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HomeMy WebLinkAbout07/27/1936 Meeting ~ 489 . "~~-_. -~-....------ --- - -' --~~- ---~ ---..--.. --- --____ _ _"'r _.._~ _~. __ ., -- .- - n.._ - . - < - - .' ~"'- -- - , _ > r __ _.'. -- . .__'C ~---- ',--- ..-- ",.-, - ' .- ----. - --, . ---- --- . - ---- - --. ---- , .. _. -- -.,. - - -- -- - - --, -- - ---' ---. - - - -- '. . - . .- - .-.' - .--- - - -- Council Chambers, Eugene, Oregon Julv 27, 1936 I The minutes of the adjourned meeting of the common council held at the hour of, ~. ",' '00 " ,j 7~OO o'clock p. .~ July 27, 1936. Council was called to order by Mayor Large and ~ :(..0 all councilmen present except Simon. -.' .... Mayor Large extended greetings to members of 'the Eugene Water Board and ex- pressed his appreciation for. their attendance' at the meeting~ The Mayor pointed out that Mr. C. A~ Horton, Accountant of the city records for the year 1935 re- commended a deTinite settlement of the $57,,970.98 Electric Utility and $22,843.67 Water Utility Indebtedness to the city of Eugene. The Recorder being called upon by the Mayor, read the following Resolution, to-wit: r ., ' , WHEREAS, the attention of the Common Council of the City of Eugene has been directed to two items carried upon the books of the hugene Water Board, one in the sum of' $57,.970.98 which it is claimed resulted from the drawing of) warrant.s by the city in excess of money borrowed to ., I start the City's utilitYJ and 6ne in the sum of $22,843.,67 which is an appraised value in excess of that shown at the time the utility was -' taken over, both of which items appear ~o be proper credits to be ,trans- i-,: ferred to the general credit of the city and to be debited to the Water Boardls account; ,; Now, Therefore .\ :;. BE IT RESOLVED by tne Common Council of the City of bugene that the matte~ be taken up with the Eugene Water Board and a suitable adjustment made which shall be consonant with the facts as they appear. /' Councilman Lamb moved and Hendershott seconded that the resolution be adopted. ... / At this ti e tpe Mayor called for a discussion on the subject. Mr. J. W. Mcarthur, Superintendent of the Eugene Water Board, addressed the council stating that since the m~tter had been officially acted upon by the common council that the Eugene Water Board would take the matter up thoroughly and requested the Mayor to call I, / upon Mr. Percy W. Brown, President of the Eugene Water Board, to state the Boardls I views.. Having been called upon, Mr. Brown stated that he was not in a position to I make any statements and asked that time be given to take the matter underconsidera- t ion. He, however, expressed the willingness of the Board to cooperate with the city of Eugene in every way possible to bring,about an adjustment. The following , statemen~ was read by Mr. Brown: "To the Honorable 1vIayor and Common Counc iI, July 27, 1936 City of Eugene, By P. W. Brown, I Eugene, Uregon V' Pres., E. ~. B. I The Water Board is not in a position to give you an answer immediately, but will take the matter under consideration, and act as quickly as possible. Now, while not being able to go into detail, it might be well for me to II state something of how the Board feels about the matter. It has been the present Board's belief that all the questions raised by you have been settled acceptably and satisfactorily long ago, by p~eceeding Councils a~ I Water Boards, but if this has not been done the ~ater Board will certainly . cooperate with the Council in working out an adjustment now. I Naturally, the most logical time to settle a thing of this kind is at , the time of its occurrence,.and the Board has heretofore had no reason to think that any of these matters had not been so settled in due.time and order. All concerned at that time were aware of all the facts and details, but, now, after from 19 - 25 years' time has elapsed, it will be difricult to recover all the facts and details, and to settle a mat- ter like this as it was intended to be settled in the first place. The questions now raised by the Council have their origin in the acts .. of the City Council itself in the purchase of the water system in 1908. and in building of the Walterville power plant during the years of 1909 and 1910. This all occurred before the Water Board was created. Therefore, except for the reference to two sums as