HomeMy WebLinkAbout1960-02-16; City Council; Minutes* I
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\ ', '. > *x- '8, 2Q I Minutes of: city Council i Date of Meeting: Febrtiary 16, 1960 : Time of Meeting: 7: 00 P. Me ; of \?&$&q\,.t'\/t : Place of Meeting: Council Chambers ________ _______________ ____ i _."_________ "A? ____-- %--
I Member ~~'@~~~P.fl :"""""~""""""""""""""-"----~- ')II; i ROLL CALL was answered by Councilmen Sonneman, [ ;;I:(
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; Ledgerwood and NlcFDherson. Also present were City ; ()I( ::::
I Manager Slater and City Attorney Hayes. I I :::I lIl(
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! INVOCATIOH was offered by Mayor Ledgerwood,
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I 1 I ae The dnutes of the regular meeting Of the city i SOnneman : !x: i I Council held on February 2, 1960, were approved as : Ledgerwood : :Xi
; presented. i McPherson :x i i 4
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1 I 1 COBRESPONDENCE
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I I I a. Division of Highways Agreement:, Letter dated I i February 5, 1960 from the Division omlghways, with i I copies of "Master Agreement for gas tax funds" attached, ; : in which they stated this Master Agreement would re- I place the Memorandum of Agreement for engineering ex- I
I ecuted annually by each City, and will remain in full hrcd i and effect until revoked. They requested the agreement i t be approved by resolution of the City Council. After i consideration by the Council the following resolution was i : presented for the Councills review:
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!II! I : Res. f632. A RESOLUTION OF THE CITY COUNCIL I ;l*i
I OF THE CITY OF CARLSBAD, ADOPTING. AND I It:: ,leu
I i::: i PENDITUBE CF FUNDS ALLOCATED UNDER SECTIQN~ Sonneman g i :X: i 2107.5 OF THE STLlEETS AND HIGHWAYS CODE, was i Ledgerwood i !x: : adopted by title only, and further reading waived, : McPherson I : x;xi
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I I I : APPROVING THE MASTEB AGREEMENT FOR EX- 11
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I I I b, Requests for sewer connections, The following I i requests for sewer'connections were made and approved : : by the Council upon recommendation of the City Engineer: i
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I E, J. Bale Co. Anita Leverette i Sonneman ix i !x; -.
I I Guaranteed Homes Mrs. S. H, Tripp : Ledgerwood! : :x;
I I Gregory Vi. Losa i McPherson ; Ixix:,
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l!l; i OWAL COMMUNIICATIQMS:
i There were no oral communications,
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i PUBLIC HEABING - 7: 30 Po Me:
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I a. Carlsbad Blvd, Sewers - 191 1 Act proceedings, : : Assess. Dist. #5-1959. I
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l a I I i The Mayor announced this was the time and place fixed I i by the City Council"for hearing objections or protests on ; : the proposed work, or the extent of the assessment I district, or on the proposed grades under the Resolution i : of Intention No. 624, providing for the construction of : : sanitary sewers and appurtenances, and appurtenant work i I in Carlsbad Blvd. from Chinquapin Ave, to Hemlock Ave. i
1 Also chinquapin Ave., Sequoia Ave. , Tamarack Ave., I Redwood Ave. and Hemlock Ave. from Carlsbad Blvd, : to Garfield Street.
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.II! i The Clerk presented the affidavits of publication, mailing ~So~em~ i 4 i i I and posting. By motion of the Council the affidavits were :LedgerWood i ; : 4 : approved and ordered filed. jMcPherson ; I xi X:
i The Mayor requested the Clerk to read all protests that i ;::; : had been filed. The Clerk presented the following : written protests: 1;;1
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! I !Il! I 1 I I Letter dated December 28, 1959, from Orville C, Jeffersi i 155 Chinquapin Ave,, protesting the cost of construction, i : and pointing out that in all previous projects where I pumping stations have been necessary, the City has
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I I I. )~"""-"""""""-~""""""""""~""""~"""""""""~ i participated; also the pedestrian walkway that would be : constructed at the wdst end of Chinquapin Ave. ; and re- J quested clarification of ihe status of the most westeriy : lot on the south side of Chinquapin Ave,, as he was in- ! formed this lot is not a part of Sewer District $2, and : must pay its full share of the cost of the present sewer I prdject.
