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<br />5/9/60
<br />
<br />40'1~
<br />
<br />IT WAS MOVED BY MR. SHEARER SECONDED BY MRS. LAURIS THAT THE REPORT OF THE CITY ATTORNEY BE RECEIVED
<br />AND PLACED ON FILE AND THE PROPER CITY OFFICIALS AUTHORIZED TO PAY THE JUDGMENT IN THE AMOUNT OF
<br />$7,660.72 AND THE HIRST TRANSCRIPT FEE IN THE AMOUNT OF $141.00, AND THAT THE FUNDS FOR SUCH PAYMENT
<br />BE TAKEN FROM THE SEWAGE DISPOSAL rUND. ROLLCALL VOTE. ALL COUNCILMEN PRESENT VOTING AYE, MOTION
<br />CARRIED.
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<br />
<br />IT WAS MOVED BY MR. SHEARER SECONDED BY MR. McGAFFEY' THAT ITEM I OF THE COMMITTEE REPORT BE APPROVED.
<br />MOTION CARRIED.
<br />
<br />"
<br />
<br />A REPORT FROM THE CITY ATTORNEY WAS SUBMITTED AND READ AS FOLLOWS:
<br />
<br />"RE: LEE HOHMAN, PLAINTIH V. CITY oF' EUGENE, DEFENDANT
<br />LANE COUNTY CIRCUIT COURT CASE #50944
<br />
<br />THE ABOVE CAP~IONED CASE IS THE FINAL DETAIL TO THE COMPLETION OF THE CONTRACT
<br />DATED JULY 14, 1952, BETWEEN THE CITY OF EUGENE AND LEE HOFFMAN, TO CONSTRUCT THE
<br />CITY SEWAGE TREATMENT PLANT. THE CASE AROSE OUT OF THE WITHHOLDING BY THE CITY OF
<br />EUGENE Of THE SUM Of $4,150.00 AS LIQUIDATED DAMAGES AND PENALTIES FOR THE ALLEGED
<br />fAILURE Of HOFFMAN TO COMPLETE THE SEWAGE TREATMENT PLANT IN ACCORDANCE WITH THE
<br />TIME PROVIDED IN THE CONTRACT, AND ALSO CERTAIN DISPUTED CLAIMS ARISING OUT OF THE
<br />CONSTRUCTION OF THIS SEWAGE TREATMENT PLANT. THE TOTAL CLAIM Of MR. HOfFMAN WAS
<br />fOR $10,479.99.
<br />
<br />THIS SUM WAS NOT PAID UPON THE PROfESSIONAL ADVICE OF OUR CONSub'NG ENGINEER,
<br />THE ENGINEERING FIRM OF CORNELL, HOWLAND, HAYES AND MERRYFIELD. THE City WAS UNABLE
<br />TO MAKE A COMPROMISE SETTLEMENT OF THIS CLAIM AND THE CASE WAS TRIED IN THE LANE
<br />COUNTY CIRCUIT COURT ON rEBRUARY 23 TO 25 INCLUSIVE OF 1960. THE CASE RESULTED IN
<br />A JUDGMENT AGAINST THE CITY IN THE SUM OF $6,408.02, AND THE COURT DENIED MR. HOFFMAN'S
<br />CLAIM IN THE ADDITIONAL SUM Of $4,071.97.
<br />
<br />I WOULD RECOMMEND THAT THE CITY AUTHORI,ZE THE PAYMENT OF THIS JUDGMENT AND THAT
<br />THE FUNDS BE TAKEN fROM THE SEWER USER fUNDS AND THAT THE PAYMENT Of THIS JUDGMENT
<br />BE CHARGED TO THE CAPITAL INVESTMENT IN THE SEWAGE DISPOSAL PLANT.
<br />
<br />THE ABOVE JUDGMENT CONSISTS OF SEVERAL ITEMS. AMONG THEM THE CONSULTING ENGINEERS
<br />MIGHT BE RESPONSIBLE FOR PAYMENT OF $2,258.02. HOWEVER, IN VIEW OF THE FACT THAT THE
<br />CONSULTING ENGINEERS AT ALL TIMES WERE ACTING AS AGENTSON BEHALF Of THE CITY OF EUGENE,
<br />AND WERE PROTESTING THE INTERESTS OF THE CITY Of EUGENE, , WOULD RECOMMEND THAT THE
<br />CITY PAY THE ENTIRE JUDGMENT. THE CONSULTING FIRM Of ENGINEERS IS NOT A PARTY DEfENDANT
<br />IN THIS SUIT AND THE JUDGMENT MUST BE PAID BY THE CITY. THE QUESTION WHETHER OR NOT
<br />THE CITY WOULD ASK fOR A CONTRIBUTION rROM THE CONSULTING ENGINEERS IS A POLICY MATTER
<br />foe THE COUNCIL TO DECIDE UPON."
