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HomeMy WebLinkAbout12/28/1946 Meeting '~ 561 I," ,.," " , .~_.__. . - --~-----~ ..".--_:..-.....::_~......'---'----- ~ ----- --- .. - - -~.- - ...-- " - , - -.- _.- - - --~- - __ "0'__ _ ___ n_ ___ __.._____._ ___.-.____. ,----- -_: ~-- - F-1- ::_U , I " ~ ~ Council Chambers, Eugene,Oregon 3 "', ~ I December 28; 1946 "-~" ,. I Minutes of the adjourned meeting of the Oommon Council called by his Honor, Mayor Earl McNutt for 7:30 P.M., Dedember 27, 1946. Present at rollcall were - Koppe, Hawn, Bailey, Orumbaker, Davis and Johnson. v~ ! Mayor McNutt advised the Council that the City has received the final .~ 1: draft of the proposed agreement between the State of Oregon, Labe County and the ~' " I ,,-,c"';" I Cit~ of Eugene for the construction of the Mill Race Highway Junction <Project. "ti. .~. I ',y.,", I It 1.S requested that the agreement be presented and read as follows: ........~ .- r "THIS AGREEMENT, made and entered into this day of December, 1946, I I by and between the STATE OF OREGON, by and through its State Highway Commission 1 hereinafter called the nState", party of the first part; the CITY OF EUGENE, a ' I' municipal corporation, by and . through its municiDal authorities hereinafter . ..., . called the "C1.tyn, party of the second part; and LANE COUNTY, a political sub- I division of the State of Oregon, by and through its County Court, hereinafter ~; " called the ,"County", party of the third part; I p WIT N E SSE T H: I \ RECITALS: l' :' !, 1. The volume of traff ic entering, passing through and leaving the , Oity of Eugene over the Pacific Highway, coupled with local traffic entering said I i City over the Eugene-Coburg County Road, which road is under the jurisdiction of the County Oourt, is such as to require a major improvement of said county road, " a rearrangement of city traffic and the location and construction of a highway \' artery connecting Broadway with Sixth Street and with Seyenth Street in said City. , 2. The County ~as found it necessary to construct a new bridge to 1 replace the existing structure-locally known as the Ferry Street Bridge. il 3. The County has made provision for and has on hand the sum of I :'~ $250,000.00, which sum is legally available for use in connection with. the project I which is the subject of this agreement. " I 4. It is recognized by these parties that, for the purpose of providing . necessary traffic arteries, the accomplishment of necessary street changes and I" " other traffic accommodations within said City, the spur track which now crosses ;J I Sixth Street must be removed, rights of way must be acquired and cleared, and I certain street and highway construction work carried through to completion. " ;., ,/ 'I 5. The City in conformance with charter requirements has, for the pur- ii pose of providing funds with which to defray the City's part of the cost of the I projects contemplated by these parties, authorized the issuance and sale of II 'general obligation bonds in the sum of $500,000.00. , !I , I 6. The parties to this agreement undertake jointly and severally to , !, cooperate in the manner and to the extent herein set forth, to the end that more , adequate traffic facilities and traffic arteries may be provided for the needs i:l and accommodations of the public generally and the citizens of Eugene ?nd Lane l' ;~ County in particular. I ':, J". : NOW, THEREFORE, based in part on the foregoing recitals of admi tte.d ;' facts and in consideration of the performance of the mutual and dependent promises I' :, and obligations set forth herein, these parties jointly and severally undertake . ~ " ?nd agree as follows: , ,; I': THINGS TO BE DONE AND OBLIGATIONS I' " I TO BE ASSUMED BY THE STATE: , :; .' 1. Prepare all plans, specifications and designs and furnish all ; necessary engineering services and supervision for the construction of a bridge , and its approaches to carry the Eugene-Coburg County Road across the Willamette RiVer. 2. Prepare all plans and specifications, designs and other engineering I data necessary and provide all necessary engineering service and supervision for 1 the construction of connecting highways and the street rearrangement contemplated " by these parties, all of which are more particularly set out on a map attached " " hereto, marked Exhi bi t A and by this reference made a pa rt hereof. I, 1 h , 3. PreDare all necessary plans and specifications required in connection ! ,\ " with the construction of a propos~d highw~y-railroad separation p~o~ect, and pro- I ,I vide all other necessary engineer1.ng serV1.ces and contract superv1.s1.on. I . . \ ,~ ! ; I :: I I -~ '"' --;-.;., ~ - ~ ~562 - _'c_~; ;=_,~=~'c....:..~_-=-::.:",::=~,:,c_c~_c ~~~-c,- c,-cC__-~~'_'C ''---C"-'-': iL?=-===-.:~= -~~-=-_ _ -~.:::--..:--:--~~-~-;-.n__._"7:""-:-_.