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HomeMy WebLinkAbout04/09/1934 Meeting /-}... -. j ,~ 269 -- - ~.- -~ -- ---.-- -- +~~ _._----~.-~- - -. -- ------ - ..-- -- - -------~._. ~--~.- ~------- _ c ____ _ _. _._. _ _~_ _ _ Council Chambers,' Eugene, Oregon. April 9, 1934. I Minutes of the regular meeting of the ,Common Council held at the hour of 7:30 o'clock P.M., April 9, 1934. Council was called to order by Mayor Large, with all Councilmen present. {',.j ~ "~\U4i1 , ,"-,..,,,,,, ...~ e: Minutes of the Special meeting of March 6th, the regular meeting of March 12th, and the adjourned meeting of March 26th, 1934 were read and approved. Mr. Cully and Mr. Ransom representing the Chamber of Commerce urged that the City provide a site on whic~ the State Highway Commission may construct a general office and garage building, which will serve the maintenance of the McKenzie Highway to Vida, the Pacific Highway from Junction to Cottage Grove, and the Willamette Highway to Lowell; and a communication from the Division Engineer stating further the requirements of the Highway Commission, was read, and a site p~oposed, covering Lots 1 to 7 of Block 1, T~shner's Addition was discussed. The m~tter was referred to Councilmen Lamb, Hendershott, and Engineer Clubb to confer w~th the Chamber. of COlnmerce Committee and 1~. Baldock, State Highway Engineer. The request of the Eugene Fruit Grower's Association to set an anchor stub o~ the margin of Ferry Street about 100 feet South of the Railroad track was g~anted, provided the stub be 15 feet high. The Council authorized the issuance of a permit to Stocker and Costelloe to w~eck the old sigh lli1d install a new sign in its place at the Eugene Hotel. , The Judiciary Committee was granted further time, with authority to settle M~s. Edblom's claim for Polk Street property ,taken for street purposes, provided that the Committee finds that she has title to this property. , The claim of Johnie Briddell of 1551t Oak Street, for damaged automobile tire by an alleged hole in the street at 15th and Patterson Streets, was retained bJ the Finance Committee for investigation. I , c - irhe following plan was submitted by the F'inance COC1IDlittee for payment of purchases of'Aviation tracts: "The Finance Committee recommends the payment by the City for the Wilkins tract and the Bean-Friendly tract, purchased for Aviation field purposes by warrants drawn on the Aviation Fund as follows: Warrants to be registered by the Treasurer t. the payees in alternate order so that each will participate as near equally as practical as the tax money is collected and warrants called: Wiltins 1. $800.00* 3. 250.00 5. 250.00 7.195.51 Friendly-Bean 2. $800.00* 4. 250.00 6. 250.00 8. 250.00 9. 250.00 10. 250.00 11. 250.00 12. 273.00 .:;p2573.00 ,.. 13. 904.49 i;p2400.00 *Cash is available to pay these at once. After warrant numbered 7 (for this explanation only) warrants indicated by Nos. 8 to 12 inc. will be paid off in order before warrant indicated as 13. Harrant 13 will be acce pted by the Ci t Y l:n 'payment of Ci ty Liens against Mr. Wilkins propertJr and held by ImjJrovement Bond Sinking Fund for payment out of Tax collections after payment of all previous \1varrants. II Motion was made and seconded that the plan be approved, and the ayes and nays were called, Councilmen voting aye 8, nay none, absent none. I The Finance Committee, by Chairman Hendershott, reported the list of securities held by the Treasurer from Depository Banks, and stated they are deemed satisfactory. The Finance Committee, by Chairman Hendershott, reported the following bills to the Council with a recommendation that they be allowed, and motion was made, seconded and carried that warrants be drawn for same. The ayes and nays were called, Councilmen voting aye 8, nay none, absent none: . ~ ~, -."..';;.....- ~ ~ ~-- 270 : -: GENERAL BOND INTEREST FU1\fD F. Vlentworth, T rea sure I' '.~ J/ F. liven twor t h, Treasure I' i'-"{ Jl " F. Wentworth, Treasurer ~;...SJ,.,1 ,.....