HomeMy WebLinkAbout02/04/1944 Meeting (2)
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NOTICE OF SPECIAL COm~CIL MEETING
To the Members of the Common Council of the City of Eugene
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NOTI6E IS HEREBY GIVEN on this 4th day of February 1944, the Mayor of Eugene
hereby calls a meeting to be held at 5:00 P.M. in the Council Chambers of
the City of Eugene for the following purpose:
To consider options granted on certain lots to Arthur M. Gilbert and
George W. Miltonberger on October 18th and also consider the proposed
federal type of construction for the lots.
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/s/
Elisha Large
Mayor
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Council Chambers, Eugene, Ore.
5:00 P.M. February 4, 1944
The meeting was called to order by Mayor Large, all councilmen present
except Farrington and Hawn.
After the Council meeting of January 24th, Attorney Dave Evans
representing a group of property owners filed a suit in Circuit Court alleging
that the options on certain lots granted to Arthur M. Gilbert and George W.
Miltonberger on October 18, 1943 had expired on November 17, 1943 and asking
that the Court grant a temporary injunction against the Council until the case
could be heard. A hearing was held on February 3rd at 9:30 A.M. and on the
morning of February 4th, Judge Skipworth ruled against the granting of an
injunction.
Mayor Large explained this special meeting had been called for further
discussion regarding t'he options above referred to.
Dave Evans, Attorney for a group of property owners was present and
addressed the Council. He spoke of Judge Skipworth's refusal to grant a temp0rar
injunction against the City. He stated it was his opinion that the options has
expired on November 17th notwithstanding the attempts the Council had made for
the extention of time, and that he felt the Council had not been fully informed
at the time the options were made. That he felt the Council had, under the
present circumstance, a perfect right to withdraw the offer for extension of
time to February lOth.
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At this time Councilman Farrington and Hawn entered the Council room.
Attorney Calkins stated that Mr. Campbell had said that if the City did
not want this proposed federal deveiliopment that they would secure lots outside
the City. Mr. Calkins st~d he felt that he should pass this information along
to the Council. '
Councilman Crumbaker stated he thought there should be some corrections
made in the minutes of the Council meeting of October 18th in that they did not
contain some information that should be included. After some explanation to
the Council the following motion was made by Crumbaker and seconded by Baker.
That the original minutes of October 18, 1943 be corrected by inserting just
before the resolution the following;
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The entire purchase price must be completed within twelve months from
the date of the contract.
The erection of the houses must be begun within ninety days after the
execution of the contract and that the erection of the houses must be
prosecuted with diligence thereafter.
The cost of any house shall not be less than $4500.00 for the house
exclusive of the lot.
That all improvements must be constructed in conformity with the building
code of the City of Eugene.
That the above restrictions be made part of the resoiliution to execute and
deliver options under the foregoing offers.
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The question was called for and vote was carried.
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A motion was nillde by Crumbaker and seconded by Stewart that the above conditions
be carried forW5rd and included in the deed, or that if the purchasers did not
want these restrictions in the deed that they could furnish the City a bond.
There ~as some discussion of this motion by the Council and on consent of both
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Mr. Crurnbaker and Mr. Stewart the motion was withdrawn.
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Councilman Hawn said that he felt the Council had been misled at
the time the original options were granted in that certain conditions and
restrictions to be imposed by the F.H.A. had not come to light until later.
the lots to
seconded by
withdrawn.
After some further discussion by the Council regarding the sale of
Gilbert and Miltonberger the following motion was rnade by Hawn and
Baker, that the offer of extenSion of time should be rescinded and
On vote the motion was carried.
On motion the meeting adjourned.
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