<br /> ~70
<br /> -- - -
<br /> .. - 11
<br /> ACTIVITY WILL RESULT IN AN EXTREMELY HEAVY OF TRAFFIC ii
<br /> FLOW IN OUR BUSINESS DISTRICT WHICH
<br /> WOULD MAKE A G RE AT DEAL OF THE WORK INVOLVED EXTREMELY DIFFICULT AND HAZARDOUS, PARTICULARLY
<br /> WITH REFERE.NCE TO THE PAINTING OF STREETS. I
<br /> ~
<br /> "'
<br /> 'i,~''$':: WHILE THE WORK OF ERECTING THE SIGNS COULD BE CARRIED ON DURING THIS PERIOD, I
<br /> ~~, S HO UL 0
<br /> ......1 LIKE TO ASK THE COUNCIL'S CONSIDERATION IN APPROVING THE POSTPONEMENT ON THE ADOPTION OF THE
<br /> ,...... PLAN 'UNTIL AFTER THE CHRISTMAS HOLIDAY.
<br /> "--'
<br /> .
<br /> IN VIEW OF THE FACT THAT THE MOTORING PUBLI C WI LL REQUIRE SOME T'ME TO ORIENT ITSELF TO I.
<br /> THE NEW SYSTEM, IT OCCURS TO ME THAT tHIS EDUCATIONAL CAMPAIGN COULD NOT BEST BE CARRIED OUT
<br /> DURING THE HE I GHT OF OUR DOWNTOWN TRAFFIC MOVEMENT WHICH WILL OCCUR WITHIN THE NEXT FEW WEEKS.
<br /> YOUR COMMENT AND SUGGESTIONS ON THIS MATTER WILL BE APPRECIATED. " I
<br /> It WAS MOVED BY CRUMBAKE R, SECONDED BY ALLEN THAT THE REPORT BE FILED. MOTION CARRIED.
<br /> 5 A REPORT FROM THE CITY MANAGER - RE: RESIGNATION"OF CITY MANAGER"WAS S U BM I T TED AND READ AS
<br /> FOLLOWS:
<br /> "r HEREWITH TENDER MY RESIGNATION AS CITY MANAGER FOR THE CITY OF EUGE NE, TO BE EFFECTIVE
<br /> JANUARY I , 1949, OR AS SOON THEREAFTER.AS A SUCCESSOR CAN BE APPOINTED AND QUALIFIED BY THE
<br /> COMMON COUNCIL.
<br /> "
<br /> THIS ACTION ON MY"PART RESULTS FROM AN OFFER Of' AN APPO INUIENT WHICH I FEEL TO BE TO MY
<br /> BEST INTEREST TO ACCEPT, AND IS IN NOWISE THE RESULT OF ANY DISSATISFACTION WITH CONDITIONS
<br /> SURROUNDING MY PRESENT EMPLOYMENT. MAY I 'FURTHER TAKE THIS OPPORTUNITY OF STATING THAT MY
<br /> DECISION TO TENDER TH I S RESfGNATION HAS BEEN REACHED ONLY AFTER LENGTHY AND STUDIED CONSIDERATIDN~
<br /> I N VIEW OF THE FACT THAT I PLAN TO MAINTAIN MY RESIDENCE IN THE CITY OF EUGENE, AND OWiNG
<br /> I \ I
<br /> TO THE N A TU RE OF THE NEW WORK WHICH WILL BE UNDERTAKING, SHALL BE HAPPY TO ASSiST IN EVERY
<br /> POSSIBLE WAY TO ACQUA I t~T MY SUCCESSOR WITH THE DUTIES OF TH I S OFFICE AND TO ORIENT HIM WITH
<br /> THE PRESENT CITY PROGRAM OF CAP IT AL IMPROVEMENTS AND GENE RAL OPERATIONS OF OUR VARIOUS DEPART-
<br /> MENTS.
<br /> . ,
<br /> I ALSO WELCOME TH I S OPPORTUNITY OF EXTENDING TO THE MAYOR AND TO THE MEMBERS OF TH I S
<br /> COUNCIL MY HEARTFELT THANKS FOR THE SPLENDID COOPERATION THAT THIS OFFICE HAS ENJOYED DU R I N G
<br /> THE PAST FOUR YEARS, AND I AM CERTAIN THA T A CONTINUATION OF THIS CLOSE-WORKING RELAT I ONSHI P I
<br /> BETWEE.N THE COUNCIL, MA YOR AND CITY MANAGER WILl.; INSURE. A SUCCESSFUL ADMINISTRATION OF
<br /> MUNICIPAL AFFAIRS IN THE FUTURE.
