HomeMy WebLinkAbout11/24/1947 Meeting
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Council Chambers
November 24, 1947
I Eugene, Oregon -..]
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Minutes of the regular meeting of the Common, Council of Eugene held November
24, 1947 at 7:30 P.M. The meeting was called to order by his Honor, Mayor Earl
McNutt. Councilmen present at rollcall were - Davis, Crumbaker, Bailey, Johnson, ."
Pennington and Wells. Hawn and Allen absent. .,.......
Upon motion the minutes of the l?st regular meeting held November 10, 1947
were considered read and approved.
I 1 The City Manager presented for Council consideration the following bid on
1 - 1940 Dodge Panel Truck, which had been publicly opened November 24, 1947
and scheduled as follows:
M and M Electric Co. $655.00
The City Manager recommended that the bid be rejected and upon motion by the
Council the bid of M and M.Electric Co. in the amount of $655.00 was rejected.
REPORTS OF COMMITTEES
2 A report of the Public Works Committee re: proposed Amazon Channel im-
provement, was submitted and read as follows:
"Your Committee on Public Works to whom was referred the matter of the
proposed Amazon Channel Improvement begs to report as follows:
That we have examined the preliminary report of the Army Engineers together
with their alternate proposal on type of improvement for the Amazon through the
City of Eugene and that we recommend the following:
1. That the City adopt the proposal for a narrow concrete-lined channel
approximatin, 20 feet in width together with the construction of necessary
culverts and or bridges. The City's share of the preliminary estimated cost
I for such improvement is set at $617,000.00 with the Federal Government par-
ticipating in the extent of $68,000.00.
If the rectangular concrete section is to be adapted, provisions can be
made for future covering of the channel or portion of the same for a cost
estimated between $27,000 and $117,000. The Committee feels that the decision
as to accepting or rejecting this latter item should rest with the Council as
a whole.
We further recommend to the Council that a ballot proposal to ;issue bonds
for the financing of the City's share of the project be prepared bi the Legal
Department and that the proposal include an item of not less than 100,00 for
the future completion of the City's storm sewer system in addition to the
. Amazon project.
In submitting this recommendation, the committee wishes to point out that
the adaptation of alternate proposals, including a wide unlined ditch would
require heavy expenditure for acquisition of right-of-way and the disposal of
excess earth which in the future would have to be replaced should the growth
of the City require a more permanent improvement at some later date."
It was moved by Crumbaker, seconded by Wells that the report of the Committee be
received and placed on file and that the recommendations contained therein be
approved. Motion carried.
I REPORTS OF OFFICERS
A report of the City Manager re: purchase of pumps for pumping station -
3 Chambers-West Moreland Sewer project, was submitted and read as follows:
"In conjunction with our plans and preparations, for installation of the
West-side trunk sewer system, bids were recently invited for the furnishing
of two sewage pumps to be installed in the main pumping stationon West Broadway.
I Bids were submitted to the consulting. engineers as follows:
Fairbanks Morse $1112.46
Worthington Co. 2150.00
Pump, Pipe & Power Co. 1601.50
H. D. Fowler Co. 2105.00
Pacific Pump Co. 2083.00
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Delivery date ranged from 112 days, promised by H. D. Fowler Company to 180 days , ii
promised by Fairbanks Morse Company. ;'
~, The bids and pump specifications were fH,ed, with, the Engineers, for, a report :1--
and recommendation. The Engineer's report recommends Yeoman's Pumps, as bid by
the H. D. Fowler Company as the equipment best meeting the spe'cifications as set:
up:.in "the bId call.: .
It is, therefore, recommended that the Counc.ilauthorize placing of an order
for the Yeoman" s pumps and .that. ,the ne.cessaryexp,enditurebe made, from. .the Sewer ,
Levy Fund,. We likewise haye received from the, Rensselaer Valve Company a quotation ':
for 4 gate valves 6"- and 8" for installation at the pumping station in the amount i: 1
of $345.55. "Thismaterial,~s av~ilable for immediate delivery and it is recommended
that the purchase be, ,authorl.zed., :: '
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It was moved by Crumbaker" seconded ,by Dav1s that .the report. of the Manager be,
received and placed on file and that authorization be given for the purchase of "
pumps and. val,ves as. r,ecommend,ed in the Manage.r.'s .report.,. " Motion" carrie,d. ,:
4 A report of the City Manager re: appropriation for purchase of park lands,
was submitted and read as follows,:
"The Council will recall its action and... that of the Budget, Committee in
appropriat1ing in the 1947-48 budget an item of $25,000.00 under the ,classification
of purchase of park lands, representing the City's participatio~ .with the' Century ..
of Progress Fund for certain trac.ts in the. Amazon Basin south '. of 19,th ,Avenue East.
