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ORDll;ANCE
701
Et
NO.
AN ORDINANCE declaring a public emergency to exist requiring the
expenditure during the year 1930 from the ~lTrent e~)ense f~d of the City
of Auburn of ~oneys not provided for in the budget for the year 1930, for
the purpose of defending suit No. 222049, brought in the Superior Court of
the State of Washington, for the County of King, by Andrew J. Holland as
plaintiff against the City of Auburn, a municipal corporation, ~s defendant,
to recover the sum of $10,403.90, with interest and costs of suit; estima-
ting 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.
THE CITY COUNCIL OF THE CITY OF AUB~I DO ORDAIN AS FOLLOWS:
Section 1. That the following are facts: In the month of July,
1929, Andrew J. Holland lnsti tuted an action in the Superior CO,urt of the
State of Wa.shington, for the County of King"a.gainst the City of Auburn, as
defendant, to recover of and from the City ot Auburn the sum of $10,403_90,
together with interest at the legal rate and(.ith costs and disbursements,
said,action being NQ. 222049, of the causes~~ending in said Superior Court;
the City Council of the City of Auburn dete~ined that in its judgment the
fOaid claim of Andrew J. Holland was whollytithout merit and that the City
of Auburn, was :lot responsible for tne 211ege! accident, nor was it indebted
to the said Andrew J. Holland in any sum whatsoever, the claim sued upon by
said Andrew J. Holland grew out of an alleged accident in which the s&id
Andrew J. goll~nd claimed to have fallen upon an icy sidewalk on Main Street,
on the South side of said Main Street, between Division Street and A Street r~
West, in the month of February, 1929; a pr~per defense of this action required
the employment of special counsel and expert medical testimony, as well as
technical information from engineers ~~d a great amount of labor uvon the part
of the attorneys representing the City of Auburn; the City Attorney, Chas. A.
Cave and special counsel, John T. Hunt, were employed as attorneys to defend
such suit; said cause came on regularly for trial on the 28th day of January,
1930, and after four days of trial in the said Superior Court the jury selec-
ted to try said cause rendered a verdict in favor of the plaintiff and against
the defendant, the City of Auburn, in the sum of $2000.00; the attorneys for
the defendant, City of Auburn, have taken the necessary steps required in an
appeal of the case. At the time when the budget for the year 1930 was prepared
and finally adopted, the pleadings in spid cause No. 222049 had not been com-
pleted, 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
would 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 1930; that the City of Auburn had agreed with Chas. A. Cave and
John T. Hunt, defense attorneys, that the amount of attorneys. fees for defending
such suit in the Superior Court would be the sum of $500.00, and the estimated
Court costs, of witnesses subpoenaed by the CitU of Auburn for the defense of
such suit and the Court ReQorter cni the e~tjm~tcd. COEt of !l1)'Oeal to the Sunreme
Court amount in the aggreg~:1.te to approximately $/1190". .., making a total
cost to the City of Auburn for defending said suit, of approximately the sum of
$)1'O{).P / 'pp~ .. '
Section 2. That by reason of the facts stated in Section 1 of this
ordinance, :l public emergency now exists requiring the expenditure during the
year 1930, from the c~rent eX'jense fund. or the City of Auburn, of moneys not
provided for in the budget for the year 1930, for the ;.lUrpose of defending said
cause No. 222049, and paying attorneys' fees, engineers, witnesses' fees, Court
Reporter, appealing of said cause and other costs and expenses; that such eroer...
g~ncy could not have been reasonably foreseen at the time of making the budget of
estimated expenditures from the current eXQenses fund of the City of Auburn, duriQg
the year 1930, whic~ budget waS adopted by the City Council in OctOber. 1929, and
that the estimated arno-gnt of expenditures required to meet such emergency is the
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610
sum of $ ~~. /(;tJ~--
Section 3.
of the City of Auburn
to the amo'U.'lt of, but
That emergency warrants be drawn on the current expense fund
in payment of such costs and expenses of defending said suit
not to exceed, the sum of $ I !(O~ 1~(J4 (~ in the aggregate.
Introduced February 4, 1930
Passed unanimously by affirmative vote
of all councilmen present February 18, 1930.
A;pproved Februar;v 1Z, 1330....---'/-
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Attest; /)'
M./&::~
Cit'T Cle
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A}'proved as to form:
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Published: c/~ JtJ ~ IfJ-o.
?;;~. ~r Q5au,.
City Attorney
STATE OF WASHINGTON,
COUNTY OF KING,
} ss.
I, ____YI.....R.mJ3ar.ingElrmpu,___u________________uuuuum__u___m___' the duly elected, qualified and acting
City Clerk of the City of Auburn, a municipal corporation of the third class, situate in
the County of King, State of Washington, do hereby certify that the foregoing is a full,
true and correct copy of Ordinance No.______7_QLmm' of the ordinances of the said The City of
Auburn, entitled "AN ORDINANCE declaring a public emergency to exist requiring
the expend i ture during the year 19-30ufro-m--theUCurrenCExpensl!. FUridm6-r---theucrrty--o f
Auburn of moneys not provided for in the budget for the year 1930, for the purpose
o :r-- tier en,iing- --s-uL f -wo- ~u-2:I?:04(J ~-- -brought- - Tri- -fhe- -Superlo-r --Court-- 0 -f' - the-' Bti:ft"Ef--o!--Wa sJJtngto n,
for the County of King, by Andrew J. Holland as plaintiff against the City of Auburn,
a'- fuiirilcTpaI ---clo-rpo-rii.iion ~- ua-s---defendent-; .--tu "rew-ve!"" -the.-1rtml- -0-[-- $10-;403.90;' --w-l-th----- ---
interest and costs of suit; estimating the amount of moneys required to meet such
eme-rgency- -and: udireC'ti:ng--tha1.-- .emergenc,.--wal"l'an-t-s--be--d'l'awnu.upo n- -- the. -.G.UI!ren. t- -Expense
Fund of the City of Auburn to meet such expenditures.
------...-----...----------------------------.--------.------.----...-----..--.-----..-
I further certify that said Ordinance No. ___7-0.1.._0000____ was duly passed by the Council and
approved by the Mayor of the said The City of Auburn, and published as provided by law in
The _1luburn_.Glohe,.,Republi.an--u.........mn-..mu---------, a weekly newspaper published in the
City of Auburn, and of general circulation therein, on the u_.u__u____u?Q_Ul._____m_uu_________m__ day of
._.__u_mFe_bruaX7_m__.m_p__uuu_________u_u, A. D., 19m~!'
LESLIE PUBLISHING GO., 8-20-28-250