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Home My WebLink About00360 Minutes of Regular Session Of July 2/35 continued. (2)58 Minutes of Regular Session Of July 2/35 continued. UNFINISHED AND NEW BUSINESS. Grader Lease. b The Agreement of Lease by and between the J. D. Adams Company, lessor, R. Y G. Smith , and th e e Ci ty ty of port Townsend, lengee;:•byeMayoriGeorge^Bangerter, made and entered into on the 21st day of June, 1935, was now presented and read in full, to -wit: AGREE14ENT OF LEASE. HIS NT made and entered AdamsTCompanyEofEIndianapolis, Indiana,xto this 21st a corporationxyof hereinafter9called the lessorand , and ❑ndJ. D the City of Port Townsend, a municipal corporation of the State of Washington, hereinafter called the lessee, WITNESSETH: WHEREAS the street equipment which the lessee now has at its command is totally out of date, entirely insufficient and wholly inadequate fox, the proper maintenance and repair of the streets within the City of Port Townsend; and, WHEREAS it appears to the City Council that in order to properly maintain its said streets and properly coopreate with moneys to be received by said City under the provisions of Chap. 111 of the Laws of 1935, that a motor patrol gx•ader .bo purchased by said lessae;aa , WHEREAS a proposal by the lessor to furnish said City with a motor Patrol grader eea been accepted by said city subject to the approval of the Director of Highways of the State of washington, and written approval is now of record in the office of the City Clerk of the City of Port Townsend; and, WHEREAS there is at present insufficient funds budgeted fox, the year 1935, to pay in full the purchase px•ice of such motor patrol grader; and, WHEREAS the lessor is willing to assist the lessee in meeting said situation by imme- diate delivery to the lessee of the motor patrol grader as aforesaid, provided the lessee will lease said grader for a period commencing on the date of this lease and ending es the 31st day of March, 1937, at the agreed rental of $4302.35, which sum Ia agreed to be n fair and reasonable rental price for said property for said period, nee, therefore, in be aifair tion of the Premises and of the payments hereinafter stipulated to be made by the lessee to the lessor, and the full and faithful performance by the lessee of all the terms and condi- tions of this agreement at the time and in the manner herein set forth, IT IS HEREBY MUTUALLY AGREED as follows: 1. That the lessor agrees to and does hereby lease to the lessee for the term herein - before stated the following personal property, to -wit: 1 (one) Adams Motor Grader #151, complete with 32sx611, 10 ply front lug type pneu matic tires and dual 40 xe , 12 ply pneumatic lug type rear tires all with puncture proof tubes; scarifier attachment; 12'x3/4 oil mix moldboard; staeter including battery, genera- tor and horn and fully enclosed cab, tractor to be equipped to burn No. 1 furnace oil, delivery to be made to Port Townsend, ;9ashington, as soon as practicable. The agreed rental for the aforesaid personal property for the term herein stated shall be $4302.35, and the lessee covenants and agrees to pay said total rental to the lessors, as follows: (a). One Thousand Dollars ($1,000.00) cash upon delivery of the personal property leased; (b). $1302.43 to be paid on or before June 1, 1936; (c). Balance to be paid on or before the let day of April, 1937, in equal monthly in- stallments Of $63.33, commencing April 1st, 1935. 2. This lease shall continue in effect from the dhte hereof until the let day of Apri 1937, on which last-named date it shall automatically, and without notice, terminate; But the lessee shall have the right at any time prior to said termination, to purchase the whole of said apparatus and equipment for the sum of $4302.35, the reasonable value thereof, in which event this lease will immediately cease and terminate. AND IT IS MUTUALLY AGREED that in the event the lessee exercises the option hereinafte given to purchase, then and in that event any and all sums theretofore paid as rental shall be deducted from the total purchase price of $4302.35. 3. Upon the termination of this lease, other than by purchase provided in paragraph two hereof, the lessee agrees to re -deliver said personal property to the lessor at Port Townsend, Washington, in as good condition as when received, ordinary wear and tear thereof excepted. 