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<br />"IN RESPONSE TO 'YOUR 'ORAL'-~NQU~RY FOR AN OPINION AS TO THE POSSIBILITY OF THE
<br />CITY OF EUGENE SELLING THE PRESENT CITY HALL'SITE AND THE LIBRA~~ PROP~~TY, YOU
<br />ARE ADVISED AS FOLLOWS:
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<br />I. IT IS MY OPINION THAT THE CITY HALL PROPERTY CANNOT BE SOLD BY THE CITY OF
<br />EUGENE UNLESS THE COMMON COUNCIL IS AUTHORIZED TO DO SO BY A CHARTER AMENDMENT
<br />ADOPTED ~~~THE VOTE~S 9F THE C~TY O~ EUGENE. THIS OPINION, JS BASED"UPON THE FACT
<br />THAT THE PRESENT CITY ,HALL PROPERTY WAS DESIGNATED AS THE SITE FOR THE CITY HALL
<br />IN THE CHARTER AMENDMENT WHICH WAS ADOPTED BY 'THE PEOPLE AUTHORIZING THE PURCHASE.
<br />IN ORDER TO DESIGNATE ANOTHER SITE FOR A CI,TY HALL IN THE CITY OF ,EUGENE, IT WOULD
<br />,B~ MY OP!NI ()N T~A:r, ANJ\ADDI TI,ONAL CHARTER AMENDMENT WOULD BE ~EQUI RED. IN ,ADDI TI ON
<br />TO THE FOREGOING LEGAL REASON, I CALL THE COUNCIL'S ATTENTION TO THE FACT THAT
<br />SINCE THE CITY OF EUGENE WAS ESTABLISHED ANY CHANGE OF THE CITY HALL HAS BEEN BY
<br />A VOTE OF THE PEOPLE, AND IT IS MY OPINION THAT THIS IS A GOOD PRECEDENT TO BE
<br />FOLLOWED BY THE COMMON COUNCIL.
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<br />2. THE AVAILABLE RECORDS PERT~INING TO THE CARNEGIE-GRANT LIBRA~Y HAVE BEEN
<br />EXAMINED, AND NO SPECIFIC PROHIEHTION 'AGkINS-T-SELLING 'THEPROPERTY-H'ASBEEN FOUND.
<br />HOWEVER, IT IS TO BE NOTED jHAT ALL OF THE RECORDS ARE NOT AVAILABLE AND THERE IS
<br />A POSSIBfLITYTHAT THE GRANT OF CARNEGIE FUNDS WAS REST~I~TED ~O THAT IF THE LIBR~RY
<br />PROPERT~'W~~ EVER SOLD, THAT THE FUNDS WOULD REVERT TO THE CARNEGIE ENDOWM~NT fUND.
<br />IT IS My'SUGGESTION THAT A LETTER'BE WRITTEN TO THE CARNEGIE FUND, REQUESTING AN'
<br />OPINION UPON THIS POINT AND A STATEMENT OBTAINED FROM THEM THAT THEY WOULD MAKE NO
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<br />CLA 1M TQ ANY _OF THE FU'NDS DER I VED FROM THE 'SALE OF THE, PROPERTY, ,IF A SALE,WERE
<br />MADE'.' IN THE' ABSENCE e'F ANY' CLAI M BY THE CARNEGI E FUND, THERE I S 'NO LEGAL' RES'TRI C-
<br />TlqN 911I THE ,SALE OF 11;1,E L,I BR1ARY PROPERT,Y, A,ND I T COULD BE,_SOLD WI T,HOUT A VO,TE OF
<br />TH'r 'PEQ'PLE'.' THE"DEEDS_H'AVE BEEN EXAr\lINED AND TH'ERE I.S NO: RESTRICT,IOIII C,ONTAINED
<br />THEREIN." '. ,
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<br />I~ CONNECTION WITH THIS WRITiENOPINION IT WAS SU~GESTED THAT A LETIE~ BE WRITTEN
<br />TO THE CARNEGI E ENDOWMENT FUND TO -ASCERTAI N I F ANY RESTRI ClI ONS EXI'ST I NCONNECTI ON WI TH
<br />THE DISPOSAL OF THE PRESENT LIBRARY BUILDING WHICH WAS PARTIALLY FI~ANCED, THROUGH THE
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<br />CARNEGIE ENDOWMENT FUND.
