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HomeMy WebLinkAboutB 46 t. C o p y EMERG&~CY RESOLUTION B .- 4to WHEREAS, it appearing to the board of county commis- ~ioners of Jefferson County that a situation of national defense has arisen necessitating the protection and maintenance of the roads of said county; and WHEREAS, the board of county commissioners deem it advisable to the preservation of the public health and safety that persons be employed and equipment purchased to guard the preservation of the maintenance of said highways; and WHEREAS, the occasion from which said condition arose could not have been reasonably ascertained or contemplated at the time of the adoption of the budget for the current year; and WHEREAS, the board of county commissioners believe that the preservation and safeguarding of said highways is a necessary and proper road purpose; NOW,THEREFORE, BE IT RESOLVED that an emergency be, and the same is hereby, declared to exist for the preservation of county roads and highways in the sum of BE IT FURTHER RESOLVED that there be, and there is hereb,y appropriated from the Fede~ Forest R;:erve monies not otherwise appropriated the sumol'!:.2oo 0 -..., to employ personnel, maintain and establish offices, and the purchase of radio and other necessary equipment for the preservation and safeguarding of the roads and highways of Jefferson County. 1. ~l: BE IT FURTHER RESOLVED that this resolution be, and . the same is hereby, declared to be for a mandatory governmental function and necessary for the immediate health and safety of the people of Jefferson County, and that the same become final without other or further hearing hereon. ~Q.~ Chairman .. ~ .~~A; BOARD .~~~~~ OF JEFFERSON COUNTY " " III I h COpy January 7, 1942 ~ Division of Municipal Corporations. Olympia, Washington Attention: Mr. L'awrence Hubble, Chief Examiner Dear Sir: This is to acknowledge receipt of your letter of De- cember26, 1941, wherein you request an opinion relative to the authority of the board of county commissioners of a county to a~opriate b.r emergency resolution from the county road fund moneys, the source of which is derived from the Federal Forest Fund distribution to the county for the purpose of the employ- ment of personnel, maintenance of offices and purchases of radio equipnent to guard the highways of the county from des- truction occasioned b,y the present national crisis. It is our opdnion that the guarding of highways to protect them from destruction by sabotage or the public enemy is a proper county road purpose for the application of the fund in the event that the circumstances obtain necessitating such application. We are cognizant of the fact that Jefferson County is so strategically situate that the conditions ~erequisite to the application of the fund .b.r ,an emergency resolution obtain to a greater degree than in many other counties in the State of Washington. The determination of the existence or non-existence of such condition, or conditions, is vested in the discretion of the board of county commissioners. This discretion will not be disturbed b.r judicial rebuke unless its exercise con- stitute an abuse so gross that the action could be termed arbitrary-and capricious. We feel there can be no question but that its exercise in this instance would be perfectly proper. The next question arises as to whether or not the source of revenue being impressed wi tha plblic trust, limit- ing its application to county roads and public schools, can be properly expended for the plrposes stated. Section 40;7, Remington's Revised Statutes, provid~s: ;tlCounty commissioners of the respective counties to which the money (received from the Federal govern- ment from forest reserves) is distributed are hereby authorized and directed to expend said money for the benefit of the public schools and public roads there- of, and not otherwise.ft (underlining ours) It will be noted that the foregoing limits the ap- plication of the moneys to the "benefit" of the public schools and publio roads only. This limitation does not limit its (~. Division of Municipal Corporations Mr. Lawrence Hubble Page #2- Jan. 7, 1942 application to the construction and maintenance of the highway but to any purpose which may properly inure to the benefit of tIle highway. We believe there can be no doubt but that guard- ing the high~ from destruction when a reasonable peril or haz- ard exists inures to the benefit of that highway and is a proper application of the mone.ys. You further request our opinion as to the propriety of the enclosed form of resolution. We find the form of the res- olution proper in all respeots. Very t~ yours, SMITH TROY