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1158
REGULAR SESSION OF THE CITY COUNCIL.
Port Townsend, Wash. March 29, 1927- REGULAR SESSIONi
on this
March 22, 1927- City Council Of the City of Port Townsend met in regular session
Port Townsend, Wash- The Ci h, 1927, a% 7:30 P-M., in the COU3)cil Chamber of the City Hall -
'regular session 29th day of Marc and City Councilmen were
The City Council of the City of Port Townsend met 0 in t, City Clerk
in the Coun ii Chamber 'of the 11 Call, the following officerof the city 8
this 22nd day of March, 1927, at 7:30 P-M- Upon Roll City
Attorney Too. W. B. Soot
noted present: Mayor George Bangerter,Irm Lammers
City Hall. Councilmen Max Gerson, P.A.Manson, iedw. quenell,
Bangerter, City Attorney Xas. W. B- C. 1?. Christian, and
There were present Mayor George Ban Chapelle, Peter A. Jacob Miller, P. M- Coyne and Harry Chapelle.
Scott, city Clerk C. F. Christian and Councilmen Harry P. M. Coyne. march�15th, 1927, were read and approved
0 re, Jacob Miller and were also
Manson, Edw. quenell, William Lamme The minutes of the regular session of session of March 22nd, 1927,
Absent, Max Gerson. as read, and the minutes of the vegular se
read and approved as read.
r session was deferred to the next
he Reading minutes of the last regular Mayor Bangerter then stated that t Council was prepared to hear the report
assistant counsel in the
regular session. t, relative to the employment of
City Attorney Scott asks for of City Attorney Soot a it against the Chas. R. McCormick Lumber Co., City
-Of-way condemnation suit. matter of condemnation u e had visited Mr. A. W. Buddress of Seattle and
I.
Associate Counsel in right Attorney Scott reported that h r consideration and that he had recoiled a
Joe. W. B. Scott now addressed the Council relative to
had presented the matter to him fo
City Attorney the land of the Chao. R. which he read to the Council as follows:
the suit brought to condemn a right-of-way across il that the aforesaid Chas. letter in reply, 305 Lyon Building, Seattle, Wash., March 25, 1927-
ed the City COUIO� er the case
ck Climber Co., and informs Mr. Zoo. W. B. Scott,
McCormick affidavits, seeking to tranof
R. McCormick Lumber Co., had filed affii alleged Court,lon the grounds of al
tj from the State Courts to the U.S. District to be condemned is valued City Attorney of the city of Port Townsend, Wash.
o that the property sought
local prejudice and also ace of the additional work entailed, Dear Sir;- to the @ass of the City of Port Townsend against
)00.00; And in consequence How in -regard
f a ndemn a 10 ft. right Of way for the O'ty10
at more than f3c Attorney, should have assistant counsel in conducting the case. near Leland,
he, the City Attor Chas. R. McCormick Lumber CO. to 0 e W. M. Andrews farm
1; spells, gravity water pipe line over what Is known as th
It was moved by councilman quenell and seconded by Councilman Chapelle, in the Superior court of Jefferson County and now pending on Respond -
of the Whole, with the commenced . S. District Court at Seattle:
sea and organize as a committee ent's Petition to have the case transferred to the U
ion brought up by the City Attorney. tunately this case has become complicated and difficult, and it is
that the Council recces -convening, Unfor t-
mayor, for a discussion of the quest declared. - Upon re me may think. I cannot say anything about the out -
II Mation carried unanimously and a recess was decli angerter. city Attorney not as simple or easy as 00
roll was called and there rere present Mayor R enell, Lammere, come of the case before I have made a careful investigation* I have hesitated
the Councilmen Chapelle, Manson, Ou because it will mean a big expense
Scott, City Clerk Christian and Cou about saying that I will 90 into the case, bee takes too long to fin-,
W __ 11 to the city in any event, and also because it ordinarily
If Miller and Coyne. ish such cases, especially when, as in this case; it would be in the interest
Councilman Manson, as much as possible.
7 It was moved by Councilman Lammers and seconded by of the other side to delay the proceedings finish this condemnation case
to employ assistant counsel in the owingi-.how long it will take to
Without kn d
petitioner, Vo. me to give you a gum that would
that it is necessary, for the present, Municipal Corporation, take, it is hard for ea, but I do know thal
cause of The city of Port Townsend, a and Respondent, and that nor how much work it will t
Chas. R. McCormick Lumber Co. of Delaware, Defendent myself under all ciroumetano
re such assistance as is necessary, be fair both to the City and m
able resourceful and good fighters, and that
the City Attorney 1, motion was declared the attorneys on the other side are ab
y be empowered to procure has a perpetual right to the
of the City Council. Upon Roll Cal:
with the approval son, quenell, Lem- they believe that the Chas. R. McCormick Lumber Co. city has no right to
all the councilmen present, namely; Chapelle, Man flow of water that there is now on that farm and that themanner, and
carried,Miller and Coyne Toting it, favor thereof. deprive the owner of that land of such perpetual water right in any
mere, Mt to condemn the.desiredRight of Way and
Coyne, seconded by Councilman Manson, Council that If the city should have the right the city has to Pay not Only the value of
water right, then that
Upon motion by Councilman take away that w ed and the amount of the damage,
I sought to be condemn
was adjourned. the proposed strip of land suit, as in ordinary cases,
if any, to the rest of that farm, and costs Of the E
7 1 value of such
a an item of damage to the place, the
L
1. ATTEST i but in addition thereto. or a
a perpetual water right. that I could not undertake to and*conduct this
Mayor 1, therefore, feel
S. District Court here, or in the Superior C
bthe federal Court t # en Hundred (4700-00) Dollars in the U
case for the city for less than about Seven Court, in case it should be remanded
City Clerk�. y o the State Court' one-half thereof to be paid me by the
-half on the dat
e of the Judgment in that
and the other one costs and exr
5th of April, 1927 addition thereto all of the necessary
case, and the city to -pay in ad if
penBes, including any of my necessary traveling expenses from and to Seattle,
proposition should test with your approval r
sehould be required. If this
e City Council at its next regular meeting as -
any that of the City, then have th
and
cept the same and then I shall 90 to it -
Sincerely yours,
A. W. BuddreeB.
Councilman Gerson moved that action on the matter be deferred but the
motion
at was not seconded, and no action on the proposal, was taken by the Council
It was moved by Councilman Manson and seconded by Councilman Coyne, that
Sadler be instructed to ascertain the probable costtof bringing
City Engineer So to give
water from Snow oreek to the present tap of the McCormick Lumber Co.,
L them the equivalent of amount now received. Upon roll call, motion carried, F Councilmen Manson, Lammers, Miller Coyne and Chapelle voting in favor thereof
and Councilmen Gerson and quenell Miller,
in the negative.
jj NET, BUSINESS.
A motion by Councilman quenell, seconded by Councilman Coyne, that the
Janitor be authorized to buy one cord of 12 inch wood for the City Hall, received
the unanimous vote of the Council.
Gerson, seconded by Councilman Manson, the City
7 Upon motion by Councilman Clerk was instructed to advertise for pvvposals for the collection and disposal
ME C