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<br />". ~ <br />147 <br /> <br /> <br /> <br /> <br /> <br /> <br />~ <br /> <br />- -- . -. -- --- --'--.---.------------------------ ----_.~---_.__._--------._._----_.- ---.--.-..----- <br />._--------~----------------~--_-....:...-_~~-~~--------_._- ~_.--------....:: -- -.. --- -. -- -- -~-~--- <br />-~-~--.-~~~.=.=.::=-~.I.;l':~::: -~=,.=-:.-=-=:::. :.::..-=----=-~=. -=---:.=,::::.-=--=.~~__~_-_=_::=.c..:_~ =. '.._-= ==---=-==-=.=c:..-=-::.-=-.-:::::~. ~= . .c:.= .;==:-..cc_u .=._=._-:cc.::==-=-.-c~-c~-=- ,.=-.'-- <br /> <br />'j <br />Ii Council Chambers, Eugene, Oregon <br />, 7:30 P.M. November 8, 1943 <br />I" <br /> <br /> <br />I Ii ~ ~. <br /> <br />' I] The minutes of the regulard meeting of (the, Common Council, held Monday '~ <br />I, evening, Nqvember 8th, at 7 :30 P.M. The meetang was called to order by Mayor eo.J <br />!: Large. All Councilmen present. \ ' <br /> <br />I'! <br /> <br />I: Mr. R. B'. Bacon, representing the Pacific Telephone and Telegraph Co. <br />I' was present and Mayor Large askeq that the Judiciary Committee make a report <br />Ii regarding the Telephone Franchise, which had been referred to them at the <br />II': last Council meeting. Councilman Koppe reporte.d that the Judiciary Committee <br />,: has held a meeting at which Mr. Bacon was present. He stated that no desi- <br />ii cision was reached at that meeting but that he felt that it was the Council's <br />I' original intent,ion to grant a franc.hise that would be equitable to both the <br />r Telephone Company and the City. He stated that he had been gi~Dg this matter <br />;1 a great deal of consideration and after consulting with the other two members <br />l. of the Judiciary Committee he was reporting that the recommendation of the <br />i: Judiciary Comrni ttee was that 'a later franchise ordinance which was more <br />I: favora~le to the Pacific Telephone and Telegraph Company be considered and <br />I' that the committee was asking for a slight change in the new Franchise <br />~ Ordinance in section 11, in front of the word copporate~ the words "present <br />i: and future" be inserted. A motion was made by Hawn a,nd seconded by Barette <br />: that the recommendation of the Judiciary Committee be adopted. On roll call <br />i: members ~oting Aye; Koppe, Baret~e" Hawn, Crwnbaker and Baker. Those voting <br />I np; Farr~ngton, Stewart, andDav~s. Absent, none. <br />il At this time Councilman Stewart was excused from the mee.ting. <br />.: The proposed new ordinance was read in detail a t this time and the <br />, Recorder was instructed to publish the necessary notice in the Eugene Register <br />( Guard. Said notice to provide that a hearing shall be held at 7:30 p.m. an <br />I: December 13th, at the regular Council meeting. Counciibrnan Crumbaker raised <br />I I; the question regarding the wording of section 1 where the f~anchise stated <br />!, wires and oth~r appliances, might be installed above ground or at the option <br />!: of the grantee might be laid under-ground. Councilman Crumbaker stated that <br />Ii the city might want some installations to be put under ground during the life <br />- ;! of of this franchise and that wi.th this wording this would be done only at the <br />I I) option of the grantee. Mr. Bacon advised that it was the Telephone Company's <br />11 policy to make under-€rouhd installations as fast as conditions would permit <br />il and tha t he felt tha t the past recordC"Lofl the Telephone Company would prove <br />;i that they are willing to cooperate wi th the City and that they would prefer <br />I: making no change in this wording. Attorney Calkins stated that there was <br />Ii no doubt that with the present wording it would be at the telephone Company's <br />option whether under ground installations should be made but that if the <br />~ words in this seftion 1 "or at the option of the grantee, its Successors <br />I:; and assigns" was eliminated this would leave the matter open for the City <br />i; to act. After some further discussion by the Council a motion was made by <br />II Crumbaker that the words "or a t the option of the grantee, its successors <br />II and assigns" should be eliminated from the new proposed franchise.. The <br />I,! motion was seconded hy Baker and on vote carried. Councilman Crumbaker also <br />JI called attention to the wording in section 3 regarding the ma tter of repairs <br />J. to the streets that had been opened for installation purposes where the <br />I~ ordinance stated that this should be done at the satisfaction of the Street <br />II Commi ttee. He felt that this should read "to the satisfaction 0f the Common <br />il Council" and on motion of Mr. Baker this wording was changed. After some <br />~ discussion of this ssection the word "street" was inserted before the word <br />!: "broken" and the words "for the purpose of laying underground conduits" was <br />II stricken from the ordinance. This left the meaning that no pavement could <br />!1 be cut or notstreet broken without the Telephone Company had first obtained <br />:: a permit not only for layihg underground conduits but for all other work. <br />I; The former franchise as passed by the Common Council obtained provision for <br />I: the accomodation of Police and Fire alarm equipment of the City to be carried <br />/; on the Telephone Company poles, in thier cables and in underground equipment <br />I, free of charge to the City. This had been eliminated from the new proposed <br />I ordinance. A letter fram the Telephone Company was read in Which they stated <br />f they preferred not to have this in the ordinance granting a franchise but <br />I! that they were willing to give the City this privilege. Attorney Calkins <br />I stated that he thought the Telephone Company wished to enter into a contract <br />'.' with the City to that effect, it would be satisfactory to the City. Mr. Bacon <br />\: stated that the Telephone Company was perfectly Willing to enter into this <br />I r kind of a contract with the City. <br />,I <br />Ii: Mr. William Mettaur who lives at 39 North Washington street was present <br />': and made a complaint regarding the placing of saw dust next to his property <br />2 l; by the LaJoie Wood Yard. Engineer Clubb stated that Mr. laJoie had been <br />I: filling in saw dust in the street and that it was interferring with the water <br />l~ drainage on the Mettaur lot. A ~ot~on was made by B~rette and seconded by <br />It Davis and carried that the Counc~l ~nstruct Mr. LaJo~e to remove this saw(J dust down to the' level of the sidwalk. <br />II <br />Ii <br />, ~ <br />" <br />Ii <br />r <br />I ~ <br />