HomeMy WebLinkAbout1965-03-16; City Council; MinutesI I ; *. -, -\, '\ ! CITY OF CARLSBAD i Minutes of: CITY CO:upJCIL (Regular Meeting) i ', \ '. ', '\ '
: Date of Meeting: March 16, 1965 ; Name 't, ' t '.
i Time of Meeting: 7:OC F. Me : of '{ :"""""""-""" ' Place of Meetitre '"""""""""""""""""""""""""*~""""~"". Council Chambers : Member
i &OLL CALL was answered by Councilmen Atkinson, : Dunne, Neiswender and Jardine. Councilmah Hughes was: i absent. Also present were City Manager Mamaux, City : ; Attorney Wilson and City Clerk Adams. 1
: INVOCATION was offered by Rev, Andrew D. Milstead i i of St. Michael's Episcopal Church.
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i APPROVAL CF MINUTES:
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1 I I I I 1 I I I i tal Minutes of the regular meeting of March 2, 1965, werg Atkinson : approved as submitted. : Dunne
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: (b) Minutes of the adjourned regular meeting of March 8, : Atkinson i 1965, were approved its submitted. i Dunne
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I i Jardine ! I i CCBSESPONDENCE: *- I
1 I I I ! i (a) dequest for waiver of street improvements - Martin i i and Vina S. Hankins. Letter dated=ch 15, 1965, re- I ; questing waiver of street improvements on Lot 21, ail- ; I Sonia Tract, in connection with a lot split, from Martin : : and Vina S. Hankins, was presented. I
: Mayor Neiswender requested the matter turned over to th4 i staff for study and recommendation. +
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I I I I i (b) Confirmation by prospective developers of intention to i : proceed witfi"x. Letter dater ; i March 10, 1865, Krnz- Vice Resident of i : The May Department Stores Company, addressed to the i I City Manager, was presented stating it was a real pleasur$ : to send the fully executed confirmation by the prospective : I developers of their intention to proceed in accordance i : with the City's letter of March 8, 1965. Also that it had : i been most pleasant working with the City Manager, Mayor: : Neiswender and associates. I I
: The Mayor presented a letter to the City of Carlsbad, at- : ! tention of Mayor Neiswender, in reply to the City's letter i
! I of March 8, 1965, confirming the intention of the develop-;
; erst to proceed in accordance with the City's letter, to I i work out the details of the transaction outlined, and to I ; enter into the same at the proper time. The letter was : i signed by The May Stores Shopping Centers, Inc., F'AVbC($ : a partnership, flarry J. L. Frank, Jr. and Bernard I I Citron.
i (c) Letter of congratulations - Carlsbad Chamber of Corn-: : merce. Letter dated March 11, 1965, from Tony Howard- ! Jones, President of the Carlsbad Chamber of Commerce, ! : extending congratulations to the legislative and executive : i departments of the City of Carlsbad in their illustrious i : achievement in obtaining the May Company Shopping Cen- ; i ter, and tendering the cooperation of the Chamber of Comf : mercels Board of Directors in any acquaintance deemed ; i relative or proper.
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I I I I I I i QML COMMUNICATIONS:
t i There Were no oral communications.
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i (a) 1911 Act Proceedings for "Terramar Sewer District': I : A. D. 2-1964. The Engineering Department presented th$ i plans amassessment diagram, showing the boundaries ; i of the proposed district. Mr. Thornton, Assistant Engi- { : neer informed the Council all the properties within the :
i exception of one lot. This lot will have to have a residenti i pump. In order to serve this lot it would necessitate i : dropping the entire line approximately 3 1/2 feet, which .: I would cost an additional $4,000 and the Engineering De- i : partment could see no justification for the added cost to : i the district.