I have at hand a landsalec'ontracten.tered, into, 'between,..the officers of the ,
Century of Progress Fund and, ,the owners of the Foreman-Petersen tract in the'
principle ~um of $27,000.00 ,pll,ls interest through, Novemb.er 17, 1947 in the amount
of $585.00. The total purchase p~ice of the tract being $30,000 on which the ~
Century of Progress FJ.lndmad.e a d,own. payment of $3,000 at date.. .of purdhase., '
. I am presenting this to the Council at the present time to determine Council's
policy on the expenditure of, the $25,000 land ,purchase fund . in "two res,pects.
1. Whether or not it is .the desire. of' the: C.ouncil..to partic,ipate only to the 1
extent of the $25,000 appropriation or to further assist in the purchase of the .
tract in question by appropriating the additional $2,585.00 to clear up the contract .
at thi s ' time.., , ,
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2. If it is the Council'S desire to accept t~e responsibility for the payment:;
of the contract, calling for an annual payment of ~5,400 principle, plus interest
at.the rate of 2% per annum. .
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Your early consideration and decision in this matter will be appreciated by'
the officers and trustees of the Century of Progress Fund.,~ . . ::
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It was moved by Bailey,. seconded by Crumbaker that the report of the Manager be ':
received and the matter be referred to the Finance Committee for report and recpm- :1
mendation.. :;
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A report of the City Manager re: joint meeting of the Planning Commission and:'
5 the Counci,l,was submitted ..and ,r'ead as f.oll.ows:. j:
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In accordance with instructions given me. .at the last mee:ting, of. the Common "
Council, we are arranging a joint meeting of the Common, Council and the members of
the City Planning .Commission for further discussion of the proposed new City Zoning;!
Ordinance and land use map. This date has been tentatively set early in December ::
and .notice of time and place, will be, given to. all..members", of the Council and the !.
Commission. Our. office has on hand. ,several, letters .and inquiries with reference ::
to ordinance provisions,. and to land ,use ,map and these .communications are being i 1
held for consideration at that meeting, it being my understandin.g that the Council :i
did not desire to take further formal action on the proposed ordinance until an ' .,
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opportunity had been obtained to further discuss the measure with the Planning ::
Commission." '
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It was moved by Davis, seconded by Crumbaker that the report of the Manager be
received and placed on file,. Motion carried. :
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A r ~ port of the' City Manager. re : res igna t ion of Wm. East, City At torney, i 1
6 was..,subml.tted and, read as follows. ,;
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"It. is with genuine reluctance that this office has accepted the resignation ::
of Mr. Wm. East as City Attorney, effective December-I, 1947. In a letter of ': (
reSignation addressed to myself, Mr. East has informed me, he has found it impossible
to find the time necessary to serve as City Attorney and suggests to the Council !:
and to my office the advisability of considering the establishment of a full-time I'
Legal Department.
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I I wish to take this opportunity of publicly thanking Mr. East for the fine
service that he has rendered the City in"-his official ,capacity. ~J
I am, however, pleased to announce at this time the acceptance of Mr. John ci-,.J
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Pennington of the appointment.as City Attorney to succeed Mr. East. This appoint-
ment was discussed at length with Councilmen Bailey and, Wells of the, Judiciary
Commi ttee and it carries their recommendation anddapproval.. I am confident that
Mr. Pennington's background of private practice and experience in municipal affairs
as gained through his service on the Common Council will prove advantageous to
I the City.
In accepting the appointment as City Attorney, Mr. Pennington has asked me
to file with the Council his resignation from your body to be effective December 1,
1947.
In discussing the City Attorney's letter of resignation, the Judiciary Com-
mittee has given serious consideration to the proposal for the establishment of
a full time Legal Department and my office has been instructed by that Committee
to consult with the Eugene Water Board and School District No. 4 with the thought
that these jurisdictions might wish to participat.e in maintaining such a department.
Since the meeting of the Committee, I have also been approached by the City Manager
of Springfield with the suggestion that it might wish to join with us in such a
program. In accordance with these instructions, a study is now being made with
the thought in mind of presenting such a proposal at the time the Council considers
the City's budget for 1948-49.
Trusting that this report obtains your approval, ' lam"
It was moved by Crumbaker, seconded by Bailey that the report of the Manager be
received and placed on file.
It was further moved by Wells, seconded by Davis that a vote of thanks be extended
to Mr. East for his services as City Attorney.
I REPORTS OF BOARDS AND COMMISSIONS
7 A report of the Board of Appeals was submitted and read as follows:
"A meeting of the Board of Appeals was held in the office of the Building
Department, November 21, 1947.
The following petitions, were considered and recommendations made:
1. Petition of May and Mead Company, 857 Pearl Street for permission to
install plate glass windows on South wall of their building. Board grants requests
providing May and Mead Company file agreement with City that the windows will be
discontinued in the event a building should be erected within 20 feet of applicants
property.
2. Request of Wallace Johnston to move a temporary frame office building on
the used car lot at 123 West 11th Avenue. Request granted providing applicant
sets building 20 feet or more, from any adjacent buildings.
