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HomeMy WebLinkAboutMinutes 12/18/1952 I I I '[1 Proceedings of the City Commission of the City of Port Angeles, Washington 293 ., December 18 19~ ..,.........,....-....._.~,..,.,,"...... ~ The City Council of the City of Port Angeles met in regular session at 7:30 P.M., and was called to order by Mayor Smith. Roll call showed the following Officers present: Mayor Smith, Councilmen Brown, Neer, Sandison, Powell, Wolfe, and McFadden, City .~ager Vergeer, Attorney Trumbull, and Clerk Law. It was moved by Councilman McFadden that minutes of the previous session be approved as received. Seconded by Councilman Powell. All voted Aye. Motion carried. Under the head of unfinished business, bids for purchase of Warrants and Bonds for payment of improvements in Local Improvement District No. 161 in amount of $50,000.00 were submitted as follows: Grande and Co., Inc., at par plus a premium of. $51.00, and to bear interest at the rate of 4~. Metcalf and Thompson, Warrants, $100.00 for each liloo.oo principal amount of legaliy-issued 4k % warrants, without accrued interest. Bonds, "100.00 per each principal amount plus accrued interest to date of delivery, and a premium of $106.00, for all of the legally-issued 4~% bonds issued under provisions of the Guaranty Fund. Attorney's opinion and bond printing p~d by bidder. First National Bank and Olympic State Bank of Port Angeles, for legally issued warrants of L.1.D. No. 161 in aggregate amount of approximately $50,000.00, will pay par for such warrants bearing interest rate of 3%. For legally issued bonds of L,1.D. No. 161 issued in aggregate amount of approximately $50,000.00, will pay par plus a total premium of $25.00 plus. accrued interest for bonds bearing interest rate of 4i%. After consultation and due consideration, Manager Vergeer recommended that the agreement by Metcalf and Thompson be accepted as the best bid. It was moved by I Councilman McFadden that the recommendation be approved and' agreement accepted. Seconded by Councilman Brown. All voted ~e. Motion carried. Bids for the purchase of real property were submitted as follows: Albert A. Haubrich, Lot 1, Block 244, iTownsite, 1160.00. It was moved by Councilman Brown that the bid be accepted. Seconded by Councilman 'Wolfe. All voted ~e. Motion carried. I .one bid was received from Elmer A. Johnson in amount of $160,00 each for lots 5 and 6, Block 440, Townsite. ,It was moved by Councilman Brown that the bid be accepted and property sold. Seconded by Councilm:m ;McFadden. All voted Aye.~lotion carried. I The Council po>tponed until a later date, the improvement of Fourth Street from Cherry Street east to Peabody IStre et. I _ I Manager Vergeer submitted report as previously. requested concerning water service South of the Boulevard !being the district bounded on the South by Park AvelDle, on the West by Cherry Street, and on the East by :Vine Street. The improvement would require mostly 6" and 8" main, also hydrants, cost of improvement ,estimated at approximately $151,000.00. The VUlnager advised that the City could not make the improvement Without approval of a bcnd issue. Also that the City is in agreement with school district no. 17 to install ~n 8" main from the 20" Reservoir Outlet, West on Park Avenue to Laurel Street, thence North on Laurel St. ~o Whidby Avenue an:l tie in with 8" line now in service, thus providing a loop installation. It is also understood thatjthe school district will pay $5,100.00 on a guaranteed revenue basis. It was moved .by bouncilman Brown that the loop be completed as designated by map exhibited, and rate schedule for out of City water service adopted as advisable. Also that the City not consider rendering water service above elevation of 350 feet in the dis,trict South of Park Avenue where residents will be responsible for any service acquired. Motion seconded by Councilman McFadden. All members voted ''"e. Motion carried. 