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City Council Packet - 04/21/1964 April 20, 196 Mayor E. A. Woodard Councilman F. J. Cooper Councilman F. H. Bergmann Councilman H. E Johnson Councilman C. H. Klock, Sr. City Attorney F. A. Anderson Mr. C. R. riga, Stevens and Thompson j ' nvrrausaafire\. fis,:s'lavtast��T�+ip".ECd.la Intercgg o eir Contract Nall �Con ct r for assments s; �z CXTY RECORDER s? ti T T ; ARD C " TY C 0f17.', C - r, MINUTES OF SPECIAL ryT?_.0 IR'h ^Z loa,l, Present.: Ynyor T. A. bloodard; ,oz,nei.l.i.ai r', T. Co^,z.er; F. H. I3erp. ann T hnn'oa: r;. :.Lock, Sr. and'City Attorney . A Anderson, Also rres,nt G. R. Meigsof Stevens and `f'nompson and Me..src. Marshall. and Burroughs of :Ialley's. Mayor Woodard called the meeting to order at 7:30 P Me f-,.sem matter before the Council is the matter of the contract for the interceptor sewer; there has been .a little cher ge here so I thin', I will lei: Mr. i1ei.,?s expl:.in to its. Mr. Meigs read the letter from .F__.nk T. ;._;brew . ,:ne. in which tney requested release from their contract. Attorney Anderson: My recommendation is that if 11 fee'. that he is othe:rrise a,ali.fied for acceptance that is the one you should accent. I recommend against talking the only way to do bz„iness is in ling, have him submit 'Ajatever he wants to submit in rciting. Mayor Woodard: I would ask, the Council if they wooid an-Prove of Attorney Anderson writing this letter to this firm. Attorney Anderson: Are we at a, roint now ,Baum _ oald .,,,,., .;ly award this contrc.ct:' Mr. Melds: Subject to the approval of the Health Department. Attorney Anderson: I would presume then that the 'Public Health Service would be well satisfied with you if at a later time you decided Matthews should be let out so therefore T would suggest that other things being equal you proceed with the conditional award so that, you can submit the contract through channels for approval by the Public Health Service. _i would suggest writing , ;er-y matter of fact letter acknowledging this bid and stating that he will be furnished the contract in due course 'and let him take it from there. Councilman Johnson: I so move `we accept the bid of `r'. T. :Latth_„,,, Inc. subject to approval of the State Sanitary Authority and Public:Health Service. r'Motion seconded by Councilman`Cooper and upon call for vote ' was unanimously approved by Council all members being present. ' Mayor Woodard: our next question is Ilalley's contract running out on July 15th of this year and they have asked for a renewal. 'Phe last contract was for'five years from 1959. -STnat r:e"are after now io whether we want to renew the contract, make a shorter contract and under what conditions we want to place-'it. We would ask Mr.`Marshall for his comment on this. ' Mr. Marshall: I would say we are quite happy under the existing contract. We keep making improvements; we know we have not lived;by the law at all times but I think conditions are;improving. I think we'would`be quite happy to have the:same contract rind same` length of time. Mr Burrougbs: 'We arc a.-,ticipating, building our sales:warehouse here I would say it is our desire to have a rer_ezaal for five years the same as now. final building approval has not been granted, we have the plans drawn and bid figures. 'We hope to get approval, I think you can assume we probably will build and we would like to have some pro- tection to renew after the five years. This warehouse will be 4-21-641- Page 1. ' approximately .`x(,000 sou"re fee i. t' 0 ie SSI iii:= C c ''•' for five ;,ea After some further discussion 14ayor ldoodcxuo- motion to go ahead anO give them the fi'�e Yes.r e7 ensior.. i+Ir. Burroughs:- Is it posslb:Le to ask for a:- option of extension after the next five ;;ears are uro'i Attorney Anderson: This is the proper time to discuss any additions or modifications. After some further discussion it w s -.greed that !alley's :rill write the City a letter reques`4ng extension of the contract and other conditions which may be incorporated in the new contract- P:nyor Woo&1rd: Our next and last item on the d.: would be the casements on the interceptor. Four remain unsigned and the City Attorney has mitten letters to them. Attorney Anderson: Consistent with the instcuctioris from the Council authorizing me to write to each of these Diners who lutd not Granted easements to -the City,! did so "rite each of them by certified mail d th erevt to Hord pr3pertY, ue i the a letter fromStern (reading the Tetter). I had an opportunity to talk to Dir. Stern on that score a few days ago and I have the impression one dollar will do it; his plea is you paidsomebody'else a dollar and we are as good as they are. Howe Lee, I have a letter from the sante Attorney who says the offer made"in your lett of kpril-7 is hereby rejected. Shaw's letter has not been honored,by a reply. Joe Schulte has not replied formally. In conversation i;ith him he feels that iii"is not ' acceptable. Councilman Klock: I will make a motion the (:icy Attorney be authorized to acquire these rights of*,ray by negotiation or by Court action. 'Motion seconded by Councilman Johnson., Upon call for vote was unanimously approved by Council all members being present. Councilman Johnson moved for adjournment; motion seconded by Ccuncilman,Bergmann and unanimously approved by Council all members being present. Adjournment taken at 9:45 P. M- Re spe ct:Dally�s/ubmi�tted, ATTEST:"' C.rY PwCORDER v OR 4-21-64'- Page 2.