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HomeMy WebLinkAbout0812 ~. ...... "':i ORDINANCE NO. 812 AN ORDINM{CE: Deolaring a public emergency to exist requir- ing the expenditure during the year i938, from the Current Expense Fund of the City of Auburn, of monies not provided for in the budget for the year 1938, fo~ the purpose of paying fees of speoial oounsel employed by the City of Auburn to assist in the defense of a damage ~uit brought by one Lester GieskEr against said city for $12,722.00; and direoting that an emergenoywarrant for 0300.00 be dravm on the Current Expense Fund of the City of Auburn, payable to the order of Thos. E. Agee, in pa~~ent of such fees. The City Council of the City of Auburn do ordain as follows: SECTION 1. That the following.are faots: On or about October 30,1937, and after the budget for the City of Auburn had been prepared and adopted, one Lester Giesker caused to be filed with the City of Auburn a written verified claim for damages against said oity in the sum of $12,722.00, for injuries claimed to have been suffered by him on Main Street east in said oity on October 16, 1937. This claim was afterwards duly rejected by the City of Auburn. Afte~vards and on or about June , 1938, said Lester Giesker commenoed an action in the Superior vourt of King County against the City of Auburn, based upon the said olaim theretofore filed with the citYJfor damages in the sum of 012,722.00. Afterwards and on July 5, 1938, the City of Auburn, by a written resolution dUly employed Thos. E. Agee as special counsel to defend and assist in defending said action and agreed to pay said Agee for suoh servioes a reasonable compensation, such compensa- tion, inoluding one possible appeal to the Supreme Court not to exceed $750.00, and said Agee acoepted said employment and thereafter appeared for the City in said aotion and demurred to Plaintiff's complaint. Thereafter Baid Superior Court sustained said demurrer and on September 6,1938, on applioation of said Agee, signed and oaused to be entered a judgment dismissing said aotion with prejudice. Said Agee has pre- sented to the city a bill for $300.00 for his servioes in full in the matter of suoh litigation and the City Council deems the sum of $300.00 to be reasonable oompensation to be allowed and paid to said Agee as payment in full for his services in said suit. SECTION 2. That by reason of the facts stated in Seotion 1 of this Ordinanoe, a public emergenoy now exists requiring the expendi- ture during the year 1938 from t he Current Expense Fund of the C it Y of Auburn, of monies not provided for in the budget for the year 1938, of the sum of ~300.00 to said Thos. E. Agee as payment in full for his services in the matter of the litigation above referred to. SECTION 3. That an emergency warrant be drawn on the Current Expense Fund of the City of Auburn, payable to the order of said Thos. E. Agee, for the sum of $300.00. Introduoed September 20, 1938. Passed unanimously by the affinnative vote of all the present Ootober ~, 1938. ' Approved Ootober '-, 1938. Council- men x x ~~ MAYOR x x Approved as to form: x~~. . ITY AT X TOR N E Y Published Ootober/~ 1938.