{ , F. '1[en tworth, Treasurer F. '.'1en tworth , Treasurer 687.50 675.00 125.00 F. Wentworth, Treasurer F. Wentworth, ~reasurer HIPROVEI\tENT BOND nTTEREST FUND ]". :11entworth, rr reasurer 4252.53 1480.60 AVIATION FIELD LEVY FUND F. Wentworth, Treasurer I Aetna 'Life Ins. Oompany I Hedley Holeman II Grant McClure I Jack Dawson Pi Kappa Alpha Northwest Cities Gas Co. I Security Warehouse CO. I! Urs. H. H. Femlell 11 Manning Le 0 nar d Andy Haynes II Central H,eating Co. I Hanson Blue Print Co. Eugene \'!ater Board I, Tromp & l\lcKinley Agency II 'Uestinghouse Elec tric Supply CO. I! Eu€:~ene Steam Laundry :1 G ranze I' ' S r Kuykendall Drug Co. 1'111 northwest Cities Gas Co. Firestone Service Stores Inc. I Imperial Lunch I Elmer Kardell I Roy Stien I Clark 3attery & Electric II A. C. Haag & Co. Laneco Battery Factory I Ed Jensen O. K. Auto wreckers Standard Oil Company Southern Pacific Co. Eugene ,Mill & Elevator Farmer's Union Warehouse Co. Elmer Harlow Hendershott's Gun Store III. G. Kelso Williams Bakery American Brush Co. 500.00 89.46 107.90 4.00 5.00 5.00 10.00 5.00 6.00 5.00 5.00 15 . 00 15.35 71.34 31.85 8.92 10.67 2.00 20.40 8.79 2.50 11.50 13.90 3.40 23.51 4.72 7.00 5.17 10.00 18.89 5.00 9.00 2.90 40.14 3.25 18.90 2.65 26.76 GENERAL Scobert Warehouse Co. Waldorf Paint Co. Dr. E. D. Furrer Eugene Water Board Eugene V.Jater Board Eugene Water Board Eugene ~later Board Euzene Water Board EuGene Morning News Eugene Register Guard State Industrial Acc. Comm. Lane County Soults-MacDonald Lbr. Co. Twin Oaks Lumber Co. C. P. Tillman Co. Eugene Public Library Central Heating Company 1~gene Water Board Jesse J. Godlove Cressey's Pacific Tel. & Tel. Co. Coe's Simmons Company Shell Oil Company Associated Oil Co. Carlson, Hatton & Hay :B,~gene VIa tel" Board Union Oil Company i:lestern Auto Supply Co. R. A. Babb Hardware Col Eugen e P lanicng IE.1:1 EuBene Sand ,& Gravel Oregon Supply Co. Strobel & Micller Veltl.lm & Clow Midgley Planing Mill Co. F. Wentworth, Treasurer Korstad's Service '1 ~ -- - -------------~----- -, - 450.00 1125.00 3660.80 3.00 1.55 35.00 25.80 125.00 750.00 750.00 673.46 7.19 8.95 162.58 40.00 '6.42 1.76 74.84 405.00 25.29 13.67 1.75 5.75 17.00 1.75 9.91 175.89 36.00 18.39 6.84 163.37 7.44 69.92 11.46 18.75 20.30 1.00 24.95 24.86 85.43 25.00 Chairman Zumwalt o~ the Health Committee stated there was no report to make on the condition of the building at the Southwest cornel' of 8th and Washington Streets. Dr. Simon, Chairman of the Police Committee, reco~nended that the Police be instructed to give notice of enforcement of the over-time parking regulation on City streets, and after sufficient notice that the parking laws be enforced. On motion the recommendation was adopted by the Council. The Police Committee also recommended the approval 'of the applications of Stella I. Lybarger for Re tail Beer lic ense at 61 We st lOth Ave., and Bray & BOlmey for Beer license at the old location on Park Street, formerly operated as Jake's place. On motion the Council approved these applications. I II ii II II II I, Ii Ii If I ~ .J A communication from the City Board of Health, relating to unsanitary vaults throughout the C it Y , particularly VIi th ref ere nce to ri ver fron tags along the Ferry street Bridge and now serving a transient population, was l'ead, and Councilman Reid moved that the Recorder notify the m1eene Sand & Gravel Company to clean up these premises by May 1st. ApP.1.ication of Hr. and l;lrs. R. C. Rush for Dance Hall license at 24 West 7th Ave., approved by Chief Berga~n, was ordered granted when the fee is paid. Reports of the Police Department, City Engineer, Fire Chief, and Public Library were placed on file. , .. I .",., , . I . I . .,'~~~ ~ r' ~ 271 .. I An Offe~ of the H. L. Studley Estate to exchange thei~ 8.845 ac~es adjoining the Tschanz p~ope~ty on South willamette St~eet fo~ the City's inue~est in Lot 1, Block A, Mayhew's Addition was ~eferred to the Finance Committee fo~ recommendation and ~epo~t. tV \""N The Reco~de~ repo~ted ~,pplicat ions as follows fo ~ ~e bonding delinquent assessments: . 