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I I 1 1 I 1 I I i The Council was informed that at the meeting of January i : 5, 1960, tHis letter was read and discussed, and the last i ! two items in Mr. Jeffers letter had been clarified at that : : time. The only item before them at this time was the i : cost of the project and the request for City participation : i in the pumping station. I I
: Letter dated February 11, 1960 from Grville C, Jeffers, i I in which he discussed the separation of the State Park :. I Beach from this proposed sewer district, and its method i I of acceptance to the City Sewer System, claiming this as : ; one of the main factqors for City participation in this % i proposed pumping station,
i A petition was presented signed by resident property i owners in the area, in which they petitioned the City to i ; participate in the cost of the pumping plant and appurt- i i enant installation to the extent of SO%, and set forth I I : certain reasons to justify this request for City participa- i I tion. The following names were affixed to the petition: :
i QrviUe C. Jeffers Frank Novak ; Mrs. Sally S. Tico P. F, Valentine i Josephine F, Kellett Henry C. Sauer i I
1 Guiseppe Angello Robert J. Becker i C, B, Ledgerwood James E, Farrell : Bertha GUlingham Helen McConnaughay i i Harry M, Walker Edward C. Mitchell : : Ida L, Walker Ernest J. Litchfield i i Vere Goff Estelle G. Gumming :
i W. H. Syme Van A, Norman t i Thelma L, Virgil I I i For further particulars said petition is on file in the : office of the City Clerk.
I .The Council was informed that identical petitions were : i filed by non-resident property owners, and that the I I ; following names were affixed to the petitions:
: Major R. Rix Nessa L. Robusson i i J, Ha Hlgman Grace Moore I : J, W. Crilly Preston B. Griffhg, J+. i Alva Finley Lenora A. Griffing : ; Irene P, Duro Lucian F. Ramley i i EdityW. Lyman Ruth McNevin I I ! Harold Lister
; For further particulars said petitions are on file in the i i office of the City Clerk, I I
i After hearing all written protests, the Mayor asked if i : there were any persons, or their representatives, who i i had filed written protests, that wanted to be heard? L I i UgVILLE JEFFESS, was present and presented a map i i of the proposed district. Ze informed the Council there ; ; were 69 lots in this proposed district, with 41. property : I ownerst and that only 19 owners lived in Carlsbad, 80% i : of the property owners have signed the petition, He felt : : the City should participate in the pumping plant cost I I because it would benefit future development in the area, i i and did not- think it fair to have the area residents pay the i
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I 1 i::' i entire cost. The property on the west side of Carlsbad i 1:;; I was owned by the State and they had their own pumping ! :::: i station, and they were allowed to have a free ride when i ;iii : they connected to the City sewer line. I 4:;
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I I I I : Mayor Ledgerwood stated he intended to abstain from : i voting on this matter as he owned property within the pro-: i posed district. He was a member of the Board of Direct-: ; ors of the old Carlsbad Sanitary District for 14 years and i i Secretary of the Board in 1952 when Sanitary District #2 : : was formed, This area was excluded from Sanitary I i District #2 upon the recommendation of the Engineer, as J : he felt this area and Terramar should be included in a i i separate district. However, due to the high cost to the : ; property owners .in certain areas they were r.equired to i : pay $25,00 per lot towards this cost; therefore, he felt : i it only fair that the City should contribute towards the i i cost of the proposed pumping plant, I I t I I I
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i .Cwn, Sonnenan stated she. felt the City had set a prece- i ;;'I
: dent by contributing to other pumping plants in the City, : 1;:; :::: i It was pointed out that the City had contributed towards i ::; : these other plants due to the fact that these funds would : ::;! i be recovered by the City as there were outlying areas i ::@I
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1 1,!1 I i The Council was advised that the estimated cost of the ! : pumping lant is $8,735.00 and if the City were to con- i i tribute 1 B 2 of this cost, it would amount to $4,362.50, I I I I I I
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:Ill (!!I i The City Attorney stated that due to the fact that there i : were only three members of the Council present, and i i that one member was going to abstain, the hearing should i 1:;a : be continued, By motion of the Council the hearing as i Sonneman :x i : xi : ordered by Resolution of Intention No. 624 was continued ; Ledgerwooq : i xi : to March 1, 1960 at 7: 30 P, M, in the Council Chambers, I McPherson: !XI x:
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t : PLANNING:
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1 4 I l a, Res, #I49 of the Planning Commission - re I I i Resolution of Zneention f627 of the City Council to reclass! : ify certain properties from Zone R-1 to Zone 8-3. The ; ; resolution from the planning Commission was read where! : in they denied the request for rezoning the easterly 200 f i feet of Tax Assessor's Parcels No, 10 and 11, Assessorf$ : Map Book 35, Page 35 of San Diego County, said property: i lying on the west side of Roosevelt Street between Chestn9 : Ave, and Magnolia Ave., for the following reasons: I 1