Attorney General By HAROLD P. TROY Assistant Attorney General HPT-ps .y..', I h r r .'1 I 527 ' COMMISSIONERS' PROCEEDINGS M JEFFERSON COUNTY Continued from page 526. RES 0 L UTI 0 N "B"44. WHEREAS it is to the best interests of the People of Jefferson County that the Hastings Avenue Extension road be improved, and 'WHEREAS the public interests of the People of Jefferson County demand the improvement, and 'WHEREAS the eatimated cost of the project is ~135oo .00 BE IT THEREFORE RESOLVED i that the Hastings Avenue Extension Road be improved fDan the intersection of Hastings Avenue and the City Limits of Port TownsendJ ttence westerly along the existing road a distance of approximately 1.25 miles, be improved as provided under the provisions of Chapter 187, Se8sion Laws of 1937 W Chapter IBl, Session Laws of 1939, and the S\Dll of $3500.00 be set aside' for the purposes aforesaid. Dated this 9th day of Jany, 1942. Attest: . P.M. Richardson Clerk of the Bo"rd. Board of Jefferson County Commissioners Arthur C. Boren, Chairman Hugh Nisbet, MEIIIlber BertH I<;ruse J .. RES oj L UTI 0 N IB"45#" WHEREAS it is to the best interests of the people of Jefferson County that certain streets City of Port Townsend be improved, and ~HE~ said streets are to be improved in preperation for a bituminous surface, and WHERF.:.AS the public interests of the People of Jefferson County demand the improvement, and 'I'iHlEREAS the estimated cost of the projedt it $3000.00, BE IT THEREFORE RESOJi.VED that the following streets be imp:boved: Hastings Avenue from Old Discovery Hoad to City L:lmits SHERIDAN AVENUE FROM 19th st to Hastings Avenue Water Street from Polk to Harrison Streets 49~VeM-11'8Ill-Pell.lE-..e-PllU'ftflefi-Street 49th Street from SanJ.an Avenue to Hendricks Street San Juan Avenue from 47th Street to 49th Street ..Jefferson Street from Quincy street to Monroe Street as provided under tne provisions of Chapter 187, Session Laws of 1937, and Chapter 181, Session Laws of 1939, and that the S\Dll of $3000.00 be set aside for the purposes aforesaid. Dated this 9th day of J any 1942. in the Attest: Board of Jefferson Connty Comnissioners Arthur C. Boren, Chairman Hugh Nisbet, Member Bertil Kruse, " P.M. Richardson Clerk of the Board. EllERqENCY RESClLUTIOL @#-~ . i. j' i Wl-IERE#i) j,.t appearing to the Board of County Caroniso'3ioners of Jefferson County that a situation ~f , national defense has arisen necessitating the'protecti~n and maintenance of the roads of said county;and WHEREAS, the board of county commissioners deem it advisable to the preserv~tion of the publ~c health and satetythat pez'sons be ernpihoyed and equipnent purchased to guard the preservation of the maintenance of said highways; and VMEREAS, the occ~sion from which said condition arose could not have been reasonablv ascertained or contemplated at the t1~e of the adpption of the budget for the current yearj and v.HEREAS, the Board of county commissioners believe that the preservation and safeguardi.ng of said highways is ~ necessary and proper road purpose; NOV. 'rHEREF'ORE, BE IT RESOLVED that an emergency be, and the same is hereby declared to exist for the preservation of county roads and highways and . BE IT FURTHJ5R RtSOJ'JVED that there be, and there i3 hereby appropriated from the Federal Forest Reserve monies not otherwise appropriated the sum of $2000.00 to employ personnel, maintain and establish offices, and the purchase of radio and other necessary equipnent for the preservation and safeguarding of the roads and highways of Jefferson County. BE IT FUR'llIER RESOl.VED that this resolution be, and the 3<"me is herebYJ declared to be for a mandatory governmental function and necessary for the immediate health and safety of the people of. Jefferson County, and that the same become finnl without other or further hearing hereon. Board of Jefferson County Commissioners Arthur C. Boren, Chairman Hugh Nisbet, MEIIIlber Attest: Betrt.H Kruse, M8Ilber P.t'. P.ichardson, Clerk of the Board. ASSIGNMENT FOR VALUE RECEIVl!;D, receipt of which is hereby acknowledged, $743.19 the County hereby assigns, transfers and sets over to the state of Washington all of its right, title and interest in and to any and all claims it has Agail1St any and all persons who:&: have become indebted or obligated to said Jeffers~ri County for the maintenance of any non-Violenyly insane person in any state hospital for the insane subsequent to March 31, 1938. D",.ted this 9th Day of Jany, 1941. Attest: P.M. Richardson Auditor and ex-offi~o Clerk of the Board. Board of Jefferson County Commissioners Arthur C. BorenJ Chaimnn Hugh Nisbet, Member Bertil Ifruse " n~rtrr',","'I"\)'T ,CO A 0.. ~,.... ...