't-wa. / dO , ~ No. Name Amount 283 284 285 286 287 288 L. E. and Ve~nita H. Bellman John A. and Maud Bowers Eldon B. and Casandra N. Hill Ray Woodruff Jenkins P. E. and Cla~iece E. Warner P. E. and Clariece E. Wa~ne~ $162.31 426.80 471.72 455.51 359.24 168.03 ~. " On motion of the Council, duly seconded and ca~ried, the apP'li~ations we~e app~oved . The request was presented in behalf of the 1ugelle Water Board for a unifo~m charge for paving cuts. The City Enginee~ advised the Council that $5.00 was a ~easonable charge for repairing these paving cuts, and a motion was made and seconded that the City make a uniform charge of $5.00 for each 3' x 3' or smaller paving repair. The motion was carried. A motion was made, seconded and carried that the Mayor and Recorder be instructed to sign the agreement with the Southern Pacific Company in triplicate for easement at the intersection of Broadway and F~anklin Bilivd. EASEMENT AGREE1ffiNT This indenture, made' this lOth day of April, 1934, between Southern Pacific Company, a. corporation of the State of Kentucky, herein termed "First Party", and the City of Eugene, a municipal corporation, herein termed rrSecond Party", I WIT N E SSE T H: That First party hereby grants to Second Party (subject to the conditions hereinafter contained) the right to construct and maintain a highway upon and across that certain parcel of land situated in the City of Eugene, County mf Lane and State of Oregon, lying within the r.ailroad ~ight of way of First Party, and described as follows, to-wit: Beginning at the intersection of the South line of East Broadway in Eugene, Oregon, and the Northerly right of way line of the Southern Pacific Company. .' Thence South 51 degrees 39' East, along the Northe~ly right of way line of said Southern Pacific Company, a distance of 222.50 feet; thence North 54 degrees 43' West, a distance of 182 feet; thence on a 179.1 foot radius curve left (the long chord of v'1hich cuI've bears North 72 degl'ee s 21' 30" West) a di stance of 110.26 feet to the South line of East Broadway; thence East along said South line a distance of 77.57 feet to the point of beginning. Containing 0.05 acres, mo~e or less. Said parcel is outlined in pink on the blue print Portland Division DWG 'P 8016 hereto attached, marked exhibit IlAll and made a part he~eof. I This grant is subject and subordinate to the p~ioI' and continuing right and obligation of First Party and its successors to use and maintain its entire railI'oad .right of way and property in pe~formance of its public duty as a common carrier, and is also subject to the right and power of First Party and its successors in interest or owne~ship of the waid rail~oad right of way and prope~ty, to construct, maintain, use and operate, on the p~esent or other grade, existing o~ additional ~ailroad t~acts and appu~tenances the~ebo, including wate~ and fuel pipe lines and conduits, and teleg~aph, telephone, signal, power and othe~ electric lines, and other ~ail~oad facilities and stl'Uctu~es of any kine upon, along o~ ac~oss any o~ all pa~ts of said land above desc~ibed, all or any of which may be freely done at any time or times by First Party or its successors without liability to Second Party or to anyone else fo~ compensation or damage. '. ~ ~272 . And shouldcSecond Party at any time abandon tNe use of the said land or any part thereof, or fail at any time to use the same for said purpose for a continuous period of one year, the right hereby given shall cease to the extent of the use so L abandoned or discontinued, and first party shall at once have the right, in ~~ addition to but not in Qualification of the rights hereinabove reserved, to resume ~~ exc~usive possession of the said land, or the part thereof the use of which is so v: discontinued or abandoned. I Second Party shall construct or cause to be constructed said highway and keep or cause ,to be kept the same in good condition and repair on the premises hereinabove describe'd as long as the same shall be maintained ,thereon, including any and all paving thereof at its sole cost and expense, and in thi s behalf agrees to indemnify and save harmless First Party against any and all such cost or expense. This instrument is, subject to all valid and existing contracts, leases, liens or encumbrances which may affect the said property, and the word grant as used herein shall not be construed as a covenant against the existence of any there of. ~: -~ The Second Party agrees that the established grade of Broadway Boulevard wil be maintained at the same level as the top of the rail of the present main line of the First Party for a distance of 18 feet measured at right angles from said presen main line in a northerly direction so that in the event there shall be hereafter constructed by the First Party a track in the location shown by the green line on said Exhibit nA" no change in said grade will be reQuired. The Second Party further agrees that, in the event the First Party desires at any time in the future to