1 ~ . Andy Casilio, residing at Front and Eunice Streets appeared protesting parking of trucks and other vehicles On Eunice Street North of First Street thereby interfering with pedestrians using the street. After ~engthy protest and discussion, ~~or Smith assured that the matter will be thoroughly investigated. I Manager Vergeer presented Certificate No.7 to Del Guzzi Bros. for construction of Police Station in amount pf $16,120.58, also architect's fees in amount of $322.41. It was moved by Councilman Brown that the claims be approved and paid. Secon:led by Councilman McFadden. All voted Aye. Motion carried. Mr. Vergeer also announced receipt from P.U.!1. No.1, of the October claim for power delivered to the City in amount bf $29,519.00. The statement also showed cost to the P.U.D. was $14,405.00 and gross profit of $15,113.0.0. '(r. Vergeer further informed that judgment has not been submitted in trial recently concluded. Pursuant to notices published, the hearing for L.1.D. No. 162 was opened. No protests having been made or filed, the hearing was closed. I Under the head of new business, James Frits appeared before the Council requesting that the City contribute funds to ass:iJst in payment of cost for mater-tal requi:red by the Community Study. Manager Vergeer informed that some funds might be available if such appropri~tions are legal. When questioned regarding legality, Attorney Trumbull advised that after some research, he is of the opinion that no Municil-"'l Corporation shall contribute money nor lend credit to any Corporation, Association or Individual. Also that such contributions are in direct contravention of the Statutes of the State of Washington governing Municipalities. IAfter further discussion, the Councilmen personally contributed. IStatement of claims paid December 8, was submittted to the Council in amount of $28, 100.55. It was moved by Councilman Brown that the claims be approved in amounts paid. Seconded by Councilman Sandison. iAll voted Aye. Motion carried. The following reports were filed for consideration by the Council: Report of Police Judge Reynolds for the month of November showing $1,383.50, fin"s collected. Budgetary reports, and cash baances as of November 30. Report of the Fire Dept. for months of September, October, ~ovember, and to December 12. It was moved by Councilman Brown that all reports be accepted as submitted and placed on file. Seconded IbY Councilman McFadden and unanimously carried. The Engineer requested that the following transfer be made in his 1952 Budget, items being of the same Classification: From: Traveling E><pense To: Office Records and Supplies, $150.00 It was moved by Councilman Brown that the transfer be approved as requested. Seconded by Councilman Powell. All voted Aye. Motion carried. George Wells, operator of Red's Taxi and Black and ~fuite, filed petition requesting changes in schedule of \rates and fares as previously filed. Mtmager Vergeer cited recent requests for alterations ~n rates and fares, a nd informed of possibility of such changes causing rate war between the companies. j'T. Vergeer .further advised that an Ordinance could be adopted fixing rate schedule to be charged in the City or as jalternative, the Council might request meters be installed. It was moved by Councilman \volfe that the Council ap!,rove the proposed rate schedule filed by hr. Wells until such time as an Ordinance fixing tates in the City is adopted. Motion seconded by Councilman Powell. :&ll voted Aye. "'Otion carried. J roo" co, ",M 0' 'o'ro'~'''o o. ro..'""o"" ", 'ono>o" roro 'ro""~M' ... ,.. 294 Proceedings of the City Commission of the City of Port Angeles, Washington December 18 19~ "'" . ."..... "".. ...","". ........ ...... .... l IMPROVEMENT RESOLUTION NO. 163 I A RESOLUTION of the City of Port Angeles, Washington, declaring the intention. of the City Council to improve certain streets by the construction and installation of cement and asphalt concrete pavement, by the installation of storm sewers, and by lIoing all other work incidental thereto and necessary in connect~ ion therewith, and fixing a time and date for the hearing thereon. BE IT RlliOLVED by the Council of .the City of Port Angeles, Washington, as follGls: Section 1. That it is the intention of the Council of thc City of Port Angeles, Washington, to order the improvement of the following described streets by thc construction and installation of cement and asphalt concrete pavement and the installation of storm sewers as hereinafter described, and by doing such other work as may be incidental thereto and necessary in connection therewith. A. C Street from Eighth Street North to Fifth Street, Fifth lltreet from C Street East to TUJllWater Street, Tumwater Street from Fifth Street North to Third Street, by the installation of 24' wide cement con... crete pavement in the center of each of said streets and th~installation of 7' wide strips of asphalt concrete pavement on each side of said cement concrete pavement on said streets, except that said 7' strips of asphalt concrete pavement shall not be laid on TUJllWater. Street,. and bv the installation of storm sewers on all of said streets. B. Cedar' Street from the north margin of Eighth Street to Second Street, by the installation of 24' wide cement concrete pavement in the center thereof, by the installation of 7' wide