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HomeMy WebLinkAbout00107 Session of Citv Council. Dea�nber 16. 1941 �o,;itlD�e�-_�®-®..�n I 204 ! 1 "�' ��MinutOs�pflnr Session of Citv Council. Dea�nber 16. 1941 �o,;itlD�e�-_�®-®..� �i (4) In disregarding the Road Repair signs, which were duly and regularly posted by claimant and the other workman, at said time and place, on said State Highway 9, one of which said Road Repair signs, with a Red Flag at the top of each of said signs, was posted or placed on said State Highway No. 9 right even with said Glen Cove crossroad and facing towards the said City of Port Townsend; (5) In permitting the said Chief of Police to use and maintain } said automobile or police patrol car for duck hunting ex- peditions, with the full knowledge and consent of said i City of Port Townsend, and thereby establishing, maintain- ing and permitting a nuisance, and that at said time and place the said Chief of Police was operating said automo- bile or police patrol car, with the knowledge and consent of said City of Port Townsend, on a duck hunting expedi- � tion; �i (6) In failing to operate said automobile or police patrol car, 1111 at said time and place, as an ordinarily careful and pru- dent person would operate the same; and i., (7) In failing to take any steps or precautions to avoid an accident when the same seemed imminent. VI. That by reason of said accident, due to the negligence and carelessness of said City of Port Townsend, its agents, servants and representatives as aforesaid, the above named claimant, Robert E. Reid, was struck with great force by said automobile or police patrol car aforesaid, and rendered sick, sore and faint; that he sustained brush burns of his left hip; that he sustained severe contusion of his left lower ribs with possible fracture; that he sustained a chip fracture from acromial procoss in his right shoulder joint, and is sufferivig from acute subacromial bursitis due to said injury and partial paralysis of his right arm; that said claimant has suffered constant pain ever since said accident and will continue to suffar therefrom; that said injuries are permanent and claimant, as a result., has not been able to use his right arm and shoulder and has not been able to work and will not be able to work for an indefinite period of time in the future and may be permanently disabled; and by reason thereof the claimant has suffered general damages in the sum of Five Thousand ($5,000.00) Dollars. VII. That by reason of said accident, due to the negligence and carelessness of said City of Port Townsend, its agents, servants and representatives, the claimant was obliged to and did incur expense for medical treatment and services of a physician and surgeon, the exact amount of which is unknown at this time, but which will exceed $150.00. VIII. That prior to said accident the claimant was steadily employed by the State of Washing- ton Highway Department, as a semi -skilled workman, averaging about $114.00 per month; that since said accident the claimant has been unable to work and will be unable to work for an indefinite period of time in the future, the exact period of which cannot at this time be stated, but which will be not less than six months and claimant has sustained additional dam- ages thereby in the sum of $684.00. That by the filing of this claim, the claimant herein, Robert E. Reid, does not waive any rights he may have under the Workments Compensation act of the State of Washington, and expressly hereby reserves the right to hereafter elect whether to pursue this claim himself or to take under the said Workmen's Compensation Act and the filing of this claim is strictly without prejudice to his right to hereafter make such election and the filing of this claim does not constitute an election by Claimant. WHEREFORE, said claimant presents to.the said City of Port Townsend his claim for dam- &ges, on account of the matters and things herein set forth, in the total sum of Five Thousand Eight Hundred Thirty -Four ($5,834.00) Dollars, and prays that the same be allowed in said amount. ROBERT E. REID CLAIMANT ( Office and Post Office,Address: 718 - 1331 Third Avenue Bldg., SEATTLE, WASHINGTOH. STATE OF WASHINGTON, ) ) as. COUNTY OF KING. ) f y ROBERT E. REID, being first duly sworn, on oath, states: That he is the Claimant herein; that he has read the within and foregoing Claim, owe the contents thereof and believes the same to be true. ROBERT E. REID Subscribed and sworn to before me this loth day of ecY ember, 1941. EMMETT R -TV-MIFFor e a e or_ Was h. S-c U F a It It I. 7 U E Daly, Sullivan and Cornett arrive City Attorney Daly and Councilmen Dennis Sullivan arrived during the reading of the foregoing Claim for Damages and Councilman Cornett immediately upon completion thereof and allassumed their proper places in the proceedings of the meeting, Claim Rejected It was moved by Councilman Brown and seconded by Councilman Lammers that the Claiin of Mr. Robert E. Reid as entered above be rejected. Motion carried. REPORTS OF OFFICERS City Treasurer The monthly report of the City Treasurer for the month of November, 1941 was presented and read and referred to the Finance committee. Water Superintendent The monthly report of the Water Supt. for the month of November, 1941 was presented and read and referred to the Water committee. The report of the Water Supt. showing the flow of water through main line meters for the week ending December 15, 1941 and the National Paper Products Co. meter fur the week ending December 6, 1941 was presented and read and ordered filed. COMMUNICATIONS From State Highway Department The monthly form letter of the State Department of Highways showing this City's October llotment of gasoline tax funds to be $925.82 was presented and read and ordered filed. From Association of Washington Cities Information bulletin No. 66 of the Association of Washington cities and an A.M.A. Washington News letter under date of December 2, 1941 were acknowledged received by the City Clerk and the Council assured that same would be on file in that office. From William Nagel, to -wit: December 15, 1941 To the Honorable Mayor and to the City Council Port Townsend, Washington Gentlemen: Your attention is respectfully directed to an irregularity in the operation of a certain gravel pit within the city limits of the City of Port Townsend. The gravel pit re- ferred to is on Rose and Q Streets near and at their point of intersection. According to the best information available, these streets are duly dedicated and supposedly open to the use of the general public and have never been vacated. The gravel, which is being taken directly off of these streets and which streets. have been converted into a gravel pit, is directly controlled and operated by a private indi vidual for private gain without benefit to the City of Port Townsend. More emphatically at a detriment to the said city. It may be stated that a city does not have the right or the power to restrict the use of a city park to a single person. It may further be supposed that tax payers would not long tolerate such a condition in any eventuality. Therefore, it is difficult to see why the general tax payer should be imposed upon in this particular instance. Your prompt and immediate attention hereto is respectfully requested, and it is to be hoped that this matter having been called to your attention will be immediately rec- tified without further action on the part of the tax payers of this city. Respectfully yours, This matter was referred to the Street committee for their investigation. ORDINANCES AND RESOLUTIONS In accordance with instructions from the City Council the City Attorney presented the ollowing Ordinance which was read in full by the City Clerk at this time.for the first ending as follows: ORDINANCE NO. AN ORDINANCE amending Ordinance No. 1089 of the City of Port Townsend en- titled "An Ordinance providing for the licensing for revenue and regulation of machines or devices for playing games of skill, and repealing all Ordinances and parts of Ordinances in conflict herewith," passed by the City Council Dec- ember 7, 1937, approved by the Mayor December 8, 1937. THE CITY COU14CIL OF THE CITY OF PORT TOWNSEND DO ORDAIN AS FOLLOWS: Section 1. That Section 1 of Ordinance No. 1089 entitled "An Ordinance providing or the licensing for revenue and regulation of machines or devices for playing games of kill, and repealing all ordinances and parts of ordinances in conflict herewith," passed y the City Council December 7, 1937, and approved by the Mayor December 8, 1937, be and .is same is hereby amended to read as follows: