04/24/1972 Meeting - Laserfiche WebLink

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Ii O{ David Hunt, executive director of the Renewal Agency, in answer.. to Councilmen. Teague and Hers-hner, explained the original plan with regard to alley vacations in the renewal area and what may be expected in the future. He said the co-operation agreement between the Agency and the City was not a specific requirement for this project but something' required by HUD and developed after years of working with renewal agencies on urban renewal. . Further discussion centered on long-standing policy of requiring compensation for land vacated and reverting to private ownership and distinction between the "public" or "private" benefits of this vacation. Mr. Long referred to a letter from the telephone company's counsel agreeing with the premise that the City may require removal of the company's facili- ties in return for the right to use the public right-of-way. He said under the franchise agreement the phone company has no vested property rights. Mr. Dickerman took issue with the statement that the phone company has no ;vested interest in cable that has been in the alley for about twenty years and which will cost $4100 to move ." He said he is not asking violation of any agreements or anything not legally proper, ohly that they receive fair treatment. He said there may be as many as ten more instances of. this nature where the telephone company will have the expense of moving cables after pursuing a policy for" some time of installing them in the alleys. Mr. Richards restated the franchise rights, saying they are permissive and revocable without reimbursement whenever right-of-way for public requires it. .Mr. Dickerman cited a case in Salem wherein water tanks were asked to be moved without compensation, saying opinions ex- pressed in that suit were contrary to opinions expressed here. . Mr. Hershner said in view of the philosophy to vacate public land to allow consolidation of downtown properties he would vote for the vacation without contingencies even though it would appear to be of some benefit to private ownership. In so voting, he said, he hoped the Council would still follow the policy of requiring compensation for public land vacated for private benefit outside the urban renewal project boundary. In answer to Mr. Teague, Manager said there is provision for service trucks in the area if the alley is vacated. A vote was taken on the motion to read the council bill the second time by number only, and motion carried, all councilmen present voting aye, except Mr. Williams voting no. Mr. Mohr moved seconded by Mrs. Beal that the council bill be approved and giMen final passage. Rollcall vote. All councilmen present voting aye, except Mr. Williams voting no, the bill was declared passed and numbered 16429. .. Council Bill No. 9636 - Paving streets within Loma Park Supdivision, was subm~tted and read the first time by council bill number and title only, there being no councilman re- questing that it be read in full. Mr. Mohr moved seconded by Mrs. Beal that the bill be read the ~econd time by council bill number only, with unanimous consent of the Council, and that eriactme~t ffi conside::ed ~t this time. Motion carried unanimously and the bill was read the second tlme by councll blll number only. Mr. Mohr moved seconded by Mrs. Beal that tqe bill be approved and given final passage. Rollcall vote. All councilmen present voting aye, the bill was declared passed and numbered 16430. Council Bill No. 9637 - Adopting~ans and specifications for paving ~tre~ts within Loma Park Subdivision, was submitted and read the first time by council bill number and title only, there being no councilman present requestingii:: be read in full. Mr. Mohr moved seconded by Mrs. Beal that the bill be read the ~econd time by council bill number only, with unanimous consent of the.Council and that.enactment be cODsidered ~t this time. Motion carried unanimously and the bill was read the second time by council bill number only. Mr. Mohr moved seconded by Mrs. Beal that t~e bill be approved and given final passage. Rollcall vote. All councilmen present voting aye, the bill was declared passed and numbered 16431. . Council Bill No. 9638 - Construction. of sanitary and storm sewerS within Loma Vista Park Subdivi~ion, submitted and readthe first time by council bill number an9. title only there being no councilman requesting it be read in full. Mr. Mohr moved seconded by Mrs. Beal that the bill be read the second time by council bill number only , with unanimous consent of the. Council, and that enactment be cons idered at this time. Motion carried unanimously and the bill was read the" second time by council bill number only. Mr. .Mohr .moved Rollcall vote. mimhered 16432. seconded by Mrs. Beal that the bill All councilmen present voting aye, . 4. . . /1 be approved and given final passage. the bill was declared passed. and ~- ,~- :-,", "' 4/24/7? - 1"1