strips of asphalt concrete pavement.on each side of said cement concrete pavement from the north n~rgin of Eighth Street to Sixth Street, and by the installation of storm sewers on Cedar Street from Eighth Street to Second Street. ' C. Cherry Street from Eighth street i;orth to Second Street, thence West on Second Street to I~larine Drive, also Valley Street From Second to First Street, by the installation of 24' wide cement 4concrete pavement in the center thereof and the installation of 7' wide strips of asphalt concrete pavement ',on Cherry Street from Eighth Street to Third Street and Valley Street from Second to First Streets, and. lby the installation of storm sewers on all of said streets. ,. a. Peabody Street from the north margin of Eighth Street to the south margin of Front Street, by the installation of 24' wide cement concrete pavement in the center thereof, by the installation of 7' tWide strips of asphalt concrete pavement on each side of said cement concrete pavement, and by the irntall- ration of storm sewers on said Peabody Stf'eet from Eighth to Front Streets. I E. Race Street from the south margin of First Street South to the city limits, by the installation of 24' wide cement concrete pavement in the center thereof, by the installation of 12' wide strips of !asphalt concrete pavement on each side of said cement concrete pavement from Fir st Street South to Eighth 'Street, and by the installation of storm sewers on Race Street. ! F. Eighth Street from the east margin of Lincoln Street to the west margin of Race Street, by the fnstallation of 24' wide cement concrete pavement in the center thereof, by the installation of 12' wide stlips of asphalt concrete pavement on each side of said cement concrete pavement, and by the installation of storm sewers on Eighth Street. . !. G. Race Street from First Street to Caroline Street, thence east on Caroline Street to \4ashington Street, by the installation of ~8' wide asphalt concrete pavement and storm sewers. ! H. Georginana Street from Race Street to Francis Street, by the installation of a storm sewer outfall. I I. Ennis Street from First Street North to the alley between Caroline and Columbia Streets, by the installation of a 24' wide strip of cement concrete pavement and storm sewers. I J. Front Street from the west margin of Ennis Street to the east margin of Lincoln Street, by the installation of 24' wide cement concrete pavement in the center thereof and by the installation of stub storm sewers in the intersections of Front Street with Liberty, Jones, Chambers, Washington, Race, Francis, li>unice, Albert, Vine, and reabody Streets. ] All of the above described stDrm sewers shall be constructed and installed with all manholes, catch basins, and other necessary appurtenances in order to properly drain all surface water from said streets, and shall be connected with other trunk, main, and lateral sewers of the city wherever necessary or advisable. I All of the above described improvements shall be completed by doing all work incid~ntal thereto and necessary in connection therewith. . I Section 2. All persons who desire to object thereto are hereby. notified to appear and present such bbjections at a meeting of the City Council to be held in the Council Room - 215 South Lincoln in the City of Port Angeles, Washington, at r?:30 o'clock P.M. on the 15 day of January, 1953, which time and place are. hereby fixed for hearing of all matters relating to said proposed improvements and all objections thereto and for determining the method of payment of said improvements. I Section 3. The city engineer is hereby directed to submit to the Council, at or prior to the date fixed for such hearing, the estimated oost and expense of such improvements, a statement of the proportionate amount thereof which should be borne by the property within the proposed assessment district, a statement ~/J the aggregate assessed and actual valuation of all the real estate, exclusive of improvements, within said proposed district according to the valuation last placed upon it for the purposes of general taxation, a statement of the amount of previously levied and outstanding local improvement district assessments aSainst any of said property, together with a diagram or print showing thereon the lots, tracts, parcels of land and other property which will be specially benefited by said improvements, and the estimated amount of the cost and expense of such improvements to be borne by each sucf\ot, tract, parcel of land and other property. J Section 4. The City Clerk is hereby directed to give notice of said hearing by publiaation of this resolution in at least two