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0 <br />r! <br />1 <br />been called to the attention of the city that the bulkhead is in need of repair, <br />that the city assumes no responsibility, that it understands there Is a disagree- <br />ment s.s to the responsibility, and if Mr. Steinegger does not fix the'bui$head, <br />the city will take it away. Councilman Armstrong was of the opinion that the <br />agreement was primarily a permit to put a bulkhead in a place where it would not <br />ordinarily have been permissible and did not see where any owner incurred any <br />liability that would not exist otherwise. City Attorney McCarthy was of the <br />opinion that the city had the right to c all on sordeone to reconstruct the bulk- <br />head and inasmuch as the F.H.A. required Mr. Steinegger to build this -bulkhead <br />before granting him a loan, he believed that it was Mr. Steinegger's responsi- <br />bility to repair it inasmuch as no other agreement could be found. He also <br />stated that there had been a bulkhead in the same position before this bulkhead <br />was built. Mr. Steinegger appeared before the council stating that there had <br />hot been another bulkhead there and that he was still of the opinion that Mr. <br />Heins had signed an agreement agreeing to maintain the present one. Councilman <br />Anderson stated heCdid not believe the city was concerned in the matter at all. <br />Councilman Anderson moved that the City Manager be instructed to -contact the <br />present owner and inform him <br />of the conditions of <br />the agreement which <br />was entered <br />into between the city and Mr. <br />Steinegger of which <br />he purportedly was <br />a party, and <br />that the present condition has been called to the city's attention, that the city <br />has not as yet fully determined what action to t ake in the matter but that it has <br />been called to the city's attention that the bulkhead is in a dangerous condition; <br />that if the city elects to remove the bulkhead, it is within its rights to do so <br />without replacing.it. In any event, a condition has arisen which requires con- <br />,sultation with the present owner and he is requested to contact the�city manager <br />within a reasonable length of time not to exceed two weeks so that the city may <br />make a solution to the problem. Councilman Britschgi believed the F. H. A. <br />should also be"notified. Councilman Anderson added to his motion that the F. H.A. <br />should also be notified that the city has been advised that the temporary bulk-. <br />head was built, by Mr. Steinegger to meet F. H. A. requirements and that a copy <br />of the letter to the present owner be sent to F. H. A. and to Mre Steinegger. <br />Councilman. Fletcher seconded the motion. Motion passed with Councilman Britschgi <br />voting in the negative. <br />Councilman Britschgi did not believe the city department head should enter into any <br />agreements «Bich bind the. city without the knowledge of the city manager and be- <br />lieved the city manager should remind the city department heads not to enter into <br />any such agreements. Councilman Anderson stated that the department heads have <br />the right to enter into such agreements in all matters other than those specifically <br />reserved by the Charter to the City Council. City Attorney McCarthy.stated that <br />I <br />department heads have the right to enter into agreements pertaining to routine <br />matters and stated there was nothing binding to the city in the agreement per- <br />taining to the bulkhead. <br />Mayor Hilton asked if it was not necessary to have the agreement recorded to which <br />City Attorney McCarthy replied that it could be recorded and asked if Mr. Steinegger <br />