the City's "equityll, I' in the report of the Public Service Commission of Oregon, in 1917, and a few references in the minutes of the Water Board, the records must all be found in the proceedings of the City Council itself. These pro- ceedings, of course, the Board has never had any reason to examine. We assume that the records of the City will be open to the Boardls represen- tatives in search for facts and figures concerning the questions raised by the Council. The City Council bought the water system, and built the Walterville power plant as a part of the water system. Power was needed to pump water. As provided by Charter, these properties were all turned over, after .. their completion, to the V;'ater Board for management.. The Board had nothing ~ -.- ~ 490 . . - ~..'.-- -~ ."~- -.- -, -- . - -. - ,-. - - - --.~ - ~-- ----- - --~, - _.- - ~ ~~---- _ ~ .T_ - -- - ~--~ -.--. to do with the origina~ buying or bUilding, or the creation of any debt before its time. The Board accepted what the Gouncil gave it, in pro- . .-...:"~ perty and debt, and could not know anything about any expenditures made I .."",", by the Council if such expenditures were not reported to the Board by ..~ the Counc il., 1 The Council, so far as we at present know, made no request or suggestion that $57~970~98 or any sum spent by it, should be repaid to it from the water revenues. The Council should have made reauest to the Water Board to accept this debt, if such exists, in 1911 rather than now. There evi- dently was no reason for the Council not doing this had it intended to do so .. The City Council did, in the case of the water plant, ask for the repay- ment of certain sums used in filtration plant construction, expended be- yond the amount received from sale of bonds, and the Board promptly or- der'ed this done. The Water Board, in ~911, made repeated requests upon the Council to be . furnished with complete data as to the original cost of the water plant, power plant, and all things connected therewith, and the Council agreed that the Water Board should have this information, and, accordingly, gave the Board a statement of the financial condition and charges against said plant, and incidentals connected therewith, as being, in the words of the . Council, "the most accurate information obtainable at this time, and being for practical purposes a correct statement as near as can at this time be determined by the Council". Certainly that Council was in a good position to know or ascertain all the II facts, and if they did not ask the Board to repay anything other than the bonds issued by the Council to build the utilities they must have considered the Board under no obligation to do so. In a report dated May 26, 1917, the Public Service Commission of Oregon I referred to a sum of ~p57r970.98 as being assumed by the City Council with- I out demand for repayment by the Water Board. This the Commission calls I I the City "equity", and states that the City should receive credit for prin- I cipal and accruing interest, but that the accrued interest should not be held as an obligation against the Board by reason of the low rates at which the City had been supplied with service. This report was made in 1917, and was available to all concerned, and yet no suggestion, even at that time, was made that the Water Board should col- lect from its water customers such sum and turn the same over to the City. Likewise, the Commission refers to another sum of- $22,843.67 which, in 1917, they say represents the appraised value of the water system over the value shown on the books. This, they say, arose partly from the fact that the Water Board, through good management, had constructed properties, between 1911 and 1917, at a lower cost than those used in the appraisal in their report. Principally, however, they think that the difference arose in a difference in value in the Skinner Butte property which was teconveyed to the City in 1914.' This, thereofre, at most, represents the difference I of two appraisals made 6 years apart, by two different engineers. One may I be as correct as the other. A third appraisal made at the present time .. might be quite different from either of the others. While the Commission's engineers elected to call this sum "equityll, the amount is at best quite uncertain, and entirely different in its origin. from the one arising from