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I I 1, This reclassification would adversely affect i
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I I the comprehensive general plan as it would not be i
I consistent with the future development of the sur- I I
I rounding area; and I
I 2, Two property owners out of the three involved i
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were not in favor of the rezoning, I I I I
I I ! The City Attorney advised the Council that under their i i Resolution of Intention #627 they were the applicant; the : ; fact that the .Planning Commission field a hearing and i i denied the request, the matter is dead; however, if the :
I Council so desired they could appeal the decision of the i 9 : Planning Comaission. * 1 I 1 t I 8 I I I
I I i Cwn. Sonneman stated this property fronts on a good : street and all utilities are in, therefore, she felt the i property lends itself to R-3 zoning. The Council should :
t take into consideration the valuation of other properties I i in the area, The area has been discussed for industrial j : zoning, She further stated that even if this 200' were i : rezoned to R-3, there would still be sufficient area to the! i west that could be rezoned industrial, and if the entire :
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I area were to be rezoned for industry there would be many: {It:
Ii'1 i protests fro& the surrounding property owners. Cwn, i i::; : Sonneman moved that the decision of the Planning Corn- : 4:: I mission be appealed and that a hearing be set. The motiob :Ill 4;: : died for lack of a second, as Mr. McPherson stated he : ::;I i felt the Planning Commission had made a thorough study 1 lull
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I I I 1 @l!l i Cwn, Sonneman stated that she did not feel this was right i ; and would like to go on record as so stating, I I I I !
t I b. Memo - Planning Commission's reconsideration : i of Mr. Koyl's request for reclassification, The City 1 I : Council requested themanning Commission to reconsider: I their decision on this matter at the time the above matter : i was being considered. Memorandum from the Planning i : Commission dated February 11, 1960, stating that after : i considerable deliberation it was the opinion of the Corn- i : mission that their former position was well taken and : i that the zone change should be denied. They pointed out i : that a committee of the Planning Commission is working f i on a plan for the development of the entire area, in view 1
f of the fact that there has been no overall plan submitted, t
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I 1 The City Manager informed the Council that Mr. Koyl i I i:
i had called him late today, and requested the matter be i ,:'I 11*1
; continued for two weeks. By motion of the Council Mr. : SOMeman k i :X: ;a
i Koylrs request was granted and tie matter continued for I Ledgerwood ; ;si
f two weeks, i. e,, March 1, 1960. 8 McPherson : i xi XI
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! I. I I I I I cc Memo - Sidewalks in Subdivisions. Memorandum 1 i from theTlanning Commission dated February 11, 1960, : : stating a great deal of discussion was given to the subject I i of sidewalk requirements in subdivisions, and it was I : concluded that the present Ordinance No. 9050, Article i I IV, Section 417 (e) is adequate, A motion was duly made i I and passed, respectfully requesting the City Cowncil to : ; make a statement of policy requiring sidewalks in all # i subdivisions on the recommendation of the City Engineer ! : and the Planning Commission. The City ,Manager recom- I i mended.that sidewalks should be required in subdivisions ; : where lots contain less than 15,000 square feet, or the I i topographical conditions, i, e,, Hillside areas, would I I : make sidewalks unfeasible. It was felt this might create i i a problem as some lots in an area might not be dll the : : same width, I I
I Commissioner Stringer of the Planning Commission stated I that it was the understanding of the Planning Commission i I all subdivisions would be required to have sidewalks, I i except under certain conditions, such as topographical i i conditions, then a recommendation would be made by the : : Engineering Department and the Planning Commission. i
I DONALD BRIGGS, JR. , was present and informed fhe f : Council he would be presenting a tentative map of a I i subdivision at the next meeting of the Planning Commissiib, i and would appreciate having a decision reached in regards: : to the requirement of sidewalks in subdivisions, The i i property being subdivided is located in a canyon, and the : : topography of the -land would make it difficult to construct i i sidewalks, Mr. Briggs was informed this condition I I : would be considered at the time the map was being con- I i sidered. I I
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I ! I The City Engineer stated he was not very much in favor i i of requiring sidewalks for subdivisions unless they were i I located within a certain radius of schools,
i After considerable deliberation by the Council it was
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:!El ! agreed that a policy should be established. By motion of ! Sonneman 'x i i xi ! the Council it was agreed that a policy be established I Ledgeswoocf i :x: : requiring sidewalks in all subdivisions, ! McPherson ; : xi x!
