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~ 'A e V. PAYMENT OF BILLS AND CLAIMS (distributed) Mr. Henry stated Resolution No. 3435 will be amended to include an invoice for a Circuit Court award for Southern Pacific Transportation Company vs. City of Eugene for $25,947.18. Res. No. 3435--A resolution authorizing payment of bills and claims for the period October 13, 1980, through October 27, 1980, as amended. Mr. Henry indicated that the addition was for a judicial decision from a case that began in 1970. Ms. Smith moved, seconded by Mr. Hamel, to adopt the resolution, as amended. Mr. Delay asked for clarification. Mr. Henry responded that in the 1960's, a street improvement project was undertaken for Southern Pacific. The City built the road, assessing Southern Pacific. They paid the assessment, but under protest. They took it to court and it went on to appeals court. A deci sion was reached last week. Mr. Gilman noted that this is a portion off First Avenue west of Seneca Road. The County accepted dedication from Southern Pacific in 1945 under the condition that the County or future assigns would not place charges against Southern Pacific for improvements. This land became the City's in the 1960's when they accepted jurisdiction for the annexed area. The City e was not aware of the condition and billed Southern Pacific for the street improvements. Southern Pacific paid those assessments and are now requesting reimbursement. This had gone through circuit court and the court of appeals. Mr. Delay asked why the condition had not been known. Mr. Gilman responded that this is a very unusual case and was part of the Bethel-Danebo area package when it was annexed. The City had no reason to suspect this condition. Roll call vote; motion carried unanimously. The meeting was adjourned to October 29, 1980. , Respectfully submitted, ~J~ Charles T. Henry City Manager (Recorded by Lynda Nelson) CTH:LN:sba/CM7al e MINUTES--Eugene City Council October 27, 1980 Page 6