-"-~-'::--:'~__-_--:--::;-;-_ -:;::- ;-.- ------. -_--;:cc--::----:: ----::::-:;~---,------;;-:--__::__::_.-_--. --=-__c:.::::-~- -- -_ ------- ------~---_.- --- 'l-c=~=~c~~c-,,-c,c C'.C-_. ---. - ~ ~-_.- -~---~- _X~=___ - --- .-- - - ~- - -~ - . c==,= ='cc=~c ,-~- i _u . 4. Upon the completion of the plans and specifications necessary for the construction of said bridge, submit the same to Lane County for examination and __' I approval, and, upon completion. of the plans and specifications necessary for the I construction of said grade separation project, submit the same to the City of I Eugene for examina tion and approval, and, upon completion of the plans and speci- ~:. I fications for the p::opos~~ stre~t an~. highway - cC;lnstruction, including necessary -;' : contacts or c onnect1.ons W1. th sa1.d br1.dge and sa1.d overhead crossing, submit to the 01 ! City and, the County copies of the same for examina tion and approval. ~i 5. Construct at state expense a highway along a route and over a right N~ , of way to. be procured jointly by the State and th.e City, which route is described i generally as beginning at a point on Broadway in the City of Eugene and extending thence northerly along the Mill Race to a point of dual connection, with Seventh and. High Streets and with Sixth and High Streets, the first connection above named , to se~ve south-bound traffic and the second connection above named to serve north- bound tr.affic. i 6. Upon the execution of this agreement by all parties and the com- I pletion of all necessary plans and specifications, prepare and publish a call for i bids for the performance of all work constituting said project or projects, and, . if and when a satisfactory bid or bids is or are received, prepare and award ~ contract or contracts for said work, and thereafter supervise all construction and contract details; provided, however, that the prosecution of any of the work herein contemplated on whic~ Federal funds are used shall be subject to the I approval of the Federal authorities. . ? . At the close of each month after construction work has commenced : . under the contrac t or- contracts awarded for said work, prepare and submit to , , the City and the County an estimate of work accomplished during the preceding month : and the money earned pursuant to the terms of said contract or contracts and due ! the contractor or contractors, which said estimates of work done shall show sepa- Irately work done on the City part of said project and work done on the County part I of said project in the event all units of said project are under contract at one i and the same time. I 8. After a contract or, contracts for any part of said proje~t has or t I: have been awarded, require its Engineer to ~uarterly prepare in triplicate an I estimate of the work then accomplished, and, if said work is with respect to the i construction of the bridge, deliver to the County a copy of such certificate and , estimate, and the County shall then reimburse the State in the amount of such .~ I estimate less such part thereof as maybe an obligation of the State; and, if , said work so completed is work for. which or toward which the City is to contribute, the estimate made by the Engineer shall disclose the amount of work accomplished an the money earned thereunder, and the Engineer shall deliver a certified copy of ; such estimate to the City, and the City shall then reimburse the State in the amoun I of such estimate less such part thereof as may be an obligation of the'State. In this connection it is ~greed and understood that the City shall be required to , contribute only to the cost of improvements or things which are wi thin the meaning and authority of said charter authorization, and for such purpose such items shall i be kept separate in all construction contracts. A copy of such quarterly statement shall by the State be delivered to the Secretary of State. 9. When said project, inCluding the bridge, the grade separation, the street or streets and the highway and other items and matters related to and comprising this project, is completed and the final amounts are ~~own and determine , prepare a complete and final statement, in which statement the cost of the bridge, ; street and highway construction, the overcrossing and all rights of way shall be ! segregated and separately stated so that the complete obligation of each party shal ! be clearly disclosed and set forth, and a correct statement shall be delivered by : the State to the City and to the County and a like copy to the Secretary of State. 