i After consideration by the Council the following resolutio*
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: Resolution No. 11 16. A RESGLUTION OF T%E CITY : Atkinson i EUNCIL GmmITY OF CARLSBAD, i3ESCINDING i Dunne I iZESOLUTIQN NG. 1062 OF THE CITY OF CARLSBAD, : Neiswende i AND APPOINTING ENGINEER AND FIXING CBMBENSA- i Jardine : TION, for proposed Assessment District No. 2-1964, was: I adopted by title only and further reading waived. I
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i boundaries of the proposed district would benefit with the i
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4 I I i Resolution No. 11 17. A- RESCLUTION OF TXE CITY ; Atkinson ,' COUNCIL CF T3E CITY OF CA.RLSBA.D, AESCINBIMG : Dunne i LZESCLUTION NO. 1003 OF THE CITY OF CA3LSBA.D. ! Neiswende
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I AND DIRECTING PZEPAAATION OF PLAXS AND SPl?CI-i Jardine : FICATIONS AND DESIGNATIfbG ENGINEE.3 TO PSEFABE : PLANS, for proposed Assessment District No. 2-1964, i : was adopted by title only and further reading waived. 1 I
I The following letter from J. 33 Askew, M, B., Xealth I Officer of the City of Carlsbad was presented: I I
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1 March 19, 1964 i 1 * I : The Honorable Carlsbad City Council : P.O. Box 265 ! Carlsbad, California
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I I i Attention: Lowell A, Rathbun, City Engineer
4 ! i Gentlemen:
i My attention has been directed to the proposed construc- i : tion of certain sanitary sewers in the City of Carlsbad, I i County of San Diego, California. The territory to be ; 1 served by said sewerage facilities and to be benefited by : : such work is shown on a map prepared by the City Engi- i i neerls office, referred to as Terramar Sewer District in I : the City of Carlsbad. I I
I I have examined generally the above area and map of the i i assessment district. I have also made, or caused to be i : made, an investigation of said territory. This investiga- : i tion reveals that the existing sewage facilities we general: : Sy %.cadequate and there is a need for, and the public I I i health requires, the construction of sewerage facilities to i ; serve this territory, I
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0 : Pursuant to your request and as Sealth Officer of the City ! i of Carlsbad, I find and recommend as follows: I I I I I I I i 1. That the construction of the sewerage facilities shown I i on the above mentioned map is necessary as i;. health ; measure. I I
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; sewers are necessary as a health measure. I
i 3. That proceedings for the construction of said sanitary i i sewers under the 1911 Improvement Act are necessary : ; as a health measure. I
I 4, That 1, 2 and 3 above are all necessary as a health i i measure.
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$ I I I I I Very truly yoursI i
b I J, B. ASKEW, M. Di
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I Health Cfficer of t I JBA: E : er the City of Carlsbai
i The following resolutions were presented:
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I I 1 ltesolution No, 11i 8, A WESCLUTIBN OF Ti33 CITY i Atkinson : VF TXE CITY CF CAi%LSBAD, APIPRGVING ; Dunne i CPINIQNS AND FINDING @F HEALTH OFFICER, AND i Neiswende : OLZDERING OPINION CF SEALTH OFFICE& SPSEAD : Jardine i UPCN THE MINUTES for Proposed Assessment District I : No. 2- 1964, was adopted by title only and further reading : J waived. I
i Resolution No. 11 19. A 3ESOLUTIQN OF TIE CITY i Atkinson i mImmTY CF CABLSBAD APPKVING : Dunne : PLAT OF ASSESSMENT DISTRICT, DETEL2Nil?XING THE \ Neiswende i NATURE, LOCATION AND EXTENT OF TEE FRGFOSED: Jardine
i FICA-TICTNS for proposed A-ssessment District No. 2-1964; : was adopted by title only and further reading waived. I I
! desolution No. 1123. A RESOLUTION OF THE CITY i Atkinson : "F-TY rYF CARLSBAD, CALIFCiiNIA, : Dunne
I TICM OF CERTAIN SANITABY SElhEERS AND APPURTEN: Jardine : ANCES AND -ATENANT WORK IN SAID CITY: DE- : I CLARING THE WOi3,K TG BE 6F MOLZE Ti3A.N LOCAL i : Oil CHDINARY PUBLIC BENEFIT: DESCiZIBING THE : i DISTRICT TO BE BENEFITED BY SAID VWdK AND TG i : BE ASSESSED TO PAY TIB3 CCST AND EXPENSE I i TiIEAEQF: DETEAMINING THAT BCNDS SSALL BE
i ISSUED TO AEPRESENT RSSESSMEXTS T@ BE LEVIED: ! i AND FIXING THE TIME AND PLACE 3'02 SEALZING : P3CTESTS AND CBJECTIGNS TO SAID WORK 08 T9E * i EXTENT OF TXE DISTAIZ!T TO BE ASSESSED, 03 BCT4 : AND GIVING NOTICE TZEdECF, for Assessment Dis- ; i trict No,, 201964, was adopted by title only and further I I reading waived. 8 I
: Resolution No. 1121. A RESCLUTION OF TSE CITY : Atkinson I COUNCIL CF TI-PE: CITY OF CARLSBAD, DETERMINING i Dunne
; "JAGES, for Assessment District No. 2-1964, was adopt-: Jardine i ed by title only further reading waived. * I
i The Council was informed the City has been negotiating :
I with some of the property owners for pipe line easements,: i and three have been received, two from William C. and i : Carla E. Hind, and one from Pacific Investment Co.
