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09/26/1949 Meeting
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09/26/1949 Meeting
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City Council Minutes
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9/26/1949
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<br /> ~90 <br /> _. '. -. . - - . . -- ..- . ~ - - <br /> "- _.. - --_. .-. <br /> - . ___ . .0 _ _ . ___ . . . r - - -- .- - .- <br /> -" -- ..- .- . - ~ .;V - <br /> " <br /> . <br /> ;1 <br /> L <br /> IT MEMBERSH I P OF [I <br /> WAS THE RECOMMENDATION OF THE MAJORITY OF THE THE JO I NT COMMITTEE <br /> THAT THE C I T Y L I CEN S E LEGALIZED PUNCHBOARDS AND THA T THE LICENSE ORDINANCE SPECIFICALLY <br /> I, I <br /> CONTAIN THE FOLLOWING: <br /> ~H".' <br /> ..:, <br /> ~ I. PROVISION THAT LICENSES NOT BE ISSUED TO ESTABLISHMENTS WITHIN 1000 FEET OF A <br /> ok:.'-' .' <br /> ........10, SCHOOL. ; <br /> ......, <br /> ~ <br /> '-' . <br /> 2. PROVISION .THA'T A MASTER LICENSE BE ISSUED TO DISTRIBUTORS OF BOARDS AND THAT <br /> AN N U A L FEE BE $1500.00. I <br /> " <br /> r: <br /> 3. . PROVISION THAT A STAMP SYSTEM BE USED AND THAT EACH BOND MUST CONTAIN STAMPS <br /> 5% OF : I <br /> ArAO\1lNT'llUG TO RETAIL VOLUME OF BOND. <br /> 4. PROVISION. THAT PENAL T V CLAUSE MAKE OPERATORS AND DISTRIBUTORS BOTH LIABLE FOR <br /> VIOLATION OF ORDINANCES AN 0 PROVISION THAT MAXIMUM FINE OF $200.00 FOR EACH '; <br /> OFFENSE BE A PART OF' THE CLAUSE. <br /> r. <br /> 5. PROVISION THAT REVOKED MASTER LICENSE WOULD REQU I RE RE-PAYMENT OF ANNUAL FEE FOR <br /> A RENEWAL. " <br /> A MINOIRITY REPORT SUBMITTED BY DR. CRUMBAKER, MEMBER OF THE COMMITTEE WAS READ AS FOLLOWS: " <br /> "T HE CHARTER OF THE C I T Y OF EUGENE GIVES THE CITY COUNCIL AUTHOR I T V TO "LICENSE, TAX, <br /> REGULATE, RESTRAIN, PROHIBIT, OR SUPPRESS ALL OFFENSIVE TRADES AND OCCUPATIONS. " THE <br /> NATURE OF THE PUNCHBOARD IS SUCH THAT IT WILL BE A CONTINUAL NUISANCE TO THE C IT Y, BOTH <br /> FROM THE STANDPOINT OF THE PUBLIC AS PATRONS OF PLACES WHE RE PUNC HBOARDS ARE OFFERED FOR ; <br /> SALE, AND FROM THE STANDPOINT OF' POLICE ADMINISTRATION. PUN CHBO ARDS THEREFORE COME UNDER <br /> THE PRO V I S ION S OF 'T HE CHARTER AS "OFFENSIVE" OCCUPATIONS, AND CAN LEGALLY BE PRDHIBITED. <br /> COURTS HA VE HELD THAT CERTAIN KINDS OF' BOARDS ARE NOT OF THEMSELVES ILLEGAL UNDER THE <br /> ANTI-GAMBLING LAWS. THIS IS PUREL Y A TECHNICAL CONCLUSION, AS F'UNDAMENTALLY THE PUN C H- <br /> BOARD IS A GAME OF CHANCE. AN Y BOA RD, EVEN THOUGH IT SATISFIES THE TECHNICAL TESTS OF THE <br /> COURT, CAN BE USED ILLEGALLY. IF SO USED, IT IS USED IN ACCORD WITH ITS NATURE. IF THE <br /> CITV LICENSES THE BOARDS, IT WILL ASSUME AN IMPOSSIBLE JO B OF' POLICING THE I R OPERATION. <br /> IT WILL HA VE TO PROVE IN EVERY !NDIVIDUAL CASE THAT THE LAW WAS VIOLATED. THE PALTRY <br /> LICENSE AND o THE R FEES RECEIVED