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<br />3/28/60
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<br />IT WAS MOVED BY MR. SHEARER SECONDED BY MR. MOyER THAT THE COMMUNICATION BE RECEIVED AND CORRECTIONS 1\
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<br />MADE TO THE'CONTRACT AS INDICEATED INCRLUDING RIGHT TO ABRING IN SUPERVISORY PERSONNEL AND SKILLED OPERA- ,!I
<br />TORS, FROM AREAS OTHER THAN UGENE. OLLCALL VOTE. LL COUNCILMEN PRESENT VOTING AYE, MOTION CARRIED. I
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<br />THAT THE MATTER BE REFERRED TO THE ENGINEERING FIRM OF CORNELL, HOWLAND, HAYES &
<br />MERRYFIELD, WHOSE DECISION WILL BE BINDING.
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<br />2. THE CONTRACT PROVIDES THAT THIRTY-FIVE (35) DA~S AFTER THE FINAL COMPLETION OF
<br />THE WORK AND ITS ACCEPTANCE BY THE CITY, WARRANTS FOR THE CONTRACT PRICE SHALL BE
<br />ISSUED TO THE CONTRACTOR. THIS SHOULD BE CHANGED TO PROVIDE THAT PAYMENT SHALL BE
<br />MADE AS SET FORTH IN THt SPECIFICAT~ONS (GENERAL CONDITION XII, FI, F2).
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<br />3. THE CONTRACT FURTHER PROVIDES THAT THE CONTRACTOR SHALL GIVE PREFERENCE TO LOCAL
<br />LABOR. .IT IS THE INTENTION OF THE CONTRACTOR TO BRING ITS OWN EQUIPMENT OPERATORS
<br />AND SOME PIP LAYERS, FOR THE REASON THAT THESE PEOPLE ARE SPECIALISTS AND PROBABLY
<br />COULD NOT BE LOCALLY REPLACED. LABOR OTHER THAN SPECIALISTS WILL BE HIREDLOCALLY
<br />IF THE SAME AREAVAILABLE.
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<br />EXCEPT AS ABOVE SET FORTH THE ABOVE FORM OF CONTRACT IS SATISFACTORY. IF THIS IS
<br />ACCEPTABLE AS AN ADDENDA TO THE CONTRACT, THE SAME MAY BE EXECUTED ON BEHALF OF THE CITY,
<br />AND ATTACHED TO THE CONTRACT WITH THAT UNDERSTANDING."
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<br />COMMUNICATION DATED MARCH 25, 1960 FROM E. B. SfI,HLSTRDM, ATTORNEY, CONCERNING ASSESSMENT OF
<br />WARREN C. WILEy AND GENE B. WILEY WAS PRESENTED AND READ AS FOLLOWS:
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<br />"THE FOLLOWING OBJECTIONS ARE HEREBY MADE TO YOUR "NOTICE OF ASSESSMENT", NUMBER 712(3),
<br />ADDRESSED TO OUR CLIENTS, WARREN C. WILEY AND GENE B. WILEY, 2391 FLORAL HILL DRIVE, EUGENE,
<br />OREGON.
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<br />(I) THE ASSESSMENT DOES NOT BENEFIT THE PROPERTY AFFECTED IN THE AMOUNT or $3,596.08.
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<br />(2) THE SEWER IMPROVEMENT WILL BENEFIT OTHER LANDS WITHIN THE ASSESSMENT DISTRICT IN
<br />AN AMOUNT SUBSTANTIALLY IN EXCESS OF ANY BENEFIT TO THE LAND OWNED BY MR. AND MRS.
<br />WILEY.
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<br />(3) THE METHOD OF COMPUTING OUR CLIENTS' ASSESSMENT IS UNFAIR AND ARBITRARY WITH RELA-
<br />TION TO THE BENEFIT TO THEIR PROPERTY AS COMPARED WITH THE B~EFIT TO OTHER SUR-
<br />ROUNDING PROPERTIES.
