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<br /> <br />.. <br /> <br />t. <br /> <br />. <br /> <br />~ <br /> <br />'-. <br /> <br />!::r. <br /> <br />675 <br />ORDINANCE NO. '6 "'1' lJ- <br /> <br />AN ORDINANCE: Declaring a public emergency to exist requir- <br />ing the expenditure during the year 1929 from the current expense fund <br />of the City of Auburn, of moneys not provided for in the budget for the <br />year 1929, for the purpose of defending suit No. 208346 brought in the <br />Superior Court of the state of Washington for the County of King by <br />Dillon Concrete Company, a corporation, as plaintiff, against the City <br />of Auburn, a city of the third class, as defendant, to recover the sum <br />of $9,496.36 with interest and costs of suit; estimating the amount of <br />moneys required to meet such emergency; and directing that emergency <br />warrants be drawn upon the current expense fund of the City of Auburn <br />to meet such expenditures. <br /> <br />.-...."..-.""'-.."..-:;c~J"'~,"',:,.- <br /> <br />_>W~_":'_""'__""-";~~O"""''':-'_;-' <br /> <br />THE CITY COUNCIL OF THE CITY OF AUBURN DO ORDAIN AS FOLLOWS: <br /> <br />Section 1. That the following are facts: In about the month <br />of April, 1928, Dillon Concrete Company, a corporation, as plaintiff, <br />instituted an action in the Superior Court of the State of Washington, <br />for the County of King, against the City of Auburn as defendant, to <br />recover of and from the City of Auburn the sum of $9,496.36, together <br />with interest at the legal rate from November 15, 1927, together with costs <br />and disbursements, said action being No. 208346 of the causes pending in <br />said Superior Court; the City Council of the City of Auburn determined <br />that in its judgment the said claim of said Dillon Concrete Company was <br />wholly without merit and that the City of Auburn was not indebted to said <br />Dillon Concretel~ompany in any sum whatsoever; the claim sued upon by said <br />Dillon Concrete Company grew out of a written contract between the City <br />of Auburn and said Dillon Concrete Company for the construction of Unit <br />No.1 of the COlubined Sanitary and Storm Sewer System constructed under <br />the directions of the City of Auburn in the year 1927; a proper defense <br />of this action required the employment of special counsel and expert <br />engineers and a great amount of labor upon the part of the attorneys <br />representing the City of Auburn and the expert engineer employed by the <br />City of Auburn; the firm of Knickerbocker & Hunt was employed as attorneys <br />and snecial counsel to defend such suit and Mr. R. H. Thomson of Seattle <br />was e~ployed as expert engineer to assist in the defense of such suit; <br />said cause came regularly on for trial on the 11th day of March, 1'29 and <br />after about three and one-half days spent by plaintiff in the introduct- <br />ion of evidence, and before said cause was finally submitted to the court <br />for its decision, plaintiff moved for a voluntary non-suit, which the <br />Court granted. At the time when the budget for the year 1929 was prepared <br />and finally adopted the nleadings in said cause No. 208346 had not been <br />completed and it could not then be determined, even apprOXimatelY, the <br />amount of the total costs of defending said suit or whether or not the City <br />of Auburn Vlould be obliged to go to trial and the amount of such expenses <br />in defending such suit could not reasonably have been foreseen at the time <br />of making said budget for the year 1929; after the making of such pudget <br />the City of Auburn agreed with said Knickerbocker & Hunt that the amount <br />to be paid said Knickerbocker & Hunt as atto~neys for defending such <br />suit should be Seven Hundred Fifty Dollars ($750.00), said R. H. Thomson, <br />expert engineer, has rendered a bill against the City of Auburn for his <br />services in said matter for $412.50 and the estimated court costs and fees <br />of other witnesses subpoenaed by the City of Auburn for the defense of <br />such suit and court reporter amount in the aggregate to approximately <br />t& \\,. \!;)... $.18.,. 5Q,. making a total cost to the Ci ty of Auburn for defending said <br />suit approximately the sum of '$1~oO.~t!1.1<<t.b~- <br /> <br />Section 2. That by reason of the facts stated in Section 1 <br />of this ordinance, a public emergency now exists requiring the expenditure <br />during the year 1929 from the current expense fund of the City of Auburn <br /> <br />of moneys not provided for in the budget for the year 1929, for the <br /> <br />