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HomeMy WebLinkAbout675 .. t. . ~ '-. !::r. 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. .-...."..-.""'-.."..-:;c~J"'~,"',:,.- _>W~_":'_""'__""-";~~O"""''':-'_;-' 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 . y. 'W .:--~ ~ ..~ ..--- 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. ~, Introduced March 19, 1929 Passed Unanimously by the affirmative vote of all councilmen present ~ < , 1929 Approved ~ ~ 1929 (?~.. ...-......... Mayor Attest: t:H/I~. ~ ~().J)t~ ~\~I ~\'