the construction of the Walterville plant. Furthermore, the matter of appraised value of Skinner Butte, and the Water Bpard's obligations with regard to said Butte has been passed on three times by the electors of Eugene. - Whatever a study of the City and Water Board records may disclose with regard to all these matters, it has always been the belief of the Water Board that all these questions were considered and satisfactorily settled by the Council and the Water Board in the beginning, and that the Council at that time had agreed that all such matters were settled. , The Gity's investments, as represented by these Ilequitiesll, have made possible lower water and electric rates to the City, through all the years up to this time. ~e think that the City has received) in this way, much more than any interest that could possible be figured, if the exact sums to base interest on were known, and that the principal it - self also will have largely been repaid by now. ~e think this phase of the matter should be taken into account in any readjustment that might be made. '. ~,: ~ 491. . ----- -~ _._-~_.~ ---. - ._'--- - ..- ~ - ~~ - ,- --- _. - - -- -.- H" ~ . _. - .__ 0' . _"_ -- -_.'. - ____ - ---0 _ __ _ .--- - - -- - - - _..- - -- - - - .-. -- -- -- - - . ~- - -".. - -- - .-- -~ -" - . .-_. - ---- --'- - -', The sums referred to in the Commission's Report have, since the time of the report, been kept separdte on the Water Board books, for re- I ference purposes only. ~ Now, if the utility customers of the city w~re to be required to re- ~.:) F~ pay any sum to the general City, the ~ater Doard should have been ap- . '. ,..,.... prised of that intent in the beginning, or at least many years ago~ ..'..... ''''''- in order that the money might have been collected through rates, a little at a time, each year. The opportunity to collect that money has now gone by as it is too late to make collections based on rates for the y,ears passed since the rates have been lower than they might otherwise have been. However, if, after a study has been made, it may appear to all con- cerned that the City should receive from its water and light cus- tomers, through the agency of the Water Board, any of the sums claimed by the present Council, the ~ater Board will cooperate in bringing I about such a result." .' Mayor Large asked Mr. Brown concerning his statement that these were water utility bonds in full; it being his understanding that the $57,970.98 was charged against I the electric utility. Mr. Brown stated that the whole program was purely for a water system and that the electric plant was constructed as a means tO,furnish electricity for the pumping of water. Councilman Bond asked why the accounts appeared on the Eugene ~ater Board's books and not on the city's books. Mr. Bro wn explained that the report, as it appears in their minutes, was taken from the Utility Commission report. Councilman Carlson asked the reason for carrying the accounts on their books. Mr. 2rown replied that this was evidence or contribution on the part of the city towards the construction of the utilities. Mayor Large then asked if this was all the city's contributions toward the utilities and Mr. Brown's reply was that he did not know; that he had not had an opportunity to go into the matter sufficiently. Mayor Large suggested a meeting between the Water Board and the Common Council and asked Mr. Brown to set the date. Mr. Brown re- fused, stating it was not possible to set a time for a meeting. Mayor Large said it was evident that the bugene Vi'ater Board has a complete set of books and felt it would not take long to prepare the case and it was his opinion that it should I be settled immediately. Mr. Brown agreed that the case should be settled within a reasonable length of time. He stated that the ~ugene Water Board wanted to settle if they were indebted to the city, but that they did not want to take snap judgment on such a large amount of money and,felt that several weeks should be granted in order to thoroughly investigate the matter. Mr. Brown's refusal again to set a definite time for a meeting brought on added queries from various members of the counc i l. Mr. McArthur stated that the Accountant of the Eugene Water Board was leaving on his vacation and to thoroughly check the records of the Eugene Water Board and the city would necessitate