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I I a. Petition €or alley opening, A petition has been i ::i;
I received for an alley opening running from Chestnut Ave. i :::: :;:I : to Magnolia Ave. , between Ruosevelt Street and Madison : ' )::: I Street, The Council was advised the petition does not i $11 l*:; ; indicate whether improvements are to be made or not; ; :i'1 i it covers only a street opening, of which 56.9% of the i :: : people in the area are in favor of the street opening, ::;;
I f::; : Previously when such a request has been made to the t I i::: : Council, before the Council would consent to a street I 1 1;;1 I opening, improvements were required. It was the feeling: :;I: :;I: I of the Council a petition should be circulated for the im- : 11;: ; provement of tk alley before any decision is made by the I i::: i Council, By motion of the Council it was agreed that a : I:;#
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: petition for the improvements of the alley under the 191 1 i f:;;
1 Act be circulated for the alley, and that it be presented : Sonneman :x ; :xi :;;I
; to the Council prior to any decision by the Council for a i Ledgerwood i :x: i street opening. : McPherson i ix:xi
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I 1 ! I' i NEW BUSINESS
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b a. Proclamation. The Mayor declared the month of :
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t I a, A second reading was given the following ordinanc$s: :;::
14;: ::;; 1 Ordinance No, 3038. AN ORDINANCE OF THE CITY 1 I:::
: -WDING ORDINANCE NO, 3005, ::;I I :;': i OF THE CITY OF CARLSBAD, BY ADDING SECTION i i;;; : 83,2, REQUIRING CERTAIN TRAFFIC 'TO STOP AT : Sonneman Sr ; :xi i DESIGNATED INTERSECTIONS, was adopted by title ! Ledgerwood i ;x: i only. : McPherson: :x:%:
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I b. Ordinance No, 7026, AN ORDINANCE OF THE i :::I
! CITY 0 I::! -PEALING ORDINANCE NO. i Sonneman 1 ixix: I 7022, Wp~~$Rk!~A%~b€?OR CERTAIN SEWER : Ledgerwood ; :xi : SERVICE CHAELGES, was adopted by title only. i McPherson :xi i x:
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i;'~ 11 :;:I i February as "American History Month", as requested by i 811 i the Daughters of the American Revolution, 1
i OLD BUSINESS:
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1 I cb Ordinance No. 7027. AN ORDINANCE OF THE i i CITY 0-G AND ESTABLISHING I I : CHARGES FOR SZRVICES AND FACILITIES FURNISH- I : ED BY THE CITY SEWEBAGE SYSTEM; AND PRO- : ! VIDING FOR THE COLLECTION OF SAID CHARGES, i i was adopted by We only, I I I i CITY ATTORNEY'S REPORT:
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l a. Mail of elective officers, Recent legislation has i i made it a felony to open any official's mail without the : : written consent of the official. The genera3 concensus i 1 is that this would also apply to appointive and administra- : :ti=. officials. I€ they desire to have their mail opened i i by someone else, the authorization must be ha writing. :
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I b, Off-duty Police Officers. The Council was infor&- ;ll~l
1;::: I ed that at the present time any?olice Gfflcer a'&ir&iLhi4 i:;:: i capacity any place in the State ' is. fully covered under : ;:::I : liability insurance carried by the City, unless the City : 1:;:;
i has an ordinance to the contrary, The Council requested i ::::I i:;:; : the matter deferred. I I 1:;:;
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I I b. Formation of drainage district. At the previous i i meeting the City Alkorney was instructed to investigate :
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i as to whether a drainage district could be forced. Upon i : investigation, under the 1921 Act you could not proceed ; i with the formation of a district without the consent of the i :ti;
:::I : majority of the property owners. However, under the : :.i i :t i 191 1 Act the Council could proceed without the consent : :::i : of a rnajority of the property Owners by a 415th~ vote of i :::; i the Council.