locate and maintain an additional track in the location shown by the green line on said Exhibit "A" hereto attached, it will offer no objection to the construction thereof or attempt in any way to prevent the First Party from securillng such permission from public authority as may be a prereQuisite to the location and maintenance of a railroad track at said location. The Second Party further agrees that in the event af railroad track shall be constructed by First Party at the location shown in green on Exhibi t HAil, that the First Party may do such filling as may be reQuired by it in connection with the construction of said tracIe, to the same extent as it would be permitted to do were this easement not granted, and Second Party agrees to build and maintain such walls or other protection aa may be necessary to support any fills reQuired to be made by the First Party as part of such construction work to the same extent as Second Party would be reQuired to build arm maintain such walls or other protection were fills made by the First Party at' the present time. But Should the slopes of fills made by the First Party reQuire protection to prevent their extension beyond the present right of way line of the First Party, the protection so reQuired shall be furnished by the First Party. I In witness whereof, the parties hereto have caused these presents to be executed by their respective office~s thereunto duly authorized, the day and year first above written. Southern Pacific Company City of Eugene. The following Resolution relating to the building at the rear of 293 Monroe Street was read and motion made, seconded and carried to adopt same: '. RESOLUTION WHEREAS, a hearing was had before the Common Council of the City of 1ugene pursuant to notice, on April 9,1934, at 7:30 o'clock P.tI. of said day, at the office of the City Recorder in the city hall in the City of Eugene, Oregon, and vVHEREAS, it appears to the Council that reports have been made by the chief of Police, the City Attorney and the Chairman of the Health Committee, declaring that certain building located at the rear of 293 Monroe Street, to be a dangerous building, and it appearing that various complaints have been made by ~esidents living near the property, and VffiEREAS, the Common Council having personally inspected said building and I having hearG all protests, remo.nstrances and objections, at this time makes its findings, as follows: . ~ \i .. ~ 273 . ....... ~- I That the building at 293 Monroe Street in the City of Eugene, Oregon, is and is hereby declared to be a dangerous building under the provisions of Ordinance No. 8292 of the Ci ty of Eugene, in this: That the building is in a delapidated condition; that the walls are leaning and there is danger of them falling on children and other persons; that the building is filled wi th rubbish and is un- sanitary and a menace to the health of the neighborhood; that it constitutes an t~ ~. C-4.j att~active nuisance for children to play in, and is located near the railroad tracks and is a general hangout for tramps and other disreputable characters; that the floors have holes in them and are apt to fall in, injuring persons; that said &, ,;r- building is in a bad state of unrepair. THEREFORE BE IT RESOLVED by the Co@uon Council of the City of Eugene, that said build- ing be removed and the nuisance abated, and the City Hecorder be and he is hel~eby ordered and directed to give five days notice of the findings of the Council, to Edward L. Quinn and Clara B. Quinn, as owners of said bUilding, requiring them to remove said building and abate the nuisance or to render it safe, within twenty days afher the expiration of the five days notice, and if they fail so to do, that the Co@uon Council shall thereupon order said building removed. I '1'he following Resolutioll r'elatlne to the building at 92 l'[adison Street was read, and motion made, seconded and carried to adopt the same: RESOLUTION WHEREAS, a hearing was had before the Common Council of the Ci ty of Eugene pursuant to notice, on April 9, 1934 at 7:30 o'clock P. M. of said day, at the office of the City Recorder in the city hall in the City of Eugene, Oregon, and VlliEREAS, it appears to the Council that reports have been made by the Chief of Police, the Ci ty Athorney and the Chairman of the Heal th Commi ttee, declaring t that certain building located