10. Assist the City in the acquisition of necessary rights of way for the construction of the connecting highway and the rearranged or relocated streets i or sections of streets and cooperate toward the payment of the costs of necessary ,! rights of way, and share with the City in the a cquisi tion of the Mill Race and the i Excelsior Mill properties. I t 11. After consultation and in cooperation with the City and the County, i prepare the necessary call or calls for bids for the construction of the bridge, , the construction of the grade separation project and the construction of the I highway and street connections, which call for bids may provide that all of said I . .~ i items may be submitted in one and the same call, or bids may be required separately t for the bridge, for the grade separation and ~or the h~ghway and stre~t constructio . , but in any event the things for the construct1.on of'wh1.ch the County 1.S to pay the cost arid the things for which the City is to pay the cost, shall be kept separated and ~egregated so that at all times and in all respects City funds and' County funds can be traced and accounted for. I , I , ~ -- 563~ --- - - -.. - - - - - -- - -- --- -- -- -- - - -- - - ---- - - .__.~----- ---- --..---.-- -- ------- --- ---- --. _._---.~------ - '- ------------- --- ----- - -- --....:......._----~----------- ------~--- - -- - ------ --- ---- -i- - - . . - -- --- -.-. - --"- - -- - - ------- - -.- - ..-- -- -- ---- ._--- --- - --- - - - - - - - -- .- .. - - -~- - ----- - - -- I! ..----- - --~ 12. Agree to advance to the County $300,000.00, or so much thereof I I as may be necessary to make it possible for the county to pay its share of the cost of said project, ,said sum to be advanced to the County without interest ! charge and to be repald by t~e County out of its annual allocation of sLate motor. vehicle funds in five annual installments. Likewise agree to advance to , the Clty ~50,OOO~00, ,.or so much thereof as may be necessary to make, it possible V1 r for the ~lty to pay lts ~hare of the cost of said project, said sum to be repaid ~ by the Clty out of the Clty's allocation of state motor vehicle funds in five ~ I; annual installments. . ""...... P""ii"", "" \0., ~ I' THINGS TO BE DONE AND OBLIGATIONS ~~i .~ I TO BE ASSUMED BY THE CITY: , !i 1. Accomplish the removal of the spur track from Sixth Street and I: accomp~ish- ~he c~nstruc~ion of the portion of the highway or roadbed which lies betwee~ Eng~neer s,Statlon 27 ~5 and the north wye connection of the new highway I: at Englneer s Statlon 6 75, WhlCh does not include, however any part of the bridge across the Willamette River. ' 2. Accomplish the construction of an overhead highway or street structure across ~he Southern P~cific Company's tracks, including also. ramps r and pavement leadlng to the Frult Growers' warehouse and to Sixth and Seventh Streets. r 3. Participate with the state on a fifty-fifty basis toward the I l acquiSition of right of way necessary for the construction of the City's portion ,: of the project north of the railroad and the cost of the- acquisition of the Mill I Race and the Excelsior Plant properties, including area required for the necessary t: ramp 0::' ramps through the ~ong Bell and Eugene Fruit Growers' plants; provided, t that wlth respect to the Ml11 Race property title to that part thereof which is I to be incorporated in this project shall be taken in the name of the State and I ,l title to the remainder of said property shall be taken in the name of the City. ,. ~ ' i. It is estimated that to accomplish the City's obligations with " 4. j .j. respect to said project as enumerated above will cost the estimated sum of ~:1 $580,000.00. To meet this obligation the City has authorized a $500,000.00 bond I , I issue. In addition to the said $500,000.00 bond issue the City is to receive credit in the amount of the saving which will accrue to the State by reason of the elimination of a bridge on Broadway between High and Ferry Streets and the elimi- ,.' nation of a bridge on Franklin Street between Alder and Eleventh Streets, which :: saving is estimated. to be $30,000.00. This leaves a net obligation of the City ': in the sum of $550,000.00, Which amount, the City assumes and agrees to pay. In " the event the City does not have sufficient funds with which to meet its full :; obligation as the same shall ma ture, the State- will advance to the City. such an :1 amount in excess of the sa id $500,000 bond issue as may be necessary. Said advance I; or loan, is to be paid by the City out of its share of state motor vehicle funds I , I during the five-year period following the execution of this tri-party agreement, which highway motor vehicle funds will accrue to the City under the provisions " of Chapter 371, Oregon. Laws, 1943. II ti 5. It is recognized that the sum of $550,000.00 is an estimate only : and if upon the completion of said project it is found that the total amount of 11 the City's financial obligation is less than said sum of $550,000.00, then the :' City shall be required only to contribute