HomeMy WebLinkAbout00385Port"Townseud, Wash-, January 1, 1929
The City Council of the City of Port Townsend, met in regular session this lat day of January,
1929, at 7:30 p.m., in the Council Chamber of the City Halls Councilman Quenell, Mayor pro tern pre-
siding. ROLL CALL
and Upon roll Peter there
wereson, Eresenuenoll��iam Jae.
W. H�SPottM. Ocyn Clerk C. F. Christian
lman
TO RECESS.
It was then moved by Councilman Manson and seconded by Councilman Coyne that the Council roses
o'clockto 2 P.M*, Friday,
1929. Upon
Gall, all
Councilmen presents
lyj
Manson,QunellLamerand oyn,votedinthaffirmativeand motin was declared and
recess declared.
RE-()ONVENED AFTER RECESS.
Port Townsend, Waeh.,
January 4,
2 o'clock P.M.
Pursuant to the foregoing motion the City Council of the City of.Port Towneend
the
met in recess
City Hall* Mayor
session this 4th day of January, 1929, at 2 P-M-, in the Council Chamber of
Yangerter presiding.
Roll Call
Upon roll call, there were present
yor eorge Bangerter, City Attorney Jas. W. H. Ssott,City
Lammera, Jacob Miller and
Clerk C. F. Christian, and Councilmen P. A. Manson, Edw. Quenell, William
immediately after roll Gall-'
P. M. Coyne. Councilman Quenell was
excused
Minutes Read and Approved
The minutes of the Regular session o .Des. 18, 192 , were read and approved as read.
Approved Bills and Claims- '
F Committee, were ppesented and
read as follows:
Bills and Claims, as approve y
e nance
Upon Current Expense Fund: to -wit:
Services, Treasurers Office
6.00
Sara H. Voss
Grace Pitcher
Cash for Stamps
5.00
7.52
Trick & Murray
Office Supplies
The Leader Company
Publishing
Services, Clerks Office
.30
10.b0
Carl Christian
J. B. Van Sioe
Services, Clerks Office
6.00
C. F. Christian
Cash for Stamps
1.00
1'00
The Hbben Typewriter Service
Ribbon
10.00
Port Townsend Lodge #317,B.P.O.E.
Heating Stove
Citizbne Ind. Telephone Co.
L. D. Tolls
.30
22.00
Pt. T. Volunteer Fire Dept.
Services at fires
4.50
Buhler Motor Co.
Supplies
Salary, Health Officer
200.00
F. J. Delaney
Repairs
135
J. With
Lofthus Lumber Co.
Lumber
15.88
.5
J. R. Pollard
Cash for truck license
.
54.60
A. R. Strathie
Supplies and Repairs
29.66
Frank Buchillo
Gardiner -Beatty Hdwe Co.
Labor
Toole and Supplies
11.86
Standard Oil Co-
Gasoline and Oils
102.76
27.50
Walter L. Studerus
Valvoline Oil
16.00
Union Doak Co.
Rent of Mooring Space
22.97
A. H. Ywarsky
Hauling,. Morrison St. Imp.
Total
564.93
........
upon Olympic Gravity Water Fund,to-wit:
108.40
W. G. Potter
W. G. Potter, Assignee
Labor
Labor, C. J. Judy
11.97
Ben Green
Freight paid and tostage
2.16
Citizens Ind. Telephone Co.
L. D. Tolle
060
;6:4
The Leader Company
Publishing
Union Dock Company
Freight Charges
.9
051
Palmer Supply Co.
Pipe Supplies
.
13
Federal Pipe & Tank Co.
Pipe Supplies
.35
5.88
Gardiner -Beatty Hdwe Co.
Iron Pipe
37.70
Crane Company
Pipe Supplies
Coast Service Co.
Supplies
.60
19.97
Olympic Hdwe & Furniture Co-
Supplies
6.80
A. R. Strathie
Repairs and Supplies
Groat Western Eleotro-Chemical Co. Chlorine
57.00
6.00
Hiram Wingate
Rent and Collections
Total ............333.18
Upon Water Extension Construction Fund,to-wit:
Steve Coyne
Labor
154.69
242.00
Crane Company
Check Valle
5.00
Jas. W. B. Scott
Traveling Expense
Wm. Cochran
Tools and Repairs
7.65
Earl Ward
Freighting
15.00
Olympia Hdwe & Furniture Co.
Toole and Supplies
27.00
Saar and Cunningham
Extra Services
641.30
Bair and Cunningham
Cash adv, for labor and supplies
331.18
Fred Cyr
Labor
74.87
A. R. Strathie
Toole
12.00
W. J. Sadler
Engineering services
224.75
Total ..........
