contract with Yakima Cement and Asphalt Paving Company .on behalf of the City of Yakima upon the filing of the proper bond and insurance. . . . " **Councilman Lynch stated that the action taken by the Council was not uncommon according ; 'o his knowledge and experience in similar transactions in which his business firm has been included concerning bids involving equipment and /or vehicles being purchased by other / cities and public bodies. 0j/ip . Li i .I DATE 7 -6 -65 . 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