on the basis of the actual and de- :: termined costs. In any event the City's financial obligation shall be limited to I: a top figure of $550,000.00. I, tl It 6. To insure the payment to the Sta te of such sum as the State may :1 advance to the City over and above the said $500,000..eo". the. City hereby a~signs ;, to the State sufficient of its allocation of state motor vehlcle funds durlng the j.: five-year period following the execut ion of this agreement so that said, entire I' advance may be liQuidated in five annual payments or installments; provlded, ;: however, tha t the City at any time may pay in full such sum as may be advanced by "1 the State to the City. l' it I' THINGS TO BE DONE AND OBLIGATIONS " !I TO BE ASSUMED BY THE COUNTY: " :1 1. Pay the cost incident to the construction of a bridge to carry the Ii I :1 Eugene-Coburg County Road across the Willamette River, including costs of necessary !I ramps and/or approaches. II 2. Provide all necessary rights of way in connection with the constru- II ction of said bridge and its approaches. i II 3. Rearrange and construct the ali.gnment of the county road or highway II from the bridge approach to Station 52, which point is approximately nine hundred r I.' feet north of the Willamette River. ~ r' . ~ i' ;J 4. Upon the completion of the project or projects, make final and full II payment to the State of the cost of said bridge.structure and it~ approaches, to- , t~ ;! gether with such other unpaid items, if any, WhlCh may be determ~ned as a result I p" ., of the final statement heretofore required of the State, employing for such purpose~ I' 'I i J ~ ~ 564 _-=-~' ----. ,-, - -, _U___~~_'n -, - _' ,.. _'n-- _' - 0 - ,- -~~~CC~-- -~ ,=-c'- -'=T"t-,~- C: '-C- n_ ,- "~'__=-_-~_-- , -"'. ~n'c ''''"-_-, ---__.0 n_ ,~_' '___U___= -. -~,~~" -- _~~ ---==c~.::. ,_~, --r-~t~c:-~un~s~whiCh the County now has or fO; which provision by levy has bee~~ mad~~-~:k~-.:?-=--=-~:::cc-:c-::c=--:-~:cc:~ gether with an advance of $300,000.00 to be made to the County by the State as herein provided. . ~j 5. To insure the payme.nt of the $300,000.00 which the State is to advanc 1 to the County, the County hereby assigns to the State sufficient of its allocation ~~ of the state motor vehicle fund so that said advance of $300,000;00 may be entirely i~ liquidated during the next five-year period following the execution of this contrac , :~ ; it being understood that said $300,000.~O may be paid in five annual installments <; , and shall be advanced by the State to the County without interest charge. GENERAL UNDERSTANDINGS-AND OBLIGATIONS: 1. It is estimated that the total cost of the construction of said project or .l?roj ects, including right of way, engine'ering and c ontingericies, is the sum of ~1,343,487.00, which said sum is allocated as follows: State $229,176.00, City $580,000, less a credit of approximately $30,500.00 provided for in paragraph 4, page 7 of this agreement, and there is allocated to the County ~546,672.00. 2. It is recognized that the above amounts, both as to total and as to , allocations, are estimates only. In this connection it is agreed that the final i construction costs with respect to all parties and items pertaining to said entire project shall control in determining the sums or amounts to be paid by i each of these respective parties. . i 3. Upon the execution of this agreement by all of the parties, the State shall proceed promptly in the prepar~tion of plans, specifications and de- signs and as soon as the same have been completed and approved by the parties as provided for herein and necessary rights of way ha~been acquired and cleared the State shall prepare and issue a call for bids for the constructlon of the highway i and street parts of the proposed entire project, and may at the same time call for ! a bid or bids for the construction of the bridge and the consti'tiction of the over- 'I' pass or viaduct, unless in the judgment of these parties it is deemed qest to defer anyone or both of said items. i 4. Notwithsta~ding anything he~ein to the contrary, it is understqod 1 I that the State shall assist the City and/or the County in the matter of negotiations , for necessary rights of way, and, if any of said properties must be acquired by , ; condemnation, the State will at the request of the City and/or the County, as the . : case may be, institute and carry through to completion necessary condemnation pro- , ceedings. i , 5. The State shall on request of the City prepare the necessary appli- ! cation addressed to the Public Utilities Commissioner for an order authorizing : the said grade separation and the State shall also cooperate with and assist the ICity in the presentation or prosectuion ot said application. In this connection, [however, It is expressly understood that such application shall be in the name of land for the City and shall be mageunder the provisions of Chapter 5 of Title 113, 10 " - A . I .