1 r5.44
L 17
,
Minutes _ of Jan.1-4/29 continued
,
'u fan
,
,
s
r�
is
.
(Approved, Bills and Claims continued)
Upon Park Fund, to -wit:
Olympic Hdwo & Furniture Co. Toole and Supplies 1.40
Bills ordered paid
It was moved by Councilman Manson and eeoonded by Councilman Miller that said claims be allow
ed and that the Mayor•and'the City Clerk -be authorized to draw warrants upon the proper finds in
payment of same. Upon, roll calls IdA four councilmen present, namely, Manson, Lammers, Miller an
Coyne voted in the affirmative and motion was declared carried.
COMMUNICATIONS FROM MAYOR TO CITY ATTORNEY.
At the reque o£ yor ange er, the following communications were now read;.nr,
From Mayor to City Council, to -wits
Port Towneend, Wash., Jan. 4, 1929
City Council,
Port Townsend, Wash.
Dear Sirs:
Enclosed is a copy of a communication I addressed to the City Attorney, Mr. J.W.B.Soott,
on January 3, 1929..
The contents are self explanatory. This communication I am having recorded in the minu-
tee.
Yours sincerely,
Dr. Goo. Bangerter, Mayor.
Cc v of Letter, Mayor to City Attorney,to-wit:
C 0 P Y-
Mr'. J. W. B. Scott, City Attorney,
Port Townsend, Wash.
Dear Sir:-
Zn-as-much as the present administration is very anxious to conclude the, contracts with
Mr. J. H. Coyne, Would you please file your opinion in writing, as to whether the City should or
should, not exact the penalties for non-oompletion of work within the time limit specified. All
as provided in the construction contract.
Yours truly,
Dr. Goo. Bangerter, Mayor. .
Communioation from City Attorney.
c1tjTAttorney Scott then presented his written opinion which was read as follows, to -wit:
Port Townsend, Wash., January 4th, 1929
To the.Honorable Mayor and City Oounoll,
of the,City of Port Townsend, Washington,
Gentlemen:
In response tie the letter of George bangertvr, as Mayor, addressed to me as City Attorne
dated Jan. 3rd, 19290 hereto attaohed, requesting that I file a written opinion with the City, in
to whether the City Council should or should not exact from Jae. H. Coyne, penalties for non-oomple
tion of work within time limit specified in oontraote, would advise that the. matter of exacting pen
alties,from Jas. H. Coyne, for non -completion of work within the time limit specified in contracts,
is wholly a matter within the discretion of the City Council.
Would also advise that, before the City Council should exact penalties from Jae. H. Coyne
for such non -completion of work, it would be necessary for the council to find ae an actual fact,
that he had failed to complete the work covered by contracts within the time limit specified therei
without any fault on the part of the City. . As a matter of course, the. council should have'a full
and complete written report thereon from the Engineers in charge for the I City, for examination and
consideration.
Respectfully submitted,
_ Jae. W. B. Scott,
City Attorney.
Query to J.0-BAAR and reply.
Mr. d. V. bRars Connu ting Engineer, was called upon relative to the status of the contract
and he replied by referring to the last paragraph of Section 10 of the contract and that he could
not take aotionuntil consideration of certain items have been had between the Contractor and the
City.
W. J. Daly appears for Contractor Coyne.
Mr. W. J. Daly, representing Contraotor Coyne, now appeared before the Council and read ex-
corpts from -the contract relative to damages for non-oompletion or the contracts within the time
limit and stated that Vr. Co,,no specifically requests of the City Council that by reason of the
fact that if the City of Fort Townsend has been damaged in any sum for engineering or administra-
tive service by reason of the failure of the contractor to complete his work within the time speci-
fied in the contract existing between the City and the contractor, that no penalty be exacted by
the City and that the contractor be granted an extension in time commensurate with the damage suf-
fered by the City,if any. My reason for making this request is due to the fact that the delay was
oaused through no fault of my own or my sub-oontraotore, but wholly for the reason and upon the
ground that permission to go upon certain lands covered by the pipe line, was not granted. This
ahall apply to contract No. 2 only.
Mayor ra ueats Baar to file report.
Mayor Bangs or, at this time, requested Mr. Baar to file a oomplete written report of the
status of the pipe line, for the information and guidance of the Council.
Daly makes further rvque_at for Coyne.
Speaking again for Contra or Jae. H. Coyne, Mr. Daly asked for a further extention on Con
-
traot No. 1, to -November 18, 19280 by reason of the fact that delay was due to the fact of a water.
shortage on the snow creek line, wherein the City wan unable to furnish water to test the line as
by the oontraot provided and also by roasen of right -of way delays due to logging operations of the