I By motion of the Council easements from William C. and i Atkinson i Carla B. Hind and Pacific Investment Co. were accepted : Dunne : and the City Clerk ordered to record the same. i Neiswende
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: IMPROVEMENT, AND APPdCVING PLANS AND SPECI- :
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i DECLARING ITS IBTENTIGN TO ORDEii T3E CLNSTRUC-Neiswende
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i T~E GENERAL P~EVALEING um OF PE~ QIEM : Neiswende
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I i Member i Also it has been necessary to obtain a Pipe Line License i : from the Atchison, Topeka and Santa Fe Railway Co. to : i cross the right of way in the Terramar area.
I By motion of the Council authorization was given Mayor i Atkinson i Neiswender to execute the Pipe Line License on behalf of: Dunne i the City of Carlsbad. i Neiswendc
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i PLANNING:
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1 I (a) Memorandurn from Planning Commission regarding : i policy on sidewalks. At the previous meeting of the
: a study be made as to the City's Policy on sidewalk loca- ; i tion. At that time it was agreed that this matter be re- I : €erred to the Planning Commission for study. I
: Memorandum dated March 11, 1965, from the Planning ! i Commission was presented, stating they felt that a chang$ ; in City Policy allowing the placement of sidewalk next to : i curb, as outlined in the City Engineer's report would be i : beneficial. I
: Discussion was given as to the hazard of the depressed : I area for driveways.
i The Engineering Department stated they have changed the i : roll down from 18" to 5", and this has taken away the : i hazard. It was also pointed out the property owners are { i objecting to the care of the parkway, and the fact the city ;
! is requilring underground utilities the Engineering Depart-; I i ment would like to have the sidewalk contiguous to the : ; curb and the parkway extending from sidewalk to property: ; line. I
i After further consideration, Mayor Neiswender requested I : this matter deferred, in order for the Parks and Becrea- ; I tion Commission to make their recommendation. I !
I_ I I ; I Council the Engineering Department recommended that i
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I i MEW BUSINESS:
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I I & I 1 1 I i (a) Request for use of trailer for storage of books - I Carlsbad Library Board of Trustees. Letter dated Marc6 ; :Board of Trustees, i : stating by a unanimous decision of the Board it was agreed i that a recommendation be presented to the Council for ! ; action to have funds in the amount of $650.00 allotted to :
: provide space for approximately 1, 500 books, relieving to; I some degree the present condition of books in paper boxes! ; and under tables. It was further requested that if their : I recommendation is approved, that necessary action be : I taken to permit the parking of the trailer on the south side! : of the adult library near the rear exit.
i The City Manager informed the Council funds could be I ! transferred from unappropriated funds to the Library Fun+
i By motion of the Council the request was granted 2nd authf Atkinson { orization was given for the transfer of funds to the LibrarXBunne
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: t purchase and equip a cottage trailer for library use to i
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t I Jardine t I i (b) First reading of Crdinance #6038, makingunlawful the i i entry onto private property without request for purpose of :
: have been discussed while he was on vacation. He in- !
i selling. Cmn, Dunne stated this mp-Gmust!
! quired as to whether or not the city receives many calls ! i concerning solicitors.
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0 a 1 !The City Manager stated the Police Department does re- : jceive many calls.
:The following ordinance was presented: a
icrdinance No. 6038. AN S8DINANCE MAKING UNLAViFUfAtkinson fmLmTmNTPNVATE PROPE%TT'41, "%ITSOUT &E -I Dunne jOUEST, FO& TBE PUdPCSE CF SELLING, ET@., was @@iswendel :given a first reading. 'Jardine
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kc) Proclamation - "DeAidolay Vteek". The Mayor proclaim-! ied the week of March 14-21, 1965 as "DeMolay VJeek".
