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<br />~78 <br /> <br />in excess of the building requirement, it is ordered said sum be transferred into <br /> <br />the Comfort Sta.tion Bond Sinking Fund. <br /> <br />I <br />I <br />r II <br />;t11 <br />~; <br />C\21 <br />II <br /> <br />A resolution was presented by Councilman Hendershott, directing the City <br />Attorney to appeal the case of the City of Eugene, versus, B. F. Keeney and others, <br />to the -.Supreme Court, and authorizing the Mayor and Recorder to sign the Notice <br />of Appeal, and for the Recorder to furnish the necessary undertaking on Appeal. <br />A motion was ma.de, seconded, and carried to adopt the following resolution: <br /> <br />I <br /> <br />RESOLUTION <br /> <br />BE IT RESOLVED by the Common Council of the City of Eugene, Oregon, that <br />the Ci ty Attorney be and he is hereby directed to prepare an appeal to the <br />Supreme Court of the State of Oregon in the case of City of Eugene versus B. F. <br />Keeney and other s, and the Ci ty Rec order and the Mayor be and they hereby are <br />directed to sign the Notice of Appeal, and the .Recorder be and he is hereby <br /> <br />directed to fU.t"nish an undertaking on appeal with sufficient sureties, in order <br />to enable the City Attorney to go foreward and prosecute such appeal to a con- <br /> <br />clusion. <br /> <br />The Recor'der presented the correspondence wi th bond agents regarding consent <br />of the surety to the payment of Hargreaves and Lindsay for the Columbia Street <br />Paving. Under the advise of the City Attorney that the consent as set out in <br />their Ie t tel' 'was not absolu te in its terms and insufficient to bind the surety, <br />the Counci 1 deci ded that it would be necessary for the contractor to secure an <br />unconditional release of the City, before the payment can be made. <br /> <br />On motion, the Council adjourned. <br /> <br />~~ <br /> <br />R. S. Bryson, <br /> <br />I <br /> <br />Ci ty Recorder. <br /> <br />: j", <br /> <br />-- I <br /> <br />.; <br /> <br />'~ <br />11 <br />II <br />~ II. <br />.... ~! <br />