\,;..1.,. . i 6/ When a bid is or bids are called for for anyone or all of said pro- : jects the City and the County shall be advised of such call and of the date upon whi h isuch bid or bids will be received so that both the City and the County may be pre- )sent when said bid or bids is or are received, opened and publicly read, and the :State shall confer with the City and the County before accepting a bid or bids for lany part of said work. i . 7. There is attached hereto, marked Exhibit B and by this reference made a part hereof, a tabulation of es,timated costs of said project and the amount or ..... amounts of said total estimated costs which have been allocated to the respective parties herein. I i 8. Attached hereto and by this reference made a part of this agreement lis a print marked Exhibit C, on which exhibit there are shown colored in orange the parts of the project the cost of which is to be paid by the State, and there are shown colored in yellow the parts of the project the cost of which is to be paid by the City. 9. This is a cooperative undertaking and therefore each party to this agreement pledges complete cooperation each with the other, to the end that the 1- :public's interest may be best served and, public welfare promoted. i . i 10. A fully executed copy of this agreement shall be delivered to the ISecretary of State and shall constitute and be his authority to withhold from the iCounty annually sufficient of the County's allocation of state motor vehicle funds :to meet its annual installment on the said advance of $300,000.00 and credit said isum so withheld to the State highway fund; and shall likewise be his authority to I I I ! ".,; I ) I ~ ~' 56~ --- --'.---p - -- . .- -. -- - . ~-----, - - --------. --------. -- -~--- - - ---- ,------- l' , -- -,' --'--,- -------- - -- ---- -'---.-- -~,--- ~ -'------ ! i I withhold from the City sufficient of the state motor vehicle funds annually I I,' allocated t,o the City to meet and repay the Cityts annual installment on such advance I' as may have been made by the State to the City and shall credit said sum so withhel' I' to the state highway fund. I. I IN WITNESS WHEREOF, the parties hereto have subscribed their names and '~ t affixed their seals the day and year first above wri t~en. It .~~ ': It was moved by Bailey, seconded by Crumbaker that the agreement be approved ~ Ii and that the Mayor and Recorder be instructed to sign the agreement on behalf : of the. City of Eugene. Rollcall - All Councilmen present voting AYE. Allen I and Pennington absent. \' L RESOLUTION I. i A Resolution was presented by the City Manager and read as follows: r "WHEREAS, under and pursuant to the terms of that certain tri-party 2 I agreement in writing bearing d~te of December 27, 1946, by and between the State I of Oregon, acting.by and through the State Highway Commission, Lane County, a ( municipal corporation, and the.City of Eugene, Lane County, Oregon, providing for \" the construction of a so-called mill race junction, state highway, city street and ~ county road project, it is necessary and expedient to apply to the Public Utilities I Commissioner of the State of Oregon for permission for such construction and I division of costs ,among the Southern Pacific Railway Company and the interested r: parties aforesaid, under and pursuant to the prov~is ions of Article I, Chapter V, I Title 113 O.C.L.A. ' r NOW, THEREFORE, BE IT ,RESOLVED by the Common Council of the City of i Eugene, that the City Manager and the City Attorney be and they are hereby autho- ! rized and instructed to forthwith request all parties to the aforesaid construction 1 agreement to join with the City of Eugene in making application to the Public Utilities Commissioner of the State of Oregon, u,nder and pursuant to Article I, Chapter V aforesaid, for permission for the construction of the railroad crossing 1- , above grade, as provided for in said agreement, and to alter, abolish or relocate as the case may be the crossing at grade of High Street with the Southern Pacific i Railway right of way in Eugene, Oregon, all as the facts shall warrant; and to ! seek said Commissioner's apportionment and division of costs of such construction, ~ alteration, apportionment or relocation as the case_ may be among the Southern i Pacific Railway Company and the interested parties to said agreement, as provided ~ for and pursuant to the provisions of Article I, Chapter V aforesaid." i i It was moved by Crumbaker, seconded by Davis that the resolution be adopted. I Motion carried~ UPON MOTION THE MEETING WAS ADcT.OURNED. 1~ ,:1 h i ,I I. f' i, .. 1'1 i! I, :' :,~ I I :'i II I 1.1, it Ii 'I I 'I I: t: " I: ~ I I, , I' I' I, i: .' 'I ' - I il'# I " I I~