time. Mr. McArthur felt it would take approximately two weeks and asked the time to be granted. Councilman Lamb stated that he believed the Council was trying to force the situation on the ~ugene Water Board. Councilman Lamb suggested four Weeks' time. Question was called upon the resolution and all present voting aye, nay, none, absent, Simon. Mayor Large set the date for the meeting of the Eugene Water Board as of August 24" 1936 which is approximately a month's time. The City Recorder extended the services of the Recorder's Office to the Eugene Water Board in working the matter out, stating that he would be very pleased to do everything in his power to assist them. Mr. McArthur expressed his appreciation and members of the Eugene Water Board took leave of the council chambers. . '-! At this time Councilman Carlson asked to be excused from the meeting. Mr. Silva of the Silva Chevrolet Motor Company addressed the council, asking for permission to install gasoline tanks at his new place ofl business, 11th and - Olive Streets, and also to install a large tank for crank case drainage oil storage Councilman Bond stated he had not been informed of the request. Councilman Hender- 2 shott moved that the matter be referred to the F & W ~ommittee and City Engineer with power to act. Mr. Silva stated that he would appreciate definite action this week. Mr. Hendershott's motion was carried and Mr. Bond stated he would take actio I immediately. I Mr. J. J.. Martin, owner of building lreated at 1340 Olive Street asked the council for permission to remodel his building in such a manner that he can have '-- 'I an apartment in the front without having to tear down part of the building and set it back according to building restrictions. Mr. Sam Mosher, Building Inspector :3 pointed out that this was merely an alteration and not a reconstruction and if all ! conditions were complied with, Mr. Mosher felt he thought it would be satisfactory. Councilman Hendershott moved and Reid seconded that permission be granted and it was so ordered. I Mr. Leroy Woods, band master of the Odd Fellows, adgressed the council, askin for permission to use an amplifier on top of the Skinner Butte reservoir to be in- ......... 4- stalled by ~. B. Link and Company at no expense with the provisio that he be per- mitted to make business announcements between band numbers. Upon motion made and seconded, council granted permission for one broadcast to determine whether or not .~ it was proper and it was so ordered. j Ii -~ "'-'492 . ------ ~_.__._------. --,---- ---'-~----_._-'-- -- ~._---"-" --- .__.~ -~_. - .-- ----- - -- -- -- - . - ~ -~_. . - ~ -- - ~.-. -- Judiciary Committee, by Dr. Harris, reporting on the C. W. Henzler request for waiver of interest upon payment of principal, as a result of a gentleman's agreement 5 was ordered be accepted. Concerning the Mrs. Josephine R. Campbell request for I waiver of interest it was recommended that it be not allowed and the recommendations "- ''"~,,., of the Judiciary Committee were adopted. .:.~~ ~C The Finance Committee by Chairman Hendershott reported that the parcels of Ian (\;; referred to his committee at the previous meeting were acted upon and moved that the "- a recorder be instructed to pay the indebtedness on the same and moved that his repor.t be adopted and it was so ordered. The Fire and Water Committee by Chairman Bond, reported that he was unable to contact Mr. Oakes, proprietor of the Used Car Lot at West Broadway west of Charnel- 7 ton. Mayor Large suggested he thought it more appropriate for the Chief of Police - to be instructed to get in touch with Mr. Oakes and it was so ordered. Report of the Sewer Committee by Chairman Reid on the request of L. E. Allum- S !baugh, was presented and it was recommended that the city take over the sewer line ~ between Ferry and Patterson Street from 12th to 13th and it was so ordered. 