City of Eugene
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11/2/2006 4:11:52 PM
City Council Minutes
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<br />Council Chamber <br />Eugene, Oregon <br />March 12, 1973 <br /> <br />i' <br /> <br />Regular meet ing of, the' Common Council of the city of Eugene, Oregon was called to order by <br />His Honor Mayor Lester E. Anderson at 7:30 p.m. on March 12, 1973 in the Council Chamber <br />with the following councilmen present: Mrs. Beal, Messrs. Williams, McDonald, Hershner, <br />Mrs. Campbell, and Messrs. Keller, Murray, and Wood. <br /> <br />Larry Provancha, Randy Thompson, Gary Murray, and Geoffrey>Paulus - members of the McKenzie <br />River Chapter, International Order of DeMolay - presented the flag as a service to local <br />government in celebration of the founding of their organization. <br /> <br />I - <br /> <br />Public Hearings <br />A. Code Amendment re: Jury Trials and Imprisonment of Indigents for Non-payment of Fines <br /> <br />JCopies of proposed amendment were previouslijdistiibuted to Council' members :. <br />: The proposed ordinance would repeal that section of the Code dealing with Municipal' <br />; Court procedures with regard to jury trials, selection of jury and payment of fees, <br />i and non-payment of fines by indigent persons, and Substituting therefo;za the State <br />; statutes. City Attorney recommended the change for purposes of clarification in. <br />: view of conflicts between the present ordinance and State law and recent court <br />: decisions. <br /> <br />e <br /> <br />Stan Long detailed the changes proposed, stating that present procedures in Munici- <br />! pal Court will not change too much since it now adheres to Charter requirements <br />1 and thrust of court decisions. Indigents for some time have not been imprisoned <br />, for non-payment of fines even though that provision has been in the Code. The <br />amendment in addition will bring the Municipal Court lOC)re clearly into line with <br />the State laws so far as selection of juries is concerned. <br /> <br />I Councilwoman Beal questioned the necessity for the emergency clause. She said the <br />:Legislature in its deliberations is very careful not to apply an emergency clause <br />i unless there is a bona fide emergency to avoid the appearance of haste and lack of <br />: time for protest. Manager said that without the clause an ordinance will not be- <br />: come effecti ve for 30 days after its adoption. It is used in nearly every instance <br />! unless there appears to be a reason to expect an appeal or significant disagreement ~ <br />~ that could result in referendum. He added that use of the clause has no bearing I <br />ion the deliberative process in adopting an o%'dinance. There is the same hearing I <br />Iprocedure and tdme constraints, and the same opportunity to hold over, lacking , <br />I un ani lOC) us consent on second reading. Use of the clause in this ordinance is de- <br />sirable to relOC)ve conflicts before the Municipal Court starts proposed night <br />sessions to clear its backlog of cases. <br /> <br />Comm <br /> <br />Mr. Williams 1OC>ved seconded by Mrs. Beal to schedule public hearing on the amend- 2/28/73 <br />ment. !'Ioti_oE ca..~~il!.d ~u.!l~~-!lI!..~~l!(._ _,___ "_,_ __ ." __!~ub Hrng <br /> <br />:. <br /> <br />Mayor Anderson opened the subject to public hearing. <br /> <br />Upon request from the audience for an opportunity to express the concerns of'Native <br />Americans in this community for those involved in the present incident at Wounded Knee, <br />South Dakota, Mayor Anderson explained the procedure for placement of items on the <br />Council's agenda. However, Council members agreed to hear the petitioner at this meet- <br />ing at the conclusion of other business. <br /> <br />Public hearing on the Code amendment was closed with no testimony submitted. <br /> <br />Council Bill No. 200 - Amending Section 2.785 and repealing Sections 2.790, 2.795, <br />2.800, and 2.805 of City Code re: Municipal Court Procedure was submitted and read by <br />council bill number and title only, there being no councilman presen t requesting that <br />it be read in full. <br /> <br />Mrs. Beal moved seconded by Mr. Williams that the bill be read the second time by council <br />bill number only , with unanimous consent of the Council, and that enactment be considered <br />at this time. Motion carried unanimously and the bill was read the second time by council <br />bill number only. <br /> <br />. <br /> <br />Mrs. Beal moved seconded by Mr. Wi~liams that the bill be approved and given final passage. <br />Rollcall vote., All councilmen present voting aye, the bill was declared passed and numbered <br />16731. . <br /> <br />B; Appeal, Conditional Use Permit for Willamette Christian Center, 20th between McKinley <br />and Hawkins Heights - Willamette Christian Center, appellant, requested postponement <br />of the hearing on PlanningCommission's'denial of the permit. Letter was noted from <br />Vern Gleaves, attorney, also requesting postponement. <br /> <br />~9 <br /> <br />3/12/73 - 1 <br />
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