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HomeMy WebLinkAbout00358 Minutes of Regular Session of July 2/35 continued.which were read in full to the Council, were as follows: From City Attorney Daly, to -wit: Port Townsend, Washington, June 18, 1935. Mr. A. C. Tweedie, Division of Municipal Corporations, State Auditor's Office, Olympia, Wash. Dear Sir: - The City of Port Townsend, a municipal corporation of the third class, owns and operates a water system which in maintained through the sale of water and not by taxation. In years past a budget has always been prepared for the water system similar in fo to the governmental budget of the City. When it was adopted last fall, no provision was made for engineering service. In order that the City of Port Townsend may now take advan- tage of Federal grants, it appears to six members of the City Council that the employment of an engineer is necessary. The seventh member refuses to vote for the passage of an emergen cy resolution or ordinance. It is my opinion that six members of theCity Council may legally employ an engines to be paid from water funds not otherwise obligated and that the provisions of Sect. 9001 at seq. do not apply to the operation of a water system. If possible I wish that you could have my opinion reviewed by the Attorney General of the State. Very truly yours, W. J. Daly. Opinion of W. A. Toner, Asst. Attorney General: Olympia, Wash., June 21, 1935 Hon. Cliff Yells, State Auditor, Olympia, Washington. Attention Mr. J. F. Clancy, Chief Examiner. Dear Sir: - We are in receipt of your letter of June 19th enclosing a communication from W.J. Daly, city attorney of Port Townsend, in which he recites that, in Port Townsend, a munici- pal corporation of the third class owning and operating a water system, in past years a bud- get has always been prepared for the water system similar in form to the governmental budget of the city. When the budget was adopted last fall no provision was made for engineering servic Now, in order that the City of Port Townsend may take advantage of Federal grants, it appear to six members of the city council that the employment of an engineer in necessary. The sev enth member refuses to vote for the passage of an emergency resolution or ordinance. Mr.Daly says that it is his opinion that six members of the city council may regularly employ an en- gineer to be paid from water funds not otherwise obligated and that the provisions of Sectie 9001, subd. ;, at. seq., do not apply to the operation of a water system. We are unable to concur in Mr. Daly's opinion. The first subdivision of the bud- get law provides that every official of a city in charge of an office, department, division, service or institution shall file estimates of revenue and expenditures, etc.. The fourth subdivision provides that the officials in charge of the several offices, departments, divis ions, services and institutions shall be present at the time the estimate for their respect- ive offices, departments, divisions, services or institutions is under consideration. In Section 6 it is provided, with resnect to emergencies, that they may be declared in settleme of approved claims for -personal injuries or property damage arising from the operation of an public Atility owned by the city or town. Vie see no reason for this exception if the public utility is not to be governed by the budget law, and it is, therefore, of the nature of the one operated by the city of Port Townsend in its water department, inasmuch as an emergency appropriation must be adopted by a unanimous vote of the members of the council present, and must have the approval of the mayor in cities and towns not having a commission form of government. We are further of the opinion that six members of the council cannot employ an en- gineer and pay him where the salary or compensation is not provided for in the budget and nc proper emergency resolution has been adopted. Yours very respectfully, G. W. Hamilton, Attorney i'eneral by W. A. Toner, Assistant Attorney general, It was ordered that the said communications be filed. REPORTS OF OFFICERS. City Clerk. The City Clerk submitted the following reports: Weponer Allowance. A card from the Department of Labor and Industries stated that an an allowance of $35.00 has been made to Roy S. 'Reppner from the Accident Fund for time loss for the month of May, 1935. Salary Warrants Issued: -- The Clerk reported that he had issued the regular salary war- rants for the month of June, 1935, under date of July let, as follows; Upon the Current Expense Fund, to -wit: 1248 Harriett E. Dobbs City 'Treasurer $ 100.00 1249 C. F. Christian City Clerk 110.00 1250 W. J. Daly City Attorney 75.00 1251 Earl D. Sturrock Police Justice 15.00 1252 Geo. Willestoft Chief of Police 109.58 1253 Albert R. Larsen Patrolman 99.58 1254 Roy Seavey Fire Truck Driver 99.52 1255 Wayne Albright " " It 99,52 1256 J. J. Lafferty Fire Chief 15.00 1267 Rollie Stahl Street Supt. 99.62 1258 J. Herington Truck Driver 28.87 1259 Finst American Nat'l Bank, Assignee, aect. J.Herington 50.00 Total ............................. 901.69 I r H s 55 Minutes of Regular Session of July 2/35 continued. Upon the.Olympic_Yravity:Plater,;Fund, to -wit: 6671 Ben Green Water Supt. 109.52 6672 W. G. Potter Repair man 99.52 6673 Alpha Baker Clerk 70.00 Total .......................... 279.04 Upon the Library Fund, to -wit: 1862 Emilie A. Rothschild Librarian 70.00 1863 Jack Borvell Janitor 15.00 Total 85.00 Upon the Park Fund, to -wit: 116 J. E. Paddock Caretaker 65.00 Total ......................... 65.00 To Highway Dept., Re: Grader Proposal: The City Clerk further reported that he had no- tified the Highway Department of acceptance of their "50-50" proposal to purchase a grader, the following being a copy of his letter, to -wit: Port Townsend, Washington, June 19th, 1935. Mr. R. P. Newland, District Engineer, Department of Highways, Olympia, Wash. Dear Sir: - The City Council, at its regular session last evening, voted to accept your prop- osition, made in your letter of May 27th, to purchase a grader on a "50-50" basis, on the terms set forth in your letter, and in accordance with instructions from the Council, I am herewith advising you to that effect. Later in the session, the Council authorized the payment of $1000.00 from funds other than the secondary highway fundcaccruing under Chapter 111, 1935, and it is presumed, they will make provision in the budget for 1936. for payment of the remainder of the city's, 50 per cent. Please acknowledge receipt of this letter, confirming your 50-50 proposal. Very truly yours, C. F. Christian, City Clerk. In relation to the foregoing letter, the Clerk stated that no reply had been received from the Highway Department, Chief of Police Report for June. The report of the Chief of Police for the month of June, 1935, was presented, read, and ordered filed. Water Supt. Main Line Water Flow. The report of the hater Supt., showing the flow of water through the main line meters, for the:period ending June 25th, 1935, was presented, read, and order ad filed. REPORTS OF STANDING COMMITTEES. Finance and Claims. The Committee on Finance and Claims submitted the following writ- ten report: Port Townsend, Wash., July 2nd, 1935 To the Honorable Mayor and City Council of the City of Port Townsend, Gentlemen: Your Committee, on Finance and Claims, to whom was referred the matter of Treas- urer's report for the month of May, 1935, would respectfully report as follows: find same to agree with office records. �ti. S. Lafferty M. Lammers Sr. Water and Drainage. Committee on eater and Drainage submitted the following written report: Port Townsend, Wash., July 2nd, 1935. To the Honorable Mayor and City Council of the City of Port Townsend. Gentlemen: Your Committe, on Water and Drainage, to whom was referred the matter of Water Superintendent's report for the month of May, 1935, would respectfully report as follovs: find same to agree with office records. W'm. Lammers Sr. IN. S. Lafferty.