BY THE CITY WOULD NOT BEGI N TO PA Y THE COS T or POLICE I <br /> PERSONNEL TO ENFORCE THE ANTI-GAMBLING LAWS. <br /> \ IF THE CITY PROHIBITS THE BOA RDS, IT NEED ONLY PRO VE THAT THE BOARDS WERE IN EXiSTENCE <br /> . . WI THI N THE C I T Y ILLEGALLY. THIS WOULD BE MUCH SIMPLER THAN TO PROVE T HA T A BOARD, LEGALLY <br /> HELD IN THE CITY WAS BEING USED I LLEGALL Y. <br /> :' <br /> I <br /> . I THE RE FO RE RE CO MMEN 0 THAT AN ORDINANCE BE DRAWN WHICH WOULD PROHIB.lT .THE OPERATION <br /> OF ALL PUNCHBOARDS WITH I N THE CITV or EUGE~JE. .. <br /> " <br /> IT WAS MOVED BY SMITH, SECONDED BY DAVIS THAT THE REPORT OF THE JO I NT COMMITTEE BE A 00 P TED. <br /> IT WAS MOVED BV CRUMBAKER, SECONDED BY WELLS THAT THE MINORITY REPORT BE ADOPTED. ROLLCALL <br /> VOTE WI TH CRUM BAKER AN DWELLS VOTING AYE AND HAWN, DAVIS, BOOTH, GODLOVE AND SMITH VOTING NO. <br /> MOTION DEFEATED. <br /> A ROLLCALL VOTE ON COUNCILMAN SMITH'S MOTION TO ADOPT, THE RE POR T OF THE JOINT COMMITTEE WAS <br /> CARRIED BY THE FOLLOIYING VOTE: HAWN, DAVIS, 80 Oni, GODLOVE AND SMITH VOTING AYE. CRUMBAKER AND <br /> WELLS VOTING NO. ALLEN ABSENT. MOTION CARRIED. <br /> 5 A REPORT OF THE Pu BL I C WORKS COMMITTEE WAS SUBMITTED AND READ AS F'OLLOWS: <br /> "AT A PUBLIC WORKS COMMITTEE MEETING. HELD FRIDAY, SEPTEMBER 23, 1949, IT WAS THE <br /> CONSENSUS OF' OPINION THAT ACTION ON THE OPENING OF' FERRV STREET BETWEEN 11TH AVENUE AND <br /> THE MILLRACE AS PREVIOUSLY REQUESTED BY MR. KETELL, BE DE L A YE D UN T I L THE NEXT MEETING TO <br /> AFFORD ADDITIONAL TIME FOR PRIVATE NEGOTIATIONS BE TWEEN MR. KETELL AND MR. DUNBAR. I <br /> I TIS RECOMMENDED THAT THE PROPERTY OWNERS ON FRIENDLV STREET BETWEEN 21ST AND 22ND <br /> AVENUE BE PE RM I TTED TO CONSTRUCT A RETAINING WALL APPROX I MAT EL Y THREE TO FOUR F'EET IN <br /> HEIGHT, 18 IN C HE S INSIDE THE CURB LINE I N ORDER TO PROTECT AND SAVE THE TREES EXISTING <br /> IN THIS BL 0 C K. IT IS NOTEO THAT IN. GRANTING THI S REQUEST, NO OBLIGATION IS BE I NG INCURRED <br /> CON CERN I N G F"UTURE SIDEWALK CONSTRUCTION TO PROPER GRADE I FAN D W HE N SUCH SIDEWALKS ARE <br /> INSTALLED. :! <br /> THE POSSIBILITY OF OPENING WEST BROADWAY BETWEEN ALMADEN AND CHAMBE RS S T RE E T HAS I <br /> PRESENTED ITSELF T HROU GH THE OFFER OF MRS.' ANNA HAUGSJAA, OWNER OF THE PROPERTY ON THE <br /> EAST SIDE OF' THE BLOCK THROUGH WHICH THE STREET WOULD GO. MRS. HAUGSJAA HAS OFFERED TO <br /> SELL THIS TO THE CITY FOR A PR ICE OF $7,700.00 SO THAT SHE MIGHT PU RCHASE AN ADJACENT HOUSE <br /> I NT HE SAME VICINITY FOR THE SAME. PR ICE. IT IS THE RECOMMENDATION OF THE PUBLIC WORKS : <br /> COMMITTEE THAT THE C I T V o F"FE R HER $5,000.00. IT IS UNDERSTOOD THAT SHE PAID $5,000.00 tOR <br /> THIS PROPERT Y A FEW YEARS BACK AN'D THERE IS $5,000.00 IN THE STREET DEPARTMENT BU D GE T FOR <br /> STREET OPENINGS. <br /> i; <br /> ~ <br />
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