consecutive issues of the official city paper,,:with the date of the first publication to be at least fifteen days prio4to the date of said hearing, and to mail a notice of such nearing at least fifteen days before the date thereof to each owner or reputed owner of any lot, tract, parcel of land or other property specially benefited by said improvements at the address as shown on the tax roll of the county treasurer. Said notice shall set forth the nature of the propos cd improvements, the total estimated cost, the estimated benefits to the particular lot, tract, or parcel of land, ,and the en time and date of said hearing. II~ was moved by Councilman Sandison that the foregoing resolution be approved and adopted. Seconded by Councilman Wolfe. All voted Aye. .lotion carried. RESOLUTION NO. A RESOLUTION of fhe Council of the City of Port Angeles, 1'iashington, employing counsel for certain services in conneation with the issuance and sale of $400,000 of general obligation bonds of the city and in connection with t he creation of a local improvement district and the issuanoe of bonds therefor. , \'iHEREAS, the 'tualified electors of the City of Port Angeles, \'Iashington, have authorized the issuance of $400,000 of general obligation bonds of the eity for the purpose of constructing certain arterial streets within the city; and ,mEREAS, it is deemed necessary that said bonds be issued and sold in the near future to provide the turns necessary for such purposes; and WHERE\S, it is further deemed necessary and advisable that bond counsel skilled in such matters be retained to pass upon the validity of the proceedings taken to date in the matter of the issuance of said bonds, to draw the proceedings necessary for the issua.nce and sale thereof, and to give their opinion as to the validity of said bonds to the pruchasers therMf at the time C!f their issuance and sale; and 14HEREAS, it is also the intention of the ciW 1tGnmake certain additional improvements to said arterial streets and possibly to other streets within the city and to create a local impnovement district and to levy assessments there~r to provide the funds necessary for such improvements; and I I I I I I I Proceedings of the City Commission of the City of Port Angeles, Washington December 18 19~ I ~,_. "~",H...",n'''~''', ~nm_ ..... .... I WHEREAS, it is deemed advisable that bond counsel skilled in such matters be retained to prepare all documents, ordinances, resolutions and notices necessary for the cu,tion of said district, ,the authorization of said work, the leving of assessments (except the preparation of the assessment roll), 'the issuance of warrants and bonds of said district, and to give their opinion as to the validity of said i.rarrants and bonds if J as, and when the same are issued; I NOlv, THEREFORE, BE IT RESOLVED by the Council of the City of Port Angeles, I-Jashington, as follows: Sectio~. That Preston, Thorgrimson & Horowitz, attorneys at law of Seattle, Washington, be an:l ~hey are hereby retained to draw the proceedings necessary for the issuance and sale of said $40.0,000 of ~eneral obligation bonds of the city (if, in the opinion of said counsel, the proceedings taken to date ~re legal and valid) and to give their final approving opinion as to the legality of the issuance of said bonds to the purchaser thereof at the time of their sale and delivery. As compensation therefor, the dity agrees to pay them the sum of ~700 and, in addition thereto, to reimburse said counsel for all out-of- pocket expenses which they may incur in the performance of said services. In the event that said counsel are unable to approve the proceedings taken to date in the matter of the issuance of said bonds so that !in their opinion the same may not be legally issued, then they shall be paid the sum of $100 only for their examination of the transcript of such proceedings. l Section 2. That Preston, Thorgrimson & Horowitz, attorneys at law of Seattle, Washington, be :<nd they are hereby further retained to prepare all documents, resolutions, ordinances and notices neces- "ry for the creation of said local improvement district, the authorization of the work to be done therein, ~he levying of assessments therefor (except the. preparation of the necessary assessment roll), the issuance pf warrants and bonds of said district, and to give their opinion as to the validity of said warrants and bonds if, as, and when the same are issued. As compensation therefor,.the city agrees to pay said counsel the sum of $900 and, in addition thereto, agrees to reimburse them for any and all out-of-pocket expenses which they may incur in ~he performance of