BOOK 26_1955-11-28 to 1957-06-17

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S 6 6 i6 r CITY MANAGER REPORT ON MATTERS PENDING BEFORE THE COUNCIL. The Clerk read the report. The Mayor announced 0 that the Council will undertake to consider three of these matters a week until they complete the list. Councilman Weiss referred to item 5 of the City Manager's report and stated that Middlefield Road and Jefferson Avenue do not intersect at Bayshore. He then read the following prepared statement: There is no question but that the city managers response tm my statement of December 17, 1956, relative to matters pending before the council places the onus right wher it belongs. It should be remembered that in my calling attention to these items, I did not call or request the city managers comments, on the contrary I urged that vie the council take steps to dispose of them and clear our agenda of all unfinished business at the earliest practicable date. At this time I again call attention to the fact that the list in question is but a partial one and covers only some of the more important items. If desired I can furnish,the Mayor with an additional list of some 20 or more items that should also be cleared at an early date. It isimy thinking that this matter in its entirety should be handled by the council by meeting more frequently until such time as they are cleared from our agenda. Louis- 'Pleiss, Councilman The Mayor stated that the most important items will be taken care of first and he was of the opinion that the City had their own list of items on the tickler file and he did not think that Councilman Weiss would be required to furnish one also. Mr. Thomas Tuite, Jr. spoke about item 14 on the City Manager's report. He stated that he wanted to see an overall report from the City Manager on the parking lot and the information that he had previously asked for. This was followed by discussion. 9 Councilman Granger suggested that the Council appoint a committee to go over these items and decide which one would be considered first and the rest of the Council to abide by the Committees decision. It was the consensus of opinion that the Mayor would be allowed to set up his own list for consid- eration. CITY MANAGER REPORT ON CINNABAR MINING CONTRACT The Clerk read the report which was follmved by dis- cussion. The City Manager stated that an agreement should be made. The Mayor directed the City Manager to see that this was done. Councilman Weiss read the following prepared statement: Mr. Mayor and gentlemen - I have read the okay managers report a copy of which has been furnished each of us, I have also listened attentively .to its present reading. The imprtance of the question undoubtedly is appreciated by all of us. I am not an attorney, but I'have over the years had a great deal of experience with purchase agreements and various types of contracts and have learned that great care and caution must be exercised in their execution, especially where public funds and the public interest is involved. Naturally I am desireous of being very cautious in all such matters as a representative of the people. i 1 Some of the factors not covered in the city managers report, nor in my statement of December 17, 1956, but which facts I have been able to ascertain from Press clippings on civic matters that I have gathered over the years, I am able to state that bids were called for an received prior to October 1955, that before acceptance of the highest and most advantageous bid, the matter was referred to Council Cinnabar Committee for study and recommendation, that during such study one of the bidders was permitted to revise his proposal, that thereafter on or about October 31, 1955, the Council on the recommendation of the Cinnabar Committee accepted said revised bids ' as being the most favorable to the cities interests. In recent weeks it developed that notwithstanding the foregoing no formal agreement has subsequently been entered into, though apparantly such was the intent; furth it appears that the purpotedly successful bidder has not to date performed any activity under the purported agreement or award, that he has on December 17, 1956, through a representative indicated his willingness to have a formal agreement prepared and executed, stipulating certain conditions that may or may not have been a part of the of the original agreement. I No doubt there are many other factors involved, such as, apparent lack of records indicating specific details of original negotiations, it appears that even the city manager was ,only able to furnish only the rather brief statement as contained in council minutes of October 31, 1955, and now recommends inclusion of several very pertinent and improtant provisions in the agreement that is to be executed. All of this leads me to believe that any action in this matters has to be care- fully ana7y z3d and scrutinized to avoid endangering the rights of either party