1t The Health Committee by Councilman Zumwalt asked Mr~ Calkins to report on the condemnation of the two barns bounded by third and fourth, Van,Buren and Jackson '- 9 jStreets. Mr. Calkins stated that he felt the Chier of Police could get the barns 'torn down without the city taking its usual action and the matter was referred to th Chief of Police.. Councilman Zumwalt reported further that complaints concerning the burning of lOldebris at the dump grounds had been filed, but he felt nothing could be done about i . ! Police Committee presenting the request of H. B. Youn~, proprietor of the Cafe _ lllDel Rey, for permission to make services across the sidewalk to wainting automobiles was upon recommendation of the committee denied. Recommendation of Sam Mosher, Building Inspector, that the request of Jos. H. __ Koke, for reclassification of the west half of lots 6 and 7, Block 2, Shaw's First 12 ~ddition, located at the North East Corner of lIth Avenue East and Mill street for . Ithe purpose of erecting a gasoline serVice. station, be referred to the Planning Com- I mission, was sustained.. Communication presented by the City RecoI'der from Mr. Charles ~. Hardy, local attorney, concerning the sale at public auction of Lot 6, Block 7, James Huddleston' - Amended Addition on.a claim for assessment for sewer construction and paving Monroe l31lStreet, owned by Mrs. Eunice A. Studley, was presented and upon recommendation of th ICity Attorney, i. M. Calkins, the matter was held until new books were set up for th jproper cancellation of the same. Communication from The Texas Company for permit to install (2) 3000 gallon - underground gasoline storage tanks to be installed at its bulk plant at'1443 West Is 14 Street, Eugene, was presented and referred to the Fire and Water Committee.. Report of Rr. Johnson, City Health Officer, for the months of May and June, 19 were presented and at the request of the Uity Recorder it was suggested that all Icouncilmen study the report to ascertain the amount of work being done by Dr. Johnso .. Quoting from the report, the following remarks are interesting: "The percentage of "'"- 15 work done for the City of Eugene is 59..2 percent of total work for 26..8% money paid '. by City of Eugene. 59% of the time is devoted to the City of Eugene. Deducting 1.9 ~ Iwork done for City by Dr. Romig, we still have 57..3% work done by the Health Depart- ment for the City of Eugene.." I City Recorder reporting on the request of Mr. W. O. Swan for paving of alley ,located between Potter and University Streets from Nineteenth to Twentieth Avenues, - !\stated that Mr. Swan would accept a Bancroft Bond at 4% interest if the city would jproceed with the paving. 11 An Ordinance to improve the alley running north and south between Potter and jUniVersity Streets, from Nineteenth to Twentieth was read the first time and passed I61its second and third readings under suspension of the rule by unanimou~ conBent of Ithe council and was placed upon its final passage. The ayes and nays were called, jcouncilmen voting aye, 6; nay, none, absent Simon and Carlson. The Ordinance was Ideclared passed and numbered 8483. An Ordinance approving and adopting the plans and specifications of the City I IEngineer for the improvement of the alley running north and south, between Potter . ~ land University Streets from Nineteenth to Twentieth was read the first time and Ipassed its second and third readings under suspension of the rule by unanimous. jconsent of the council and was placed upon its final passage. The ayes and nays we e called; councilmen voting aye, 6; nay, none, absent Simon and Carlson. The Recorder reported that by means of a communication the city attorney had 17 i~structed him to disregard the C. A. Wintermeier application for rebonding as it dId not conform to the statutes and the recommendation of the city attorney was adopted. .: ~ ,: 'F ~ 493 . ------~-~~-_.,----.-------- ~'~--'---~ - _. -- - - -'-- - - .~ ~ -- - - -.. _._- ,- - -,-- -. .- -- --- - _ -._- ---_. - - - -- ---'----. - -, ---. -- - ---'. - ---. -.< - -. -- . - - '... -.-, - ~"- -.~ .. -.- .--- .-. -- . - -, - ,- - - - ,- -- -- ~ -'-- ,- -,. -- -_. -- -- -- -,-- ._.~. - ---- ---- --~-- -'-- - -' - ---- - - - ---- '- - The Recorder again presented the Wayne L. Morse letter of resignation and 18 upon motion made and seconded the resignation was ordered accepted and it was so ., ordered. I Resolution designating as depositories the United States National Bank of Portland, through its Eugene Branch, and the First National Bank of Lugene, for - ~ 19 city funds of the City of Eugene, both as to Water Board funds and city funds was -.:.""'" ';"';':11 adopted as follows~ S~~ , . a E SOL UTI 0 N oj.' WHEREAS~ since the designation of depository banks for -city funds in the City of Eugene, the Bank of Commerce has ceased to do business