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<br />(4) THE "SEWER IMPRO~EMENT'I IS NOT PRESENTLY e6ED~BY MR. AND MRS. WILEY AND THEY DO
<br />NOT CONTEMPLATE USING IT IN THE FORSEEABLE FUTURE BECAUSE THE COST OF CONNECTION
<br />TO THE SEWER FROM THE WILEY PROPERTY WOULD BE PROHIBITIVE."
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<br />IT WAS MovED BY MR. MOYER SECONDED BY MR. SHEARER THAT THE COMMUNICATION BE RECEI.VED AND PLACED ON
<br />FILE. MOTION CARRIED.
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<br />AT THIS POINT COUNCILMAN MCGAFFEy AND CHATT LEFT THE MEETING.
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<br />ORDINANCES
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<br />COUNCIL BILL No. 4834 - RE: LEVYING ASSESSMENTS FOR PAVING PIERCE STREET FROM 18TH AVENUE TO 23RD
<br />AVENUE, SUBMITTED .AND READ THE FIRST TIME IN FULL ON FEBRUARY 23, 1960 AND HELD OVER fOR PROPER NOTICE
<br />OF ASSESSMENT TO BE GIVEN OWNERS OF AFFECTED PROPERTY, WAS BROUGHT ON FOR CONSIDERATION ON MARCH 14,
<br />1960 AT WHICH TIME ONE WRITTEN PROTEST AND ONE VERBAL PROTEST BEING MADE OF RECORD THE BILL WAS HELD
<br />OvER UNTIL THE FULL COUNCIL WAS PRESENT, AFTER HAVING BEEN READ THE SECOND TIME BY COUNCILBILL NUMBER
<br />ONLY WITH UNANIMOUS CONSENT OF THE COUNCIL.
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<br />IT WAS MovED BY MR. SHEARER SECONDED BY MR. SWANSON THAT THE BILL BE READ THE THIRD TIME BY
<br />COUNCIL BILL NUMBER ONLY, WITH UNANIMOUS CONSENT OF THE COUNCIL. MOTION CARRIED'UNANIMOUSLY AND THE
<br />BILL WAS READ lHE THIRD TIME BY COUNCIL BILL NUMBER ONLY.
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<br />MESSRS; HEIN AND ANOERSON, PROPERTY OWNERS TO BE ASSESSED FOR THE PAVING OF PIERCE STREET,
<br />APPEARED BEFORE THE COUNCIL. MR. HEIN AGAIN PROTESTED THE ASSESSMENT fOR THE REPLACEMENT OF HIS
<br />HOUSE SEWER SERVICE ALLEGING THIS WAS BROKEN INTHE COURSE OF CONSTRUCTION, THAT THE SEWER HAD GIVEN
<br />NO PROBLEMS BEFORE THE STREET CONSTRUCTION AND THAT IN!\HIS OPINION THE CONTRACTOR OR THE CITY SHOULD
<br />BE LIABLE FOR THIS COST. MR. ANDERSON APPEARED TO PROTEST THE COST OF THE REPLACEMENT OF HIS HOUSE
<br />SEWER CONNECTION ON THE SAME THESIS AS THAT ADVANCED BY MR. ,HEIN
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<br />SOME DISCUSSION WAS GIVEN IN THE COUNCIL ON THIS SUBJECT, AND IT WAS MOVED BY MRS. LAURIS
<br />SECONDED BY MR. MOLHOLM THAT THE BILL BE AMENDED PROVIDING FOR THE CITY'S PAYING ONE-HALF THE COST
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<br />Of THE HOUSE SEWER CONNECTION FOR MESSRS. HEIN AND ANDERSON.
<br />
<br />THE DIRECTOR OF PUBLIC WORKS~AD A LETTER WHICH HE HAD SENT TO MR. HEIN INDICATING THE CITY HAD
<br />ABSORBED A PORTION OF THIS COST SINCE THEY HAD ASSESSED THE HEIN PROPERTY ON THE BASIS OF THE BID
<br />COST, BUT THE JOB HAO ACTUALLY cosy MORE THAN THIS SINCE THE CITY'S SPECIFICATIONS SET THE RATE AT
<br />COST PLUS 10% FOR REPLACEMENT OF SUCH INDIVIDUAL, SEWER CONNECTIONS.
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