4. If the lessee shall fail to pay hhe rental, or any part thereof, as hereinbefore provided for, as and when due, the lessor may at its option terminate this lease and remove said leased property. 5. No agreement of sale of said property is hereby implied, and no sale of said prop- erty shall be valid without the written consent of the lessor; all payments provided for herein are for the use only of the property leased. 6. IT ment is alease 1land Athat Athe Lprovisions iand hconditions e intent fthereofrconstituteotheaonlyisatis- factory arrangement which may be made whereby the lessee may be provided with adequate street equipment. IN WITNESS WHEREOF the parties have executed this agreement in quadruplicate the day here first above written. J. D. ADAMS COMPANY, Lessor By H. G. Smith ATTEST: CITY OF PORT TOWNSEND, Lessee C. F. Christian, City Clerk. By George ➢angerter, Mayor Motion to approve. It was moved by Councilman Sather add seconded by Councilman Laf- ferty that the said Agreement of Lease be approved. Upon Roll Call vote, all seven Coun- cilmen voted in favor thereof and motion was declared carried. Fort 71orden Water Contract. Contract forms for supplying Fort 'Norden with water, sub- mitted by the C,uortermaster's Dept. at Fort Worden, were presented and read, and it was mow d by Councilman Lafferty and seconded by Councilman Lnmmers that the Mayor be authorized to sign and execute the said contract at the regular water rates. Upon Roll Call vote, all seven Councilman voted in the affirmative and motion .was declared carried. srv x? {! r R Y f i s i x ;I W,„ ( ,I a .� s s, kT /: 7 � tt f ♦ : �r ss c,r f d bf x f�bW i � f u f<� Q 4 : r 59 Minutes of e�ular Session of July L35 continued. Use of Streets for 4th of July Celebration. Councilmen Sather and Hirtzler brought up the matter of the use of certain streets for the 4th of July celebration, and Mayor Ban- gerter stated that a workable plan was being completed. Coffelt Water er Supply. The following letter was submitted by the Mayor and was presents and read, as follows, to -wit: Port Townsend, Washington, July 2, 1935. Honorable Mayor and City Council of Port Townsend, Port Townsend, Wash. Gentlemen: - I am the owner of Lots six (6) and eight (8) of Block twenty-two (22) in Plummer: Addition to the City of Port Townsend. Before I purchased these lots I inquired of the City water Department as to whether or not water would be available. I was informed that it would be. I later understand that I shall be compelled to pay for the cost of laying pipe from Garfield Street across Blaine to my lots. If I had known this fact at the time of my purchase I would not have carried out my bargain. However, if the city will pipe across Blaine Street I will pay fox, the ser- vice from there to my lots. If the City is unable to carry out my proposal I doubt whether I will build my contemplated home on the property above described. Very truly yours, Thos. B. Coffalt. To lay 4" main. After considerable discussion of the situation, it was moved by Councilman Naughton and seconded by Councilman Sather that the city put in a 4" main on Blaine Street, running from Taylor Street to Monroe Street. Upon Roll Call vote, all seven Councilmen voted in the affirmative and motion was declared carried. Re: All=night parking law. It was moved by Councilman Naughton and seconded by Coun- cilman Sather that the all-night parking ordinance be suspended until it was unanimously decided by the council to enforce it again. Before a vote was taken, City Attorney Daly advised the Council that the proposed ac- tion was not within the power of the council in that they had no authority to invalidate an ordinance of the city by a simple motion and vote of the council; that the proper pro- cedure if it was desired to invalidate that certain regulation, would be the passage of of an ordinance repealing the present ordinance. Couun&ilman Naughton, with the consent of his second, Councilman Sather, then with- drew the motion. ADJOURNMENT. It was moved by Councilman Hirtzler and seconded by Councilman Sather that the Council adjourn. Lotion declared carried and council adjourned. Attest: �0_>&Nn,� Mayor v' UIZY er