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<br /> shows an attendance in excess of 7,000 up to the first week of August. A complete
<br /> report on theplayground activities and attendance report will be submitted in the
<br /> near future." I
<br /> "'-," It was moved by Bailey, seconded by Crumbaker that the report of the Manager be
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<br /> ~. received and placed on file.
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<br /> ,-... A report from the office of the City Attorney, was submitted and read
<br /> .......6 as follows:
<br /> "Under date of March 16, 1911, the then Mayor of the City of Eugene
<br /> \ approved the following Ordinance passed by the Common Council on March 6, 1911:
<br /> ORDINANCE NO. 1091: An Ordinance granting to Frank L. Chambers the
<br /> right to construct and maintain a railroad track across certain streets and
<br /> alleys in the City of Eugene.
<br /> THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
<br /> Sec. 1. That there be and there is hereby granted unto Frank L. Chambers,
<br /> his heirs and assigns the right and privilege to construct and maintain a railroad
<br /> track and to operate cars thereon across the following streets, High Street, Sixth
<br /> I Street and the alley between Sixth Street, and Seventh Street, more particularly
<br /> I described as follows: Commencing at a point not more than 2 feet south of the nort
<br /> I line of Fifth street on the west side of High Street, thence southeasterly acnoss
<br /> I High Street to a point not more than 4 feet north of the South line of Fifth Street
<br /> on the, east side of High Street, also crossing Sixth Street and the alley between
<br /> Sixth and Seventh Streets at points not less than 130 feet, nor more than 160 feet
<br /> I East of the East line of High Street, provided that no part of said track shall be
<br /> constructed south of the above described line on Fifth Street.
<br /> Sec. 2. The right herein granted is upon the condition that said streets
<br /> and alleys be kept open for traffic and that they shall not be blockaded an un-
<br /> reasonable time.
<br /> It now follows that the construction of an arterial highway which will cross the I
<br /> railroad tracks laid and maintained pursuant to the privileges granted under the
<br /> Ordinance is imminent. ' Al so, the specifications concerning the highway, as well
<br /> as the safety of the'public using the same forbid the continued maintenance of
<br /> the railroad track pursuant to the privileges granted under the Ordinance. The
<br /> Ordinance proposes to grant to a private individual a use of certain streets and
<br /> alleys in the City of Eugene which tends to restrict and curb the free 'and un-
<br /> interrupted passage through the mentioned streets and alleys by the public and
<br /> tends to be detrimental to the public welfare. However, 'the Ordinance was enacted
<br /> under the authority granted in Section 95-401, which I quote in part as follows:
<br /> "The Mayor and Aldermen shall comprise the Common Council of any such city - - - -
<br /> and shall have power to - - -; to permit, allow and regulate the laying down of
<br /> tracks for streetcars and other railroads upon, such streets as the Council may
<br /> : designate, and upon such terms and conditions as the Council may prescribe; - ... -" ,
<br /> 'and further under Section 99 of Chapter VII of the Charter of the City of Eugene,
<br /> which I quote "99 - To permit, a 11 ow , and regulate the laying down of tracks for
<br /> streetcars and other railways upon ,such street or streets as the Council may
<br /> designate."
<br /> A discussion as to whether or not this power to grant the use of areas of streets
<br /> and alleys for the use of railroad tracks is restricted to public carriers is not
<br /> lin my opinion necessary in thiB instance. The rights and privileges granted under
<br /> "" the mentioned Ordinance are now being used and enjoyed by a private business concern
<br /> land no question of the use of the rights and privileges granted by the Ordinance
<br /> IbY a public carrier enters the discussion. I quote you from McQuillin, "Municipal
<br /> 'Corporations," Section 1423: .
<br /> i"A municipali ty cannot authorize any use of its streets bY' a private person in-
<br /> Iconsistent with the future legitimate uses of the street by the municipality; hence,
<br /> lall such licenses are revocable, and no right to use the streets for private pur-
<br /> iposes can be acquired by prescription as against the municipality."
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<br /> iThe books are abundant with a uthori ty that the City Council can in the public
<br /> :interest and where the condi tions justify such action, revoke permits issued to
<br /> ipri vate individuals for use of streets and alley s when public need requires it. I
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<br /> IThere is, however, likewise abundant authority for the proposition that if a city
<br /> ,grants a right or privilege to a private individual to use streets and alleyways,
<br /> ,and upon reliance of such 'grant a private individual spends money or otherwise
<br /> ~aterially changes his pOSition, that the right and privilege is not revokable and
<br /> jthe grant or license can only be revoked upon good cause or granting compensation
<br /> ,therefor.
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