<br /> BEF"ORE THE F"IRST OF" THE YEAR, IT IS THE INTENT OF" OUR OF"FICE TO FILE WIT H THE COUNCIL
<br /> A RESUME OF" DEPARTMENTAL ACTIVITIES AND CAPITAL IMPROVEMENTS F"OR THE PAST FOUR YEAR PERIOD,
<br /> AND MAY I ASSURE THE COMMON COUNCIL AT TH I S TIME THAT ALL OF THE DUTIES ASSIGNED TO THI S
<br /> OFF"ICE WILL BE DISCHARGED AS PROMPTLY AND ABL Y AS POSSIBLE F"ROM THIS DATE UNTIL THE TIME
<br /> THAT MY RESIGNATION SHALL TAKE EF"F"ECT. "
<br /> IT WAS MOVED BY HAWN, SECONDED BY DAVIS THAT THE R E PORT BE ACCEPTED WITH REGRET AND THAT LETTER
<br /> SIGNED BY ALL MEMBERS OF" THE COUNCIL BE SENT TO MR. SEEGER, THANKING HIM FOR SERVICES TO THE C IT Y.
<br /> MOTION CARRIED. "
<br /> 6 MA YO R EARL MCNUTT SUBMITTED A PROPOSAL T HA T A SPECIAL COMMITTEE OF" THE COUNCIL BE NAMED TO
<br /> PRO CESS APPLICATIONS F"OR THE POSITION OF" CITY MANAGER. HE NAMED COUNCILMEN CRUMBAKER, DAVIS AND
<br /> HAWN. UPON MOTION THE APPOINTMENT OF THIS COMMITTEE'WAS CONF"IRMED.
<br /> 7 A REPORT FROM THE CITY ATTORNEY - RE: RIGHT OF CITY TO PERMIT F"ENCI NG A PORTION OF ALLEY
<br /> BETWE.E N 5TH & 6TH, PIERCE AND FILMORE WAS SUBM I TT ED AND READ AS FOLLOWS:
<br /> .
<br /> ! -~ ~~IN~RESPONSt~TOTHE~REQUEST:lHATYT~E~C1T~ A~TORNEV SOBM'IT AN OP1Nl0N.ON!THE:RIGHT-O~GTHE
<br /> CITY OF" EUGENE TO PER M I T 'F" E N C I N G A PORTION OF THE ALLEY BETWEEN FIFTH AND SIXTH, PIERCE AND
<br /> C ~leMORErIN:al.;OCKC3COF~GRAND~PRA1RIE:ADO~T.ONV t i1 BEG~; TO T AOV'I'SE AS(F:OltI:.OWS:ND '.,':"J'. .- ; ,\ :
<br /> It''HASGBEEN: HElD INfNUMEROUS eA SE S '. T Hll T: Y A OMUN 'I:C I P A l:lf T Y l C AN NOTI~ A ur HOR I Z E'J Ae! P.E RMAN ENT... EN CROAC H- I
<br /> MENTCUPONC:A,. PUBt: I C;'S:rREETTOR AL'LE;y~,;.::1 TTWOOLD'. APPtAR!.,THA1V:rHEiU BU" LDING O~~AtFENeEA~CRess TH IS
<br /> ALLEY ,'WOULO.-,BE. A PERMANENT ENCROACHMENT AND WOULD NOT BE PERMISSIBLE. THE T HE 0 R Y OFT HE COURTS
<br /> 1ST HA T P.U BLI C STREETS AND ALLE YS ARE PUBLIC PROPERTY AND MAY NOT BE USED FOR PRIVATE PURPOSES,
<br /> EXCEPTNIN~AIMANNER WHlCH W1RLINOTAtlNTERF"ERE WITH~rHE~PUBL~C'SFUSEVOEiSAID~srREEJ OF.lCAJ,.LEI(.AR~T
<br /> wci0L6~E;M~YFU~i~~~ OPI N .. ON.: T HA T LI F";: A,'G ATE WA,Y'" WE BE:. ~ S1 ABL: I SHE 0:. S O~' T HA T, THE S GA'rE r-c lilUl-' Of, BE I OP,EI\IEO
<br /> AND THE ALLEY USED, AS WAS DONE BY THE TWIN OAKS, IT WOULD BE HELD A TEMPORARY ENCROACHMENT AND
<br /> WOULD BE PERMISSIBLE.
<br /> THE ONLY OT HE R ALTERNATIVE IS .TO VACATE THE ALLEY, RETAINING, HOWEVER, EASEMENTS F"O R I
<br /> PUBLIC UTILITIES.
<br /> . .
<br /> McQu I LLI N ON MUNICIPAL CORPORATIONS SUMMARIZES THE LAW ON T HI S POINT IN THE F"OLLOWING
<br /> PARAGRAPH:
<br /> "STREETS AND HIGHWAYS ARE INTENDED F"OR THE COMMON AND EQUAL USE OF" ALL CITIZENS, TO WHICH
<br /> END THE Y MUST BE REGULATED. AN APPROPRIATION OF" THEM TO PRIVATE INDIVIDUAL USES, FROM WH I CH
<br /> THE PU BL I C DERIVE NO CONVEN I ENCE, BENEFIT OR ACCOMMODATION, IS NOT A REGULATION, BUT A PERVERSION:
<br /> OF" THEM F"ROM THE IR LAWFUL PURPOSES, AND CANNOT BE REGARDED AS AN EXECUTION OF" THE TRUST IMPOSED
<br /> I'Nf~T.HE C I T Y AUTHORITIES.,It.
<br /> ~
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