and the United States National Bank of Eugene has sold its bank to the United States National Bank of Portland,' which has established . I the United.States National Bank of Portland, Eugene Branch, in the I city of Eugene, in the banking house formerly occupied by the United I States National Bank of Eugene. Now, Therefore BE IT RESOLVED by the Common Council of the City of Eugene, that the First National Bank of Eugene, and the United States National Bank of Portland, through its Eugene Branch, be and they are hereby de- I signated as deposito~ies for city funds of the city of Eugene, both I as to Water Board Funds and city Funds proper. r I Resolution ordering cancellation on the Treasurer's Books the charge of $14.59 20 against Lot 17, Block 5, Fairmount for a broken water pipe replaced by Mr. Tengs, --- the owner, and agreed by th~ city for waiver of the same upon payment of principal and interest in the sum of $339.30 was adopted,- as follows: RES 0 L UTI 0 N I WHEREAS, Lot 17, Bloclc 5, Fairmount, was assessed for paving Columbia Street under Assessment Ordinance No. 4997 passed August 24, 1925, in the sum of $339.30. In addition, there was a charge added for a broken pipe, $14.59, which the Council subsequently took under consideration upon a certain showing by Mr. Tengs, the owner, that he had put in a new water pipe which had been broken by the contractor. .' The result of the negotiations were that the city agreed to waive the $14.59 charge if Mr. Tengs would pay up the principal and interest which he did on the 16th day of September, 1925. This has never been cancelled on the books of the Treasurer. Therefore BE IT RESOLVED by the Common Council of the City of Eugene that the I charge of $14.59 still standing on the Treasurerls Books against Lot 17, Block 5, Fairmount, be and the is hereby cancelled, and ~ I same the Treasurer i~ ordered to indicate its cancellation upon his books. Resolution instructiI]-g the Treasurer to draw a check for $73.25 overpayment - 21 made by L. M. ~;atson and Raymond Marlatt, and offset the same against the unpaid assessment of $71.25 was adopted, as follows: RES 0 L UTI 0 N WHEREAS,. an application has been made to the Common Counc il of the . -- .... ""-~94 ~ . -.- _-:-:---:~-:.-~~;:.-____-- --:--::--- __ --: "==-=-=_-::=--:--__ _ _ ~--=--~==::::.....=::: _-====- -===_ --=--------_ '""'7-==--=--_="': -::-.:. -::..--=--==-=-==----=~____=~- --=.:---=---=~-==-==- --=--=.--=-=-==-::::..-====-=::: --=---=---===..=-:-~"~--::- ~--:--~,:_--:=: - - - - - - -- - - ,.- ~- --. City of Eugene, by L. M. Watson, on behalf of himself and Raymond , Marlatt, with respect to an over-payment of $73.25 on the East 70 feet of Lot 7, and the East 70 feet of the South 27.83 feet of Lot- 8, Block 19, Gross Addition, and an examination of improvement Ordinance No. 3329 and Assessment Ordinance No. 3709 discloses that there has been such an overpayment, and that there is still due on other assessments on sm d lot the amount of $71.25. BE IT RESOLVED that the. Treasurer be and he is hereby instructed to draw a check for the $73.25 overpayment, and offset the same against .' the unpaid assessment of $71.25, and the Treasurer shall further make entires upon the lien docket which shall disclose this settle- I ment and the authority for it. Transfer of beer license from Mabel's Cafe to John C. Johnke, 40 West 7th 22 Street, Eugene, was recommended on order of the Police Committee. '-- I T. H. Garrett and Mary J. Garrett; having tendered to the city a deed for the following described real estate:- All of Lot 12, and the S'outh 33.4 feet of Lot 13. The North 33.3 feet of Lot 13, and the South 16.7 feet of Lot 14, all in '" Block 4, Fairmount Addition to Eugene, Lane County, Oregon~ the' following resolu- tion was thereupon unanimously adopted by the common council, to-wit: RES 0 L UTI 0 N Be it Resolved by the common council of the City of Eugene that in I consideration of T. H. Garrett and Mary J! Garrett deeding said property to the City of Eugene, absolutely and unqualifiedly, that the City of Eugene hereby directs the City Recorder and Mayor to enter into an agreement of option with the said T. H. Garrett and ! Mary J. Garrett with regard to All of Lot 12, and the South 33.4 feet of Lot 13, Block 4, Fairmount Addition to Eugene, Lane County, Oregon. The North 33.3 feet of Lot 13, and the South I 16.7 