said services. I Section 3. In addition to the above, the city agrees to furnish said cour~el at their office in Seattle, Washington, with complete certified transcripts of all proceedings taken in the matter of the issuance and sale of said general obligation bonds and in the matter of said local improvement district C/L...imd the issuance of. the warrants and bonds thereof. I~t was moved by Councilman Brown that the foregoing resolution be approved and adopted. Seconded by Councilman Neer. All voted Aye. MOtion carried. ! RESOLUTION FIXING Tll1E William Polzin and Antonia }olzin, his wife, George R. Kemphert and LcRayne Kemphert, his wife, Cora B. McIntosh and Donald. Jack HcCormick and Katherine Irene McCormick, his wife having filed herein their petition praying for the vacation of the alley running through block one hundred ninety (190) and abutted on the porth by lots one (1) to nh (9) inclusive and on the south by lots ten (10) to eighteen (18) inclusive all in block said one hundred ninety (190) of the townsite of Port Angeles, Clallam County, Washington I Reserving however, to the City of Port Angeles necessary right of way for all public utility and it appearing that the petitioners are the owners of more than two-thirds (2/3) of the .property abutting upon the portion of the alley described in said petition. I Now therefore, be it resolved by the City Council of the City of Port Angeles that said petition be $ranted and a public hearing on said petition be held at the hour of eight o'clock on the 5th day of February, 1953. Said hearing to be held in the council room of said City in the Fire Hall at 3d and Lin~n Streets in the City of ForVAngeles. 1 It was moved by Councilman McFadden that thel'roregoing resolution be approved and adopted. Seconded by Councilman Brcwn. All menbers voted Aye. Motion carried. NOTICE OF HEARING FOR VAC~TION OF ALLEY IN BLOCK 190, TOWNSITE OF P.oRT ANGELES Notice is hereby given that a petition has be-on filed to vacate the following alley in the City of Port Angeles, Clallam County, Washington, to-wit: The alley running through block one hundred ninety (190) and abutted ontl the north by lots one (1) to nine (9) inclusive and on the south by lots ten (10) to eighteen (18) inclusive all in block one hundred ninety (190) of the townsite of Port Angeles, Clallarn,County, Washington. Notice is hereby given, that pursuant to a resolution of the City Council of the City of Port Angeles dated December 18, 1952. A hearing will be had on the 5th day of February 1953 at the hour of eight 0' clock P. M. of sad date before said City Council in the Council room located in the Fire Hall at 3d and Lincoln Streets in the City of Port Angeles at which time all parties interested in said vacation may appear before said city council and enter their objections if any there be, to said vacation. AFFIDAVIT OF POSTING IN THE MATTER OF THE VACATI.oN of a certain, alley in the City of Port Angeles, to-wit: the alley running through Block One Hundred Ninety (190) and abutted on the North by Lots .one (1) to Nine (9) inclusive, and on the South by Lots Ten (10) to Eighteen (18) inclusive, all in Block One Hundred Ninety (190) of the 'fownsite of Port Angeles, Clal~County, lvashington. STATE OF WASHINGTON ) ) s s COUNTY OF CLALLAM ) J. E. Law, being first duly sworn, deposes and says that he was. at the times herein mentim- ed, of full age, and a resident of Port Angeles, Clallam County, State of Washington, and a citizen of the United States. That on the 22d day of December, 1952, he posted true and complete copies of the original notice of hearing hereto attached. One copy was posted at the front door of the Court House in Clallam County, ~lashington; One at the front door of the City Hall at 140 West Front Street, Port Angeles; One in a conspicuous place on the alley which is sought to be vacated in the petition in the above entitled matter. IIllder.sthevhead;rof reading and passage of Ordinances the following was placed on final reading: ORDINANCE NO. 1291 AN ORDINANCE authorizing the issuance and sale of local improvement bonds for local improvement district number 161 of the City of Port Angies to pay the cost and expense of the improvements in said district as ordered and provided for in Ordinanc e [{o. l288 c;r the City of Port Angeles; providing for the term of such bonds and fixing interest rates. It was moved by Councilman Brown that the foregoing Ordinance be passed and adopted. Seconded by Councilman Neer. All voted Aye. ].lotion carried. There being no further business, the meeting was declared adjourned. ~. t :7:-a-<<r- (j Ci ty Clerk tr J..~.- ~..:V Mayor 295 ~ ........