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Q� ract. was made v�i�haut, deduc�i.on for any of +he item�� on acc�l:nt due the Cit�r frcm Thomas Company. The City Cotlec±or�s office biZled Thomas Company unti.� Au�;ust of 1_9�3. In Decemher� 1.9�3, the Cit,y �ngineer wrote the Thomas Company� copy to City Attorney� demanding pay�:sent. mY:is appears to have been the last effort at coll.ection i:hat was made. ' Final �cceptance of t,he work without dEduction for claims amo�.;nts ta a stipula�icn tt�a� the contract �ras ', performed ZIl accorcjance :vzth its terms as to all items of which we then had knc�rledge. Certainly trais ' would be inconsistent wit}� an action far a breach of contract. . ' ° �Tr.is heing a written contract, tY�e statute of lamita�;iuns did not run unti.I January� 1957. The st�atute of =; limitations ncsw ha�nng r�ir, the claim as pr�sently uncollectable� regar�less 4�' the merit:�. �r,� Or_. the bas�.s of the al�ove report, it is the recorrunenciation of th� City Attorney that al.� three claims be removed from the records of the City as legally enforceable. It is �also reconunended by the City� Attorney that in the event of damage to �ny Citg property caused by the act of a third party� an im�.ediate ��ritten report� eontaining complete inforr,iation of the reZevant facts� � ' �� bA made na later than tenchys after the occurrence, so that in the event that a valid c]aim in favor of the City is present� evidencc v�ill be availabl.e at the time l.egal ac+.,ion is founcl ta �e necessary to enforce the same. This office has es+�blished this procedure with the Police Department in connection �rith a� accident involving motor vehicles. The same reporting procedure sricnzld be fol.l.owed by all depart•r?�ents. Councilm�n �pillers maved appraval of the �ity Attorneyts recommendations� secor.ded by Coune�.].m,an VPeiss who asked that the maker of the motion include in the motion that the City Manager set up the necessary machinery ta see that this is compled wit}i. 'i�is was �ncludcd in the motion which earried. CITY AUDITQft REPORT ON PORTIOiJ OF I,OT 8� BLOCK 13� RANGE D� MEZESVILLE� adjoinin� Kemple praperty on Fiawland Avenue. The Clerk read the letter which reads in part as follavPS= ......... The County records shaw it as ha?ting been sold to the State for Delinquent �axes. C�ur records shax no taxes as having been paid since 1928. At the Council meeting of FeT�uary 27, 1956� there was a repart of the City Manager an�1. the then City At— �� torney� C. Currie� which reads as follows: �� City Attorney Currie reported that I,ot 8 ownership is vested in the 1�2acy heirs and they have been oomers since 1927� the taxes having been delinquent all this time. The City has no possessory right whatsoever �_n this property. ' I am also in receipt of a letter from the County T� Collector�s Office relative to some de linquent parceZs . wh�.ch the Ex�i.neer�s office expressed an interest in, and which th� County would li.ke to have c]�eared up. , Councilman Weiss asked if any of this property �ras involved in the proposed plan lines of Industrial Way extension. City Assessc�r Brop�,r said that it v�ras involved. Couneilman ti'Peiss moved that this be referred , to the City Manager to see what the proper gr�cedure is to obtain title� seconded by Councilman Spi11e rs and carried. Acting W.ayor Herkner reminded the Council of the letter from the County Tax Collector relative to the delin— quent parcels. It was the general opis�ion of the Council that t,he City A�ianager should c ansider this as a part of the motion that was just passed� and he was asked to check this list alsa. SIDF�PTALK COP:�TTEE REPOR�. The Clerk read the follonring report: The Council appointed Sidewalk Comrait;tee met �ctcber 2 to consider requests far� extension of time on side— vralk notices issued by the Cit,y Engineer�s office� and the committee wishes, to make the follo�vving recom— r,.endations: NOTICE NOTICE �IORK ONiNER'S NAl� � NU�I�IDER DATE ,LOCATI0P1 _ AT1U ADDRFSS COn�?MITTEE RECONIMENDATION 1t79 7/$/57 Ptn.Lot 1� Blk. C� �"ary Jakenovi.ch On�mer to repair sidewa�.k ad�acent Vera Avenue Villa.s 2 Clinton Caurt� R.C. � to lot. City to repa.ir driveway ad3acent to P.G.BcE.CO. easement� as ownership of easement and pri�- ' ate alley cannot be deterrna.ned� according to City Attorney and City Assessor. K1.6 ?/23/57 Lots ?,8�&9�Blk.11t� Sam Schil].aci� etal Range B� Mezesville 2031 Bre�nrster, R.C. F�:tension to Jan. 6� 1958 551 8/9,57 Lot 12, Blk. Zl, Leatha H. Wi7.son Range D� I�ezesville 1526 Georgette Drive Extension to Dec. 2� 1957 San Jose - �.�.. ..�..t.w,��.,:,�.�:��.��.�,,. ,_..� . _ ,,,.,,�.. �,x.,��, - -�.... , _ ..rw._ ...�.,� . ��__