feet of Lot 14, Block 4, Fairmount add- I . I ition to Eugene, '='ane County, Oregon. granting them until August 22, 1937, the right to purchase said I I ! I property at the price set opposite the same in the contract of I II together with interest thereon from August 22, 1936, I option, ~ until said option is exe~cised, and in case said option is not ,1 I excercised before August 22, 1937, said option shall terminate II II and all rights of said T. H. Garrett and Mary J. Garrett shall Ii II be lost. - II Ii W. J. Lichty having tendered to the city a deed for the folloWing described i: real estate:- Lot 3, Block 5, Fairmount Addition to .t.ugene, Lane County, Oregon.- - the following resolution was thereupon unanimously adopted by the common council, I' t . t Ii 0 -\'11 :. RES 0 L UTI 0 N I I, II I' " Be it Resolved by the Common Council of the City of Eugene that in !I Ii consideration or w. J. Lichty deeding said property to the City of I) j . I . ~I ~ 495 . - .. - --- ~-- ~-- . --. ~ ~ -- - -- - - .- - -. '-- ---- ~ ".-- - -. ---, --- -,_.. -- -- - --.. ...-- - --- ------- - -_. ----- - --. . --- ~- . -- - ._, ,. -- - - -- - -- - 'P'- -_ - - - _.6 ~___ -- - .~- . - --- - - - _-0 _.__~ -_. ---.---. -- Eugene, absolutely and unqualifiedly, that the Oity of Eugene hereby I directs the Oity Recorder and Mayor to enter into an agreement of op- ~:.~ I tion with the said W. J. Lichty with regard to >.<::.0 .~n Lot 3, Block 5, Fairmount Addition to Eugene, I Lane County, Oregon granting him until August 22, 1937, the right to purchase said property at the price set opposite the same in the contract of option, toge:ther with interest thereon from August 22, 1936, until said option is excer- I cised, and in case said option is not exercised before August 22, 1937, said option shall terminate and all rights of said W. J. Lichty shall . be lost. Charles T. Frisbee having tendered to the city a deed for the following des- I~ribed real estate: Commencing 100 feet South of the Northwest corner of Lot 4, Block 23, Fairmount, thence ~outh 50 feet, thence East 160 feet, thence North 50 feet, and thence West 160 feet to the place of beginning, thereupon the following resolution was unanimously adopted by the common council, to-wit: RES 0 L UTI 0 N Be it Resolved by the Common Council ~. the City of ~ugene that in con- sideration of Charles T. Frisbee deeding said property to the City of Eugene, absolutely and unqualifiedly, that the City of hugene hereby directs the City Recorder and :Mayor to enter into an agreement of op- I tion with the said Charles T. Frisbee with regard to Commencing 100 feet South of the Northwest corner of lot 4, Block 23, Fairmount, thence South 50 feei, thence East 160 feet, thence North 50 feet, Bnd thence ~est 160 feet to the place of beginning~ I granting him until ~ugust 22, 1937, the right to purchase said property at the price set opposite the same in the contract of option, together with interest thereon from August 22, 1936, until said option is exercised, and in case said option is not exercised before August 22, 1937, said option shall terminate and all rights of said Charles T. Frisbee shall be lost. .. I George J. Wilhelm and Cecil O. Wilhelm having tendered to the city a deed for the following described real estate, (omitted here, see resolution), thereupon the following resolution was unanimously adopted by the common council, to-wit: RES 0 L UTI 0 N Be it Resolved by the Common Council of the City of Eugene that in con- sideration of George J. Wilhelm apd Cecil O. Wilhelm deeding said pro- perty to the City,of Eugene absolutely and unqualifiedly, that the City of Eugene hereby directs the City Recorder and Mayor to enter into an 1 agreement of option with the said George J. Wilhelm anq Cecil O. Wil- " ;:\- , helm, with regard to the following property: !""';. " Beginning at the Northeast corner of Lot 4, Block 1, Fairmount Heights First Addition to Eugene, Lane County, Oregon, running thence Southeasterly alo~g the West line of Spring Boulevard 59a5 feet to the ~outheast corner of said Lot 4, thence Southwesterly along the Southeasterly line of said Lot 4, 71 feet, thence North 106, feet to the place of beginning, being a part of Lot 4, Block 1, Fair- . mount Heights First Addition. II ~ Ii ~96 ----- . -- '<- -- - ~ -- < - - - .