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i Cwn. Sonneman stated the drainage ditch being constructeb i::: : along the railroad was frightening; she did not Cealize it : 1::: i::: i was going to be so large and deep, She felt that funds i 111 : should definitely be provided in the next budget to have : ::;:
::;I i the ditch fenced, I I I::!
i reviewed a letter from Michie City Publications Co. dated :::I :::: i September 29, 1959, in which they requested additional i i;:;
I compensation for their services in connection with the : I*:! I codification in the amount of $500.00, due to the delay in i ::;:
I the completion of the codification and the additional ordi- : :;I;
:I:* i nances involved. Also in accordance with the contract i :I:: i they were to receive $6.00 per page for pages in excesa : :@I:
: of 210, and they would like to have authority to charge i 4::
:::I i $7.00 per page in excess of 210. pages. After discussion : ::I:
: by the Council it was agreed that the City Attorney corn- i ::;:
I municate with Michie City publications Co. and inquire : ::#I ;:::
; as to the nwnber of pages they estimate there will be, I I ::;:
I ii::
i CITY MANAGEB'S REPQRT I I ;;::
I I 1 i:i:
l a. Schwabacher & Co. report. A contract has been i ;if: ;:I: i received from Schwabacher & Co, for the preparation of i k::: : the sale of the water revenue bonds, and it is necessary ; :II;
i for $he Council to authorize the Mayor's signature on said: ;::I
1:;: : contract. By motion of the Council authorization was givq Ill:
:::I i for the Mayor to execute said contract on behalf of the I Sonneman {x i ;xi
t City, ; Ledgerwood : !xi
I 9 i McPherson i ;XI x:
I 'I)( i Display of Red Cross flags, A request has been received I ii::
i by the Chairman of the Red Cross in this area for per- : :;;:
: .mission to display flags in the downtown area during the i ;l:a ;:;: i month Q€ March. The City Manager inquired of the I 1 :;;: ; Council as to their policy in such matters as this, I 8 I:;!
I t :::I
I fill; i The Mayor stated that he had received a complaint as to : :::I
: the lack of flags being displayed on National Holidays. It ! ::;I
:@I; i was pointed out that at one time the business people in I :I,,, ~::ll i the downtown area contributed funds to the VFW, who : ::*::
I arranged €or the display of flags on National Holidays, i 1:::;
I The CiQ Manager was instructed to contact the Chamber : ::;I:
::::I 'I ; of Commerce to see who might be responsible for the i @I 1:::: i display of flags. I I :I::I
I 1 I:;:; ! Cwn, S~meman asked what is being done about the water ! :i:i; : filteration. The City Engineer advised the Council the : i:ii; i Engineering Department is working on plans, however, : ::::1 : at the present time there are no funds available to proceed l::l;
i with the work, :;: !I
I 1 1;;
i Cmn, McPherson asked when they were going to start ! : work on Chestnut Avenue. The Council was advised that I ,;I
I the Engineering Department. was working on the grades : ':;I1 : etc, , but due to the volume of work in the Ehgineering i :;;::
i Department, they have been unable to devote too much : 1:;::
: time to the project. I :ii::
I i:: :: i PAYMENT OF BILLS ANI) RATIFICATION OF PAYRO4L: :;:::
114;
I 4::; t Authorization was given for the payment of bills for the i i;:;; i general expenses of the City in the amount of $9,557.72, : ;Ill, :;;::
I 1 I t I:::!
I I I I :;:::
I I I I ;:::I 81
I
I * t I I $ ;+ d, Codification of ordinances. The City Attorney i 18
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'"""""""""""""""""""""""""""~~~""~""~"""""~, !' I I i and the Water Department in the amount of $2,464.89, i I from February 2, 1960 to February 16, 1960, as certified! i by the Director of Finance and approved by the Auditing : I Ctmmittee. 1 1 I i Ratification of the payroll was given for the first half of : I ! February, 1960, in the amount of $12,761.07, as certified : by the Direc4hr of Finance and approved by the Auditing r I Committee,
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1 I
I i ADJOURNM,ENT:
1 I I I 1
I I I i By proper motion the meeting was adjourned at 9:40 P. M, !
I I I I I
1 b 1 : Respectfully submitted, I I
1
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I I I I I I 1 MARGARET E. ADAMS : Deputy City Clerk
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