<br />
<br />JUDGMENT IN THE ABOVE CASE IS AS fOLLOWS:
<br />
<br />JUDGMENT ON fOUR
<br />INTEREST ACCRUED
<br />COURT COSTS
<br />TOTAL REQUIRED
<br />
<br />$ 6,408.02
<br />1,203.50
<br />49.20
<br />$ 7,660.72
<br />
<br />COUNTS
<br />TO DATE
<br />
<br />TO SATISfY JUDGMENT
<br />
<br />To DONALD RAY HIRST FOR TRANSCRIPT
<br />OF TESTIMONY or RODERICK
<br />
<br />141.00
<br />
<br />REPORTS or COMMITTEES
<br />
<br />A REPORT Of THE COMMITTEE MEETING HELD APRIL 29, 1960 WAS SUBM1TTED AND READ AS fOLLOWS:
<br />
<br />"PRESENT: MAYOR CONE; COUNCILMEN LAURIS, MOLHOLM, MCGAFfEY, CHATT, MOYER, WILSON /ND SWANSON;
<br />CITY MANAGER; CITY RECORDER; DIRECTOR OF PUBLIC WORKS; TRArFIC ENGINEER; ADMINI-
<br />STRATIVE ASSISTANT; FRED BRENNE, CHAMBER Of COMMERCE; MRS. NIVEN, EUGENE PLANNING
<br />COMMISSION; DAN WYANT, EUGENE REGISTER-GUARD; AND INTERESTED CITIZENS.
<br />u' C
<br />OFfER Of MR. AND MRS. CARL B. SAUNDERS TO SELL TO THE CITY RIGHT-Of-WAY rOR OPENING 38TH
<br />AVENUE BETWEEN WILLAMETTE STREET AND WATKINS ROAD - A REPORT FROM THE DIRECTOR Of PUBLIC
<br />WORKS AND A MAP SHOwiNG THE PROPOSED PROPERTY REQUIRED FOR 38TH AVENUE WAS SUBMITTED TO
<br />THE COMMITTEE AS WAS ~ LETTER rROM MR. AND MRS. CARL SAUNDERS WHICH REQUESTED PAYMENT Of
<br />$1000 FOR T~~ NEtESSARY 50' RIGHT-Of-WAY TO BRING THE SEWER AND PAVED STREET, WEST 38TH'
<br />AVENUE, TO WATKINS ROAD.
<br />
<br />IT WAS LIKEWISE EXPLAINED THAT BECAUSE OF THE PECULIARITIES Of PROPERTY OWNERSHIP AND
<br />BUILDINGS WHICH EXIST IN THE AREA, IT IS NECESSARY THAT A fULL 50' RIGHT-OF-WAY COME
<br />fROM THE SAUNDERS PROPERTY WHERE NORMALLY ONLY ONE-HALF or SUCH RIGHT-Of-WAY WOULD BE
<br />DEDICATED BY ANY ONE PROPERTY OWNER. IT WAS fURTHER POINTED OUT THAT THE PROPOSED
<br />LOCATION IS THE ONLY FEASIBLE METHOD OF EXTENDING 38TH AVENUE TO WA$:J;INS LANE.
<br />
<br />THE COMMITTEE HELD SOME DISCUSSION ON THIS ITEM AND IT WAS RECOMMENDED THAT A COUNTER-
<br />orfERBE MADE IN THE AMOUNT Of $500 FOR THE NECESSARY RIGHT-OF-WAY fOR 38TH AVENUE TO.
<br />EXTEND SUCH AVENUE TO WATKINS LANE, IT BEING THE COMMITTEE'S BELIEF THAT UNDER NORMAL
<br />CIRCUMSTANCES THE PROPERTY OWNER WOULD HAVE BEEN REQUIRED TO DEDICATE ONE-HALf Of THE
<br />50' RIGHT-Of-WAY. MOTION CARRIED UNANIMOUSLY.
<br />
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