3. Request of Mr. Pickell for waiver of set-back at the Southeast corner of
24th and Alder. Board recommends set-back of seven feet on 24th Avenue and a
minimum of 25 feet on Alder Street.
4. Request of L. M. Shannon,1490 Moss Street to add two more apartments
I to his house at above address. Request was denied as Mr. Shannon had been granted
a previous request to remodel his premises in order to provide three apartments.
This would give him a total of four apartments in what was a single family residence
zone.
5. Request of A. S. Save,r, 148 East 15th Avenue, for permission to maintain
four trailer houses on his lot. This request was denied on the premise that our
trailer ordinance permits of only two ~railers to the lot. Any additional units
would constitute a public trailer camp, subject to state regulations,.
I 6. Request of Mrs. D. L. Warren, 715 East 16th Avenue for permission to
locate three trailer houses on her property. This request was denied as our
ordinance permits of two trailer houses to the lot and additional units would
constitute a public trailer camp."
It was moved by Davis, seconded by Crumbaker that the report of the Board be re-
ceived and placed on file and that the recommendations contained therein be
approved. Motion carried.
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PETITIONS AND ,COMMUNICATIONS
":....-.. A petition signed by Paul W. Campbell and 4 others for the vacation of a ,I
'B portion of Moss Street" was. submitted and. read..,
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-J. It was moved by'Crumbaker, seconded by Davis that the petition be received and placed
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cr- on the table.
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A communication from D. Van Fossen and H. E. McGaugh re: alley opening from I
9 Van Buren to Tyler, ,8th to West Broadway, .was, submitted, and re.ad,as follows:
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"We would like to ge.-t some of our views on.. record"about,.,the abo.v.e ,pr.o,posal. I
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We both would like to see the proposed alley go through and we are willing to
donate 14 feet at the, South end ,of our.,prop,erties for such.. use.
However, we are, both. completely, against ,paying any mone.y to complete such an
alley. If there is to be any assessment, or the abutting property owners are to
shar.e in the expenses.' in ,any way, our, vote on the"matterwilLhe"in the negative." ,
It wJs moved by Wells, seconded by Pennington that the communication be received ;:
and, placed on, file. ,
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A communication from Anna Permenter re: r
sidewalk on Filmore Street, was
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10 submitted and read as follows: "
"I hear you. are going.to put in a-sidewalk. You haven',.t- asked me about it t!
and. I haven't the money to pay for .one. This place belongs to my sone so you
will have to write him about it. You have his address. I am a shut-in and can't
get around. Please come and see me."
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It was moved by Davis, seconded by Crumbaker that the communication be received
and placed on ,file.
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The fOllowingrezoning,appl.icationswere submitted:. ,
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11 Dr. J. J. AtTartin, 391 West?th Ave ." from R-3 (Multiple Family) to B-2 (Limited. r I
Business) classification,~,. i
12 R. E. ChiP}erfield, 1635 West 5th Ave., from R-l (Single Family) to 1-2 (Light ,
Industrial,classlfi cation.
It was moved by Davis, seconded by Bailey that the kpplications be transmitted by "
the necessary resolution. to the Planning Commission. !
13 Request.s f.or "the. following street light ins,tallations were submitted: .
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Fairmount Blvd. between 19th Avenue East and Summit.
On Lincoln where alley 'intersects, between 7th and 8th "
Corner of Clark, and. Ash., .
24th and. ,Nixon, "
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In the middle of the alley running north and south between "
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14th, and 15,th and betwe.enWillamette, and Oak.
It was moved by Davis, seconded by Bailey that the City Manager be instructed to
place an order with the..,Eugene Water Board for the installati.on,of said lights. ;:
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14 The following applications for renewal of beer and liquor licenses for the "
year 1948, were submitted.
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PACKAGE ,STORE. CLASS "Bn RETAIL BEER CLASS "B" , I
Tiny Tavern, 394. Blair Tiny ,Tavern, 394 Blair i
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Peterson's Groc., 632,B1air Bill Ross Tavern, 958 Oak (Former f.
Dri ve-In Marke,t, 1222 Willamette trade name - "Ted'sn)
Dave's Pie Shop, 1331 Willamette .
Bill Ross Tavern, 958 Oak (Former WHOLESALE ,BEER LICENSE
,~r~d~ n~~ - ."~g~'s") Minkler-Burris Co.,
Pik a, 3 W. h 260 Ferry
RETAIL, BEER CLAss.nc" I
RESTAURANT LICENSE :'
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Taylor's Coffee Shop, 894 E. l3tfr
Kennedy's Cafe, 878 Willamette
CLUB, LICENSE, ' Os.burn Hote,l, 191 East 8th Ave. I,
Fraternal Order of Eagles #275 PACKAGE STORE. CLASS "A" ~
Law~ence Street Groc., 395 W. 11th " -
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It was moved by Bailey, seconded by Davis