at 92 Madison Street to be a dangerous building, and .' it appearing that various complaints have been made by residents living near the property, and WHEREAS, the Co~non Council having personally inspected said building and having heard all protests, remonstrances and objections, at this time m~ces its finding, as follows: That the building at 92 Madison Street in the City of Eugene, Oregon, is and is hereby declared to be a dangerous building under the provisions of Ordinance No. 8292 of the City of Eugene, in this: That the building is in a delapidated condit- I ion; that the timbers are leaning and there is danger of them falling on children Fl, and other persons; that all window panes are broken; that the building is filled with rubbish and is unsanitary and a menace to the health of the neighborhood; that it constitutes an attractive nuisance for children to play in, and is a general hangout for tramps and other disreputable characters; that the floo~s have holes . in them th~ough which children may fall, and the floors and walls themselves may ....1 ~ 2f74 .' - -- ------- -------- .~---_._-- ~--- -- .._-~ - fall; that said building is unattractive and in a bad state of unrepair. THEREFORE " <"-. BE IT RESOLVED BY THE COIvTI\ION COUlIJ'CIL of the City of Eugene, that said build- I ;.:.r':{~ ~. ing be removed and the nuisance abated, and the City Recorder be and he is hereby ~ ~ ordered and directed to give five days notice of the findings of the Council, to Mary J. Terry, as owner of said building, requiring her to remove said building and abate the nuisance or to render tt safe, within twenty days after the expiration of the five days notice, and if she fails so to do, that the Council shall thereupon order said building removed. The following Resolution relating to the building at 1976 Garden Avenue was I read, and a motion made, seconded and carried to adopt same: RESOLUTION . VffiEREAS, a hearing was had before the Common Council of the City of Eugene pursuant to notice, on April 9, 1934, at 7:30 o'clock P.M. of said day, at the office of the City Recorder ~n the city hall in the City of Eugene, Oregon, and VffiEREAS, it appears to the Counci 1 that re ports have been made by the Chief of Police, the City Attorney and the Chairman of the Health Co~nittee, declaring I I ' I those certain' buildings located at 1976 Garden Avenue, to be dangerous buildings, land it appearing that various complaints have been made by residents living near lithe property, and II I VffiEREAS, the Common Council having personally inspected said buildings and I having heard all protests, remonstrances and objections, at this time makes its findings, as follows: That the buildings at 1976 Garden Avenue in the City of Eugene, Oregon are hereby declared to be dangerous buildings under the provisions of Ordinance No. 8292 of the City of Eugene, in this: that the buildings are in a delapidated condition; 'that the porch has fallen in and the remaining walls are in danger of falling in on children or other persons and injuring them; that the building is fi lIed wi th lrubbish and is unsanitary and a menace to the health of the neighborhood. That it consti tutes an attractive nu'd;,sance fo.!:' children to play in, and is frequented by ;. tramps and other disreputable characters; that the floors have holes in them and the buildings, generally, are in a bad state of unrepair. THEREFORE BE IT RESOLVED BY THE COMMON COUNCIL of the City of 1ugene, that said build- ings be removed and the nuisance abated, and the City Recorder be and he is hereby o.!:'dered and directed to give five days notice of the findings of the Council, to I Mary Wallace, as owner of said building, requiring her to remove said buildings and abate the nuisance or to render it safe, within twenty days after the expiration of Ithe five days ,notice, and if she fails so to do, that the Council shall thereupon lorder said building removed. . ~ -: ~ 275 The bonds of J. H. Bray with the New Amsterdam Casualty Company, and P. J. I Shanks & Ralph Gillespie with the Great American Indemnity CompmlY, as Garbage f'~ ..-.