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.164 2/27/61 e ~ COUNCIL CHAMBER: EUGENE, OREGON. FEBRUARY 27, 1961 THE REGULAR MEETING OF THE COMMON COUNCIL OF THE CITY OF EUGENE,WAS HELD ON FEBRUARY 14, 1961 AND ADJOURNED TO FEBRUARY 27, 1961 AT 7:30 PM IN THE COUNCIL CHAMBER. THE MEETING WAS CALLED TO ORDER BY HIS HONOR MAYOR E. E. CONE WITH THE"fOLLOWING COUNCILMEN PRESENT: MRS. LAURIS, MESSRS. MOLHOLM, CHATT, MOYER, WILSON, SWANSON, CHRISTENSEN AND DEVERELL. THE INVOCATION WAS GIVEN BY REV. WAYNE KOBES. INTRODUCTION OF NEW BUSINESS IT WAS MOVED BY MRS. LAURIS SECONDED BY MR. MOLHOLM THAT THE COUNCIL ENDORSE THE PRINCIPLE OF PRO- POSED STATE STATUTE TO ALLOW CITIES TO BUILD CONTROLLED ACCESS EXPRESSWAYS. SOME DISCUSSION WAS HAD ON THIS SUBJECT DURING WHICH.COUNCILMAN WILSON STATED HE BELIEVES THE LOCAL TAXPAYER FUNDS SHOULD BE USED FOR CONSTRUCTION OF ARTERIALS, THROUGH STREETS AND OTHER GENERAL STREETS ,WITHIN THE CITY, THAT CONTROLLED ACCESS EXPRESSWAYS SHOULD BE A STAT-E PROBLEM"AND THE ENACT- MENT OF A.LAW ALLOWING CITIES'TO BUILD CONTROL'LED ACCESS EXP.RESSWAYS MIGHT:HINDER THE ABIL'lTY OF THE CITIES TO GET FEDERAL OR STATE FUNDS FOR SUCH CONTROLLED ACCESS STREETS. ( MAYOR CONE STATED HE COULD NOT SEE WHERE STATE OR fEDERAL GOVERNMENTS WOULD BE ABLE TO SOLVE THIS PROBLEM AND THAT FUNDS FOR CONSTRUCTION OF CONTROLLED ACCESS STREETS WITHIN CITIES ARE LIMITED. HE ALSO STATED 'THAT IF SUCH,A LAW WERE ENACTED, THE PEOPLE WITHIN THE CITIES. WOULD HAVE FINAL CONTROL AS TO WHAT THE FUNDS WOULD BE:SPENT FOR. ON VOTE, THE MOTION CARRIED WITH COUNCILMEN WILSON AND CHRISTENSEN VOTING NAY. 2 A COMMUNICATION DATED FEBRUARY 27, 1961 FROM THE WHITEAKER P.T.A. WAS READ IN FULL IN WHICH IT WAS REQUESTED THE COUNCIL RECONSIDER ITS DECISION TO PERMIT THEESTABLISHMENT.OF A MISSION HOUSE FOR TRAN- SIENTS ON 2ND AVENUE. THE P.T.A. EXPRESSED A BELIEF THAT.THE.MI'SSION WOULD BE DETRIMENTAL TO THE WELL~ BEING OF THE MANY CHILDREN RESIDING IN THE AREA, THAT ITS,PROXIMITY WOULD ENCOURAGE LOITERING, AND.THAT THE P.T.A. IS CONCERNED REGARDING THE SAFETY OF THE CHILDREN. THE P.T.A. PROTESTED THE ESTABLISHMENT OF THE MISSION INDI.CATING THEY ARE CONVINCED SUCH AN ESTABLISHMENT WOULD PLA~E THE CHILDREN IN JEOPARDY. THE CITY MANAGER EXPLAINED RECONSIDERATION OF THE LOCATION OF THE MISSION WAS POSSIBLE IF SOMEONE WHO HAD VOTED FOR ITS APPROVAL WERE TO MOVE FOR. RECONSIDERATION, AND THAT SUCH MOTION WOULD TAKE A TWO-THrRDS MAJORITY VOTE TO CARRY. No SUCH 'MOTION '\IlASSF"ORTHCOMING. IT WAS MOVED BY MRS. LAURIS SECONDED BY MR. CHATT THAT THE MATTER BE REFERRED TO THE COMMITTEE OF THE WHOLE. MOTION CARRIED.: 3 A REPORT FROM THE CITY ATTORNEY, REGARDING THE EXPRESSWAY CASE AND DArED FEBRUARY 27, 196) WAS READ AS FOLLOWS: "I AM HAPPY TO FORMALLY ADVISE YOU THAT JUDGE EDWARD LEAVY OF THE CIRCUIT COURT OF LANE COUNTY, OREGON, ON FRIDAY, FEBRUARY, 17, 1961, HEARD OR~L ARGUMENTS IN T,HE.ABOVE CAPTIONED CASE AND AT THE CONCLUSION THEREOF MADE THE FOLLOWING RULINGS FROM THE BENCH. 'I. THAT AS TO THE 1950 AND 1960 SERIAL LEVIES OF THE CITY FOR SJREET PURPOSES THE FACTS IN.THE TRIAL OF THE CASE DID NOT SHOW THAT THE CITY, AT THE PRE- SENT TIME, WAS INTENDING TO USE SUCH MONEYS FOR EXPRESSWAY PURPOSES. FOR THIS REASON, THE COURT REFUSED TO TAKE JURISDICTION AND RULE ON THE QUESTION 0 OF WHETHER OR NOT THE CITY HAD AUTHORITY TO BUILD AN EXPRESSWAY BECAUSE THE COMPLAIN1NG TAXPAYERS ,CONTENDED THE CITY ADMITTED THAT UNTIL ENABLING LEG1S~ LATION WAS PASSED BY THE LEGISLATURE THE CITY HAS NO AUTHORITY TO BUILD AN EXPRESSWAY. 2. THAT AS TO THE 1960 SERIAL LEVY FOR STREET PURPOSES, ALL OF THE REQUIREMENTS .OF THE STATUTE WERE MET AND THAT SAID. SERIAL LEVY WAS VALID AND ENFORCEABLE AND THAT TAXES. COULD BE LEVIED UPON 'TAXABLE PROPERTY WITHIN THE CITY TOCOL- LECT THE SAME. I AM HAPPY TO ADVISE YOU OF THE FAVORABLE OUTCOME OF THIS LITIGATION AS FAR AS THE CITY OF EUGENE I S CONCERNED. ' I MIGHT ADVISE THAT IF THE LEGISLATURE PASSES ENABLING LEGISLATION AUTHORIZING CITIES TO BUILD EXPRESSWAYS WITH LIMITEn ACCESS. RIGHTS TO ABUTTING PROprnTY OWNERS, THAT IT IS POSSIBLE THAT THE COMPLAINING TAXPAYERS IN THE CASE OF GRUMBAKER VS CITY OF EUGENE, MAY FILE ANOTHER SUIT TO CHALLENGE THE CITY'S AUTHORITY TO BUJLD: StICH AN EXPRESSWAY IN THE C.ITY OF EUGENE. I TIS MY DUTY AS YOUR ATTORNEY TO ADV I SE YOU THAT WE ARE NOT LEGALLY lIOUT OF THE WOODSlI AS FAR AS SOME OF THE LEGAL PROBLEMS ARE CONCERNED IN RE.GARD .TO THE CITY US I NG MONEYS VOTED ON PREVIOUS SERIAL LEVIES TO BUILD AN EXPRESSWAY THAT WE DID NOT HAVE AUTHORITJ TO BUILD AT THE TIME THE LEVY WAS MADE. THIS IS A LEGAL PROPOSITION THAT THESE PLAINTIFF'S HAVE URGED UPON THE COURT AND MAY URG~ UPON THE COURT AGAIN. IT IS A QUESTION THAT THE COURT WILL PROBABLY HAVE TO TAKE JURISDICTION OF AND DECIDE IN THE FUTURE." No FORMAL ACTION WAS TAKEN. ~ I - I I - II ii " 'I II II " I Ii ., 'I I, II II " e