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<br />THE POSSIBILITY OF ACQUIRING A NEW LOCATION FOR CITY HALL' OPERATIONS WAS DISCUSSED
<br />AND I T WAS AGREED THAT A LONG R,A~,GE PLAN SHOULD BE THOROUGHLY STUDI ED BEFORE, ANY 'ACTI ON
<br />OF ANY KIND COULD BE TAKEN I-N CONNECTION WITH THE DISPOSAL OF THE PRESENT CITY HALL.
<br />THIS STUDJ SHOULD INCLUDE ADEQUATE FACILITIES FOR ALL MUNICIPAL OPERATIONS PROPERLY
<br />LOCATED TO BEST SERVE THE PEOPLE OF EUGENE.
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<br />HOWEVER, THE SALE OF THE LIBRARY SITE AT THIS TIME PRESENTED SOME VERY DEFINITE
<br />POSSIBILITIES AND THE COMMITTEE MADE THE FOLLOWI NG RECOMMENDATIONS TO THE CITY COUNCIL.
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<br />THAT THE C'TY MANAGER BE INSTRUCTED TO INVESTIGATE THE POSSIBILITY OF MOVING
<br />THE LIBRARY INTO THE GROUNDFLOOR,OF THE CITY HALL WHICH WAS PREVIOUSLY OCCUPIED
<br />BY THE tUGENE WATER &"ELECTRIC BOARD, AND TO I~VESTIGATE THE SQUARE FOOTAGE
<br />AVAILABLE FOR LIBRARY PUR~9SES. IF THE CITY COUNCI~ AND LIBRARY BOARD FELT THAT
<br />THIS AREA IN THE PRESENT CITY HALL WOULD BE ADEQUATE FOR LIBRARY FACILITIES UPON
<br />A TEMPOR'ARY BASI S, THEN IT ,WO'ULD BE POSSIBLE TO SELL THE LI BRARY SI TE TO THE
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<br />HIGHEST AND BEST BIDDER, AFTER PROPER NOTIFICATION AND ADVERTISEMENT.
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<br />IN MAKING THIS RECOMMENDATION, IT WAS ALSO BROUGHT OUT THAT THIS WAS ONLY THE FIRST
<br />STEP IN THE STUDY FOR A FUTURE CITY HALL AND LI'BRARY AND THAT IT ~OULD GIVE SUFFICIENT
<br />TIME TO CONSIDER ALL POSSIBI~ITIES."
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<br />No ACTION TAKEN.
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<br />A REPORT OF THE FINANCE & JUDICIARY COMMITTEES ~ RE: 3% ADMISSION TAX - DECISION OF
<br />OREGON SUPREME COURT WAS SUBMITTED AND READ AS FOLLOWS:
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<br />"PRESENT: MAYOR JOHNSON, COUNCILMEN BOOTH, CRUMBAKER, GODLOVE, SMITH, KOPPE,
<br />SIEGENTHALER AND WATSON; CITY MANAGER; CITY ATTORNEY; AND CITY RECORDER.
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<br />A REVIEW OF THE SUPREME COURT DECISION RELATIVE TO THE 3% ADMISSION TAX WAS MADE.
<br />THE CITY ATTORNEY CALLED ATTENTION TO CERTAIN PORTIONS OF THE DECISION, WHICH ARE AS
<br />FOLLOWS:
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<br />i'WE ARE OF THE OPINION THAT THE DECISION OF THIS, COURT IN THE LENT CASE CONCLUSIVELY
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<br />ESTABLISHES THE POWER Of THE CITY OF EUGENE, UNDER }HO?E ?UBDIVISIONS Of SEC. 48 Of
<br />ITS CHARTER RESPECTING THE RIGHT TO 'LICENSE, TAX, AND REGULATE.', TO WHICH ATTENTION
<br />HAS BEEN CALLED" !.o LEV,Y A~D I MPO_~E OCCUPATION TAXES FOR THE PURPOSE: OF RAI SI NG
<br />REVENUE . . . . .
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