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lp .. :uLD BUSINESS: < I
I I I I 1 !(a) Appeal on reclassification of "South Carlsbad Annexa- i Ition NO. 1.5". Cmn. Dunne stax I :over at his request, awaiting the report from the citizens : !committee. After reviewing the report he has not changed i $is mind and that the zoning should be compatible with its : present u.se, for the following reasons: I
: 1. The present uses of the subject property is the best:
;necessary in order to allow continuance of said uses.
i 2. Any different zoning which may be considered in i ihe future will have to base its justification therefore on i bhanged economic conditions.
i 3. Public necessity, convenience and general welfare i Fequire tihat the requested rezoning be granted. I
:The following resolution was presented: <
3,esolution No, 11 12. A 3ZSCLUTION OF T3E CITY :Atkinson ~UNCIII, OF T-EE CITY .GF CARLSBAD, GUNTING THE iDunne &PPEAL FOK 8ECLASSIFICATICN ON P2iOFEZET'Y DE- : Neiswende: BCnIBED AS "SGUTH CRRLSBAD ANNEXATISN NC. 1.5",vardine PN THE CITY CF SAilLSBAD, F3CM ZONE it-1 TO ZONE i C-M AND "MI' was adopted by title only and further read- : Fng waived, I !
!The following ordinance was presented for a first reading: i
:Ordinance No. 9175. AN GBEINANCE GF TBE CITY OF 9tkinson :-BAD AMENDTNG CdDINANCE. NO. 9-368, CHANG - Dunne jING CERTAIN DESIGNATED PZGPERTY FBCzNI ZGNE Beiswendel
Zt-1 TC Z GNE C-M AND "I"', was given a first reading byyardine :title only and further reading waived.
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be at the present time, and the requested rezoning is , I 4
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9 8 ! i(b) Approval of second amendment to Basic Agreem,ent - i :Joint Sewer Project. Cm. Dunne stated he has reviewed i ithe amendment and finds it to be satisfactory. This amend? :merit will extend the Carlsbad service area to include the i $atiquitos area and La Costa area.
;The following resolution was presented:
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&x+dution No. 11 14. a &ESCLUTION CF TXE CITY fitkinson jCSUNCIL OF TaE CITY 8F CARLSBA.D APPRCVING ANDpunne LWdEEING TO SECCND P-mmMENT TG BASIC AGREE- Neiswender $KENT BETWEEN VISTA SANITATICN DISTNCT AND THQardine
!TEN OF A JOINT SEWEi'1 SYSTEM, AND AiJTl5GiZIZING i MA-YOR TC EXECUTE ALL I\JECESSARY DOCUMENTS, : :was adopted by title only and further reading waived.
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0 CITY OF CARLSBAD F0.S ACCUISITIBN AND CCNSTRUC-:
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0 i (c) Second reading of Ordinance #6139, regarding Wheel !
t Tax. The following ordinance was presented for a second i jXng: I I 1
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isrdinance No. 6039. AN CXXNANCE OF TEIE CITY OF !Atkinson : CABLSBAD AMENDING SECTION 52 OF O+XDINANCE NO. lDunne i6005 REGARDING WHEEL TAX was given a second read- :Neiswende :ing by title only and further reading waived. i Jardine
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IGITY ATTGRNEY 'S REPCiZT:
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! The City Attorney requested an executive session to dis- i i cuss a matter concerning possible litigation. I I
i The NXayor called an executive session and the Council ad-: I journed to the adjoining room of the Council Chambers at ;
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i The Council meeting reconvened at 9:52 P. M. The Mayor i :announced the Council discussed a matter concerning pos- ; i sible litigation, however, no action was taken.
i Agua Hedionda Lagoon - re: 3ydro Construction eo. A ! idraft of cn agreement is being prepared and it should be : :ready for the next Council meeting. In the meantime the I icontractor has agreed to start work again. I I
i Cmn. Atkinson stated he was concerned about the property: :owners along the lagoon who depend upon the summer I I season for their livelihood.
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I I I ! I i Proposed Third Supplement to the Basic Agreement admit-: :ting San Marcos to tfie Joint Sewer System. The City Man: Iager presented the proposed Third Supplement to the Easid !Agreement which would admit San Marcos to the Joint I !§ewer System. I
i Cmn. Dunne stated tile proposed supplement has been dis- i
i cussed, and the City Engineer recommends that the supple: jrnent be approved subject to certain provisions. The City i i would like to obtain capacity in the San Marcos Sutfall on ; ;terms that would be no more stringent than the terms jwhereby San Marcos rents capacity in Euena's Encina Out-!
:fall. Also that a provision be made that a nominal fee be i :paid to each member of the Joint Advisory Committee at- ; !tending the meetings not to exceed $25. 00 per month.