- - -,< -- Beginning at the Northeast corner of Lot 5, Block I, Fair- mount Heights First Addition to Eugene, running thence Southeasterly ~ along the West line of Spring Boulevard 61 feet to the Southeast I ~ j corner of said Lot 5, thence Southwesterly along the Southeasterly ~:" line of said Lot 5, 80 feet, to the Southwest corner of said Lot 5, '-.,I 0 thence Northwesterly along the Southwesterly line of said Lot 5. 47 feet, thence North 26 feet, thence Northeasterly along the North- westerly line of said Lot 5, 71 feet to the place of beginning, be- I ing part of Lot 5, Block 1, First Addition to Fairmount Heights. Lots 6, 7. 8. 9. 12, 20, 21, 22, 23 and 24, Block 1, Fairmount Heights 1st Addition to Eugene. Beginning at the Northwest corner of Lot 13, Block 1, Fairmount Heights First Addition to Eugene, Lane Oounty, Oregon, running thence South along the West,line of said Lot 13, 7 feet, thence East 105 feet to the ~est line of'Oak Grove Drive, thence Northwesterly along the West line of Oak Grove Drive 75 feet to the Northeast corner of said Lot 13, thence Southwesterly along the Northwesterly line of said .. I Lot 13, 60 feet to the place of beginning, being a part of Lot 13, I Block 1, Fairmount Heights First Addition. Beginning at the Southeast corner of Lot 25, Block 1, Fairmount Heights First Addition to Eugene, Lane County, Oregon, running thence I, Southwesterly along the Southeasterly line of said Lot 25, 78 feet, thence North 90 feet, thence Southeasterly along the Northeasterly line of said Lot 25. 47 feet to the place of beginning, being a part I of Lot 25, Block 1, Fairmount Heights Addition. . I Beginning at the Southeast corner of Fairmount Heights Addition, run thence North 58 feet, more or less to the intersection of the I South line of Hendricks Park, if extended West, with the East line of Fairmount Heights Addition, running thence East along the South line of Hendricks Park 129 feet to a point 160 feet distant and per- pendicular to the Northeasterly line of Spring Boulevard, thence Southeasterly parallel to the Northeasterly line of Spring Boulevard I 777 feet to the old City Limits line, thence ~est 179 feet to the Northeasterly line of Spring Boulevard, thence Northwesterly along Spring Boulevard 646 feet to a point due South of the point of beg- I inning, thence North 60 feet to point of beginning, being in Eugene, II Lane County, Oregon. II granting them until June 6, 1937, the right to purchase said property It ,I I ! at the price set opposite the same in the contract of option, together with interest thereon from this date until said option is exercised, I and in case said option is not exercised before June 8, 1937, said I option shall terminate and all rights of said George J. Wilhelm and Cecil O. Wilhelm shall be lost. Obak Wallace made request for return of $5.00 investigation fee paid in "- . 24 March 25, 1936 on wine application and the same was referred to the police com- mittee to report at the next meeting~ It was moved and seconded that the City Recorder write Mr. John Bell of 25 the Lane County Abstract Company, stating that the council requests him to fur- ....... I nish a complete, up-to-date take-off sheet to the city of Eugene on Monday of \ every week. I ,f The Recorder mentioned the condition of the floors of the city hall and it 26i "- was determined that this be taken care of by the City Engineer. Concerning the responsibility of the lien dockets under the new set-up, I Mayor Large stated it was his ,understanding that the dockets were to be under - the complete supervision of the City Engineer and upon consultation with Mr. John Fields, it was decided that Mr. Hadley Holeman, Bookkeeper in the City eng- I ineer's Office, would be placed in charge of the lien dockets. He explained that 271, Mr. Fields would act in the capacity of general auditor of city accounts. It was moved and seconded that the Mayor's recommendation of placing under the supervis- I ion of the City Engineer the lien dockets be adopted. On motion the same was ap- I I proved. The Recorder suggested the necessity of a transfer of salary accounts II from the Treasury division to the ~ngineer due to the fact that Mr. Fields would I, be working under the latter division. )1 II Councilman Bond again mentioned the nuisance being created by the welding '- 281 at the Pierce Machine Shop. Upon motion the council adjourned. C. M. Bryan .: I Ci ty Recorder' ..... ~" -