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675
ORDINANCE NO. '6 "'1' lJ-
AN ORDINANCE: Declaring a public emergency to exist requir-
ing the expenditure during the year 1929 from the current expense fund
of the City of Auburn, of moneys not provided for in the budget for the
year 1929, for the purpose of defending suit No. 208346 brought in the
Superior Court of the state of Washington for the County of King by
Dillon Concrete Company, a corporation, as plaintiff, against the City
of Auburn, a city of the third class, as defendant, to recover the sum
of $9,496.36 with interest and costs of suit; estimating the amount of
moneys required to meet such emergency; and directing that emergency
warrants be drawn upon the current expense fund of the City of Auburn
to meet such expenditures.
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THE CITY COUNCIL OF THE CITY OF AUBURN DO ORDAIN AS FOLLOWS:
Section 1. That the following are facts: In about the month
of April, 1928, Dillon Concrete Company, a corporation, as plaintiff,
instituted an action in the Superior Court of the State of Washington,
for the County of King, against the City of Auburn as defendant, to
recover of and from the City of Auburn the sum of $9,496.36, together
with interest at the legal rate from November 15, 1927, together with costs
and disbursements, said action being No. 208346 of the causes pending in
said Superior Court; the City Council of the City of Auburn determined
that in its judgment the said claim of said Dillon Concrete Company was
wholly without merit and that the City of Auburn was not indebted to said
Dillon Concretel~ompany in any sum whatsoever; the claim sued upon by said
Dillon Concrete Company grew out of a written contract between the City
of Auburn and said Dillon Concrete Company for the construction of Unit
No.1 of the COlubined Sanitary and Storm Sewer System constructed under
the directions of the City of Auburn in the year 1927; a proper defense
of this action required the employment of special counsel and expert
engineers and a great amount of labor upon the part of the attorneys
representing the City of Auburn and the expert engineer employed by the
City of Auburn; the firm of Knickerbocker & Hunt was employed as attorneys
and snecial counsel to defend such suit and Mr. R. H. Thomson of Seattle
was e~ployed as expert engineer to assist in the defense of such suit;
said cause came regularly on for trial on the 11th day of March, 1'29 and
after about three and one-half days spent by plaintiff in the introduct-
ion of evidence, and before said cause was finally submitted to the court
for its decision, plaintiff moved for a voluntary non-suit, which the
Court granted. At the time when the budget for the year 1929 was prepared
and finally adopted the nleadings in said cause No. 208346 had not been
completed and it could not then be determined, even apprOXimatelY, the
amount of the total costs of defending said suit or whether or not the City
of Auburn Vlould be obliged to go to trial and the amount of such expenses
in defending such suit could not reasonably have been foreseen at the time
of making said budget for the year 1929; after the making of such pudget
the City of Auburn agreed with said Knickerbocker & Hunt that the amount
to be paid said Knickerbocker & Hunt as atto~neys for defending such
suit should be Seven Hundred Fifty Dollars ($750.00), said R. H. Thomson,
expert engineer, has rendered a bill against the City of Auburn for his
services in said matter for $412.50 and the estimated court costs and fees
of other witnesses subpoenaed by the City of Auburn for the defense of
such suit and court reporter amount in the aggregate to approximately
t& \\,. \!;)... $.18.,. 5Q,. making a total cost to the Ci ty of Auburn for defending said
suit approximately the sum of '$1~oO.~t!1.1<<t.b~-
Section 2. That by reason of the facts stated in Section 1
of this ordinance, a public emergency now exists requiring the expenditure
during the year 1929 from the current expense fund of the City of Auburn
of moneys not provided for in the budget for the year 1929, for the
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purpose~of defending said cause No. 208346 and paying attorneys' fees,
expert exgineer and corroborating witnesses' fees, court reporter and
other costs and expenses; that such emergency could not have been
reasonably foreseen at the time of making the buclset of estimated
expenditures, from the current expense fund of the City of Auburn
during the year 1929, which budget was adopted by the City Council
in October, 1928 and that the estimated amount of expenditures required
to meet such emergency if? the sum of $XJ~5v_O&- B j ~ -, ,. b ~~
Section 3. That emergency warrants be drawn on the current
expense fund of the City of Auburn in payment of such costs and expenses
of defending said suit to the amount of, but not to exceed the sum of
~ \ "t1'1, 4$1, ~50. 00, in the aggregate.
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Introduced March 19, 1929
Passed Unanimously by the affirmative
vote of all councilmen present ~ < , 1929
Approved ~ ~ 1929
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Mayor
Attest:
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