: The following resolution was presented:
:&esolution No. 1124. A ZESCLUTION OF 'IHE CITY !Atkinson :COUNCIL CF Tal3 CITY @F CARLSBAD APPi30VING ANDrDunne
IAG3EEING TO THIiED SUPPLENI[ENT TO BASIC AGREE- iNeiswendej
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I * MENT BETWEEN VISTA SANITA.TICN DISTAICT AND :Jardine I THE CITY OF CAiiLSBAD FCR ACGUISITICN ArJIT CGN- i iSTitT3CTIioN OF A JOINT SE'AEZ SYSTEM, AND AUTH- ! :OKIZING MAYOR T6 EXECUTE ALL NECESSAi3Y I3CCU-i jMENTS, was adopted by title only and further reading :waived, subject to the provisions set forti? above.
I e I I t I I ! :CITY MAXAGEd'S REPCRT:
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:The City Manager informed the Council the Garlsbad !Board of Library Trustees unanimously appYGVed the §err$ :Regional Library System's Plan of Service, and recom- ; !mend that the City Council adopt a resolution authorizing i !cooperation with any and all public libraries in San Diego : ;County. Also that the City apply for State and Federal I :funds to cover the cost of the entire plan. I
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a i The following resolutions were presented for the Council's! i consideration: 1 I
i Hesolution No, 1122, A 3ESCLUTION OF TEE CITY i l A tkins on
i CBUNCIL GF TFiE CITY GF CAdLSBAD AUTMCdIZING j Dunne i AND DIRECTING THE CITY MANAGEit, IN COOFELU- i Neiswende: ; TIOM ViITES. THE CARLSBAD LIBi%ARY BOARD GF : Jardine i TRUSTEES, TO CGOPELUTE UITH ANY AM13 ALE PUB-i : LIC LIB3AAIES IN SAN DIEGC COUNTY FCR TEU3 PUR- : i PGSE GF fMP;ilQVING AND EXTENDING PUBLIC LIBR- I 1 ARY DEWLOPMENT ACT CF 1963; AND FUZtTl;;tE2 I t i AUJ'3GRI2ING AND DUiECTING SAID CITY MANAGER i I TO APPLY, ON BEHALF' CF THE CITY OF f2ABLS'BA.D : : FREE LIBnZARY FOR Ti3E ESTABLISHMENT GiaWT ANG I THE PER CAPITA GIWNT UNDER THE CALIFC3NIA ; STA'I'LE, PUBLIC LIB&A.RY DEVELGPMENT ACT, was i i adopted by title only and further reading waived. I I
! Resolution No. 1123. A BESGLUTION OF TiZ3 CITY : Atkinson
i AND DIRECTING THE CITY MANAGER, IN COCPEi3.A- iNeiswende~
I TEUSTEES, TO APPLY OM BEHALF OF TSZ CITY GF :
I FCa FEDERAL FUNDS UNDER THE LIBiiAdY SEaVICESi : AND CONSTRUCTIGN ACT, was adopted by title only and : I further reading waived. I
i City Planner, Crnn, Dume inquired as to whether any- i i thing had been done concerning the employment of a City : i Planner. He suggested that the gentlemarr recommended I :by the City Manager be made available for the members : i of the Planning Commission to meet. I
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I I m CITY CF CA.RLSBAD AUTiiG~&IZING IDunne
: TIGN WITEI rm CARLSBAD LIBRARY BOARD CF : Jardine
: CAXLSBAD F&EE LIBRAFLY FGIZ A PEK CAPITA GRANT:
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I I I i PAYMENT OF BILLS AND ZUTIFICATICN CF FA.Y~~GLL:!
1 I i Authorization was given for the payment of bills for the :Atkinson i general expenses of the City in the amount of $153,22S. 08 :Dunne : and for the Water Department in the amount of $9,168.26 INeiswendex i for the period March 2, 1965 to March 16, 1965, as certi-i Jardine : fied by the Finance Department and approved by the Audit-: i ing Committee. I I
i aatification of the payroll was given for the first half of :Atkinson ; March, 1965, in the amount of $18,237.35, as certified :Dunne i by the Finance Department and approved by the Auditing iNeiswender
! Committee. : Jar dine
:ADJCU&NMENT: I
: By proper motion the meeting was adjourned at 8: 00 P. M. !
: Respectfully submitted,
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I I I t I I I I 4 ! i ,/? , / .P i'f>,&/YA,J If f L /J&*,-:.4 i MA~~GASET E. ADAMS :City Clerk
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