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02/26/1968 Meeting
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02/26/1968 Meeting
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City Council Minutes
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2/26/1968
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<br />e <br /> <br />I <br /> <br />e <br /> <br />1 <br /> <br />. <br /> <br />I <br /> <br />e <br /> <br />. <br /> <br />I <br /> <br />e <br /> <br />~ <br /> <br />77 <br /> <br />2/26/68 <br /> <br />1 <br /> <br />5. Bids, City property at 1290 West 28th, Opened February 1, 1968 - The Finance Department <br />recommended acceptance of the high bid submitted by E. J. Burns in the amount of <br />$3,850.00. Total liens against the property total $2,483.87. Mr. Wingard moved <br />seconded by Mr. McDonald to sell the property to Mr. Burns on his bid price. Motion <br />carried. <br /> <br />Mr. Anderson moved seconded by Dr. Purdy that Item 5 of the Committee report be received and filed. <br />Motion carried. (Action taken under Bids.) <br /> <br />2 <br /> <br />6. Parking Prohibition, Oak between 16th and 17th - Mr. Harry Jacobs requested con- <br />sideration of parking prohibition in this block to facilitate egress onto Oak Street <br />from Winn & Co. 's parking lot. He said such prohibition would remove only four <br />parking spaces. The City Manager said the Traffic Engineer would investigate and <br />bring back a report. <br /> <br />Mr. Anderson moved seconded by Dr. Purdy that Item 6 of the Committee report be received and filed. <br />Motion carried. <br /> <br />3 <br /> <br />7. Alcoholic Beverage License, Jones Market -Submitted by Marvin E. and Bernice L. Jones <br />for Package Store Class B license (change of ownership-formerly Wilson's Market) at <br />347 West 12th, approved by the Police Department. Mr. McNutt moved seconded by <br />Mr. McDonald to recommend approval. Motion carried." <br /> <br />Mr. Anderson moved seconded by Mr. Lassen that Item 7 of the Committee report be approved. Motion <br />carried. <br /> <br />Committee meeting held February 15, 1968: <br /> <br />"Present: Mayor Cone; Councilmen Lauris, Purdy, McNutt, Lassen, Hayward, McDonald, and <br />Wingard; City Manager and staff; and others. <br /> <br />4 <br /> <br />1. Study Committee, Local Sales and Income Tax - In line with the suggestion made by <br />Mayor Cone in his annual message for 1968, the Council was asked to authorize ex- <br />ploration of formation of a committee composed of representatives from Eugene, <br />Springfield, and Lane County for a study of the feasibility of a Countywide income <br />or sales tax. The formation of such a committee would not entail any expense, <br />merely authorize exploration of methods of levying such taxes. Mrs. Hayward <br />moved seconded by Dr. Purdy to examine the possibility of a joint study committee <br />as recommended. Motion carried. <br /> <br />Mr. Anderson moved seconded by Mr. Lassen to approve Item 1 of the Committee report. Motion carried. <br /> <br />5 <br /> <br />2. Shining Star Animal Welfare League - Mrs. Wilson asked the Council's help in publi- <br />cizing the League's spaying program. She also requested that the Council ask the <br />Lane Humane Society not to give out any unspayed female dogs. General discussion <br />followed concerning the Humane Society's practice, City funds budgeted for dog con- <br />trol, and possibility of obtaining co-operation of veterinarians in the area in a <br />spaying program. No action was taken. <br /> <br />Mr. Anderson moved seconded by Mr. Lassen to receive Item 2 of the Committee report and place on file. <br />Motion carried. <br /> <br />6 <br /> <br />3. Christensen Attorney Fees, Fire Fighters Association - The City Manager reviewed <br />events leading to the Fire Fighters request for payment by the City of attorney <br />fees for pursuing Mrs. Leland Christensen's claim for double indemnity payment of <br />$7,000.00 as the result of the death of her husband while fighting the 1966 Kendall <br />Fora fire. The Aetna Life Insurance Company claimed death was due to a heart con- <br />dition and denied double indemnity. Mrs. Christensen, upon advice of the Fire <br />Fighters, filed suit for the claim, retaining the Fire Fighters' attorney to plead <br />the case. The Insurance Company subsequently settled the claim out of court for <br />the full $7,000.00, but claim for attorney fees of $2,500.00 was not recovered, and <br />Mrs. Christensen was required to pay $2,358.83 to the Fire Fighters' attorney. <br /> <br />. <br /> <br />A letter from John Collins, personnel director at the time of the claim, was read <br />concerning a meeting of City personnel and Mrs. Christensen wherein Mrs. Christensen <br />was advised the City had no further legal responsibility, and that since she was the <br />beneficiary under the policy, she would have to pursue the claim. The City could <br />not file a claim as third party. The City Manager said the City's position primarily <br />is that if there was a question about the City's obligation to go further, the <br />question should have been raised at that time. He said the City had no part in <br />selection of attorneys nor in the law suit itself or its settlement. <br /> <br />The City Attorney reviewed his office's involvement in the case and advice given <br />Mrs. Christensen at the time the claim was discussed with her. His opinion was <br />that'the City has' no moral or legal responsibility to pay the attorney fees and <br />recommended that the Fire Fighters Association pay the fees inasmuch as they ac- <br />knowledged they hired the law firm to handle the case for Mrs. Christensen. <br /> <br />Patrick Flynn, speaking for Local 851 Fire Fighters, said the Fire Fighters position <br />is that Mrs. Christensen did not have anyone to represent her at the meeting with <br />City personnel, that the City was at fault in not advising Mrs. Christensen the <br /> <br />2/26/68 - 15 <br /> <br />..... <br />
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