} ::.;, haulers wi thin the City, were pre sent ed and on mot ion acceJ? ted. An Ordinance creating a zone around the University of Oregon in which it shall be unlawful to sell alcoholic li~uors was read the first time, and passed its second and third readings by title under suspension of the rule by the unanimous consent of the Council and was placed upon its final passage. The ayes and nays were called, Councilmen voting aye, 7, nay none, absent none. Councilman Reid not voting. The Ordinance was declared J?assed and numbered 8388. A Resolution authorizing the e,ityby its Mayor and Recorder to enter into an agreement wi t h the Mountain S.ta tes Constructi on Company for the rental of the asphalt paving plant belonging to the City was read, and a motion was made, seconded and ca~ried to adopt the same. :.' RESOLUTION VffiEREAS, ~he Mountain States Construction Company has applied to the City of Eugene for permission to rent and use the asphalt paving ,plant of the City of EUfene, and VffiEREAS, The City of Eugene is very desirous of having the asphalt paving covering applied on 9th Avenue East and Franklin Boulevard at once, BE IT RESOLVED, by the Crty of Eugene, that the Mayor and Recorder bee, and they are hereby authorized to hereby enter and execute on behalf of the City of Eugene, the hereto attached contract, with the ~rountain States Construction Company. -I Dated this loth day of April, A. D., 1934. THIS CONTRACT ANTI AGREE~ffiNT, made and entered into this 10th day of April, A. D., 1934, by and between the City of Eugene, a municipal corporation, party of the first part, and the Mountain States Construction Co., a corporation, party of the second part, WIT N E SSE T H: That the second party has been awarded a contract for the surfacing with '.' asphalt pavement of a certain portion of 9th Avenue East and Franklin Boulevard, in the City of Eugene, and has no asphalt plant and e~uipment for preparing a cover- ing for said street, That it is to:the interest of'the City of Eugene that the said street be promptly covered and rendered fit for traffic, and It is therefore agreed between the parties hereto that the first party hereby lets and leases to the second party their certain asphalt paving plant, to the second party, at a rental payable in advance of Th~ee Dollars and Fifty Cents (3.50) I per hour for actual running time, exclusive of the time re~ui.red to heat the plant up, and the second party hereby agrees to pay the first party the rental herein reserved, and to make all 1'epai 1'S from b1'eakage to the said 'pfuant, and to keep and maintain and return to the first party the said plant,in as good condition, reason- able wear, tear and damage by the elements alone excepted, as the same is now in. . All fuel, oil, gasoline, or bther material necessary to be used in the operation of the said plant shall be furnished by the second parties. ~ ~276 . This contract shall continue in force for such time as is reasonably l)'. necessary to complete the surfacing of 9th Avenue East and Franklin Boulevard, which "<7, I tl is in contemplation by and between the parties hereto. i~~ . I IN WITNESS vVHEREOF, the parties hereto have caused these presents to be executed by their officers thereunto duly authorized. The City of Eugene Mountain States Construction Co. The question of payment of interest by banks on daily deposit balances was continued in the hands of the City Attorney. The Recorder was instructed to advertise for bids for lumber to repair the bridge over the amazon at Charnelton Street. The Judiciary Committee, by Chairman Edwards, reported that the bond of the \ City Treasurer does not cover the employment of Mr. Fields and his office, and on motion the Finance Committee and Recorder were authorized to arrffilge for the amount of bond and have a bond written to cover Mr. Fields' employment. ' .; Councilman Hendershott, as Chairman of the Playground Commission, stated that he would like to request for the Playground Commission that if money is still available from the Government funds for such purposes, that we endeavor to secure ~50,OOO.OO for detelopment of Playgrounds. I The quest~on of the Eugene Fruit Grower's Ass'n. connecting their sewer to jthe city sewer was referred to the Sewer Committee. There is noted in the minutes service upon the City of complaint in the case of Arthur L. Braeg, et al, vs. Carl F. Bergman, et al, being a case in which the plaintiff seeks to restrain the City from interfering with the operation of nickel jin the slot marble machines. On motion the Council adjourned to meet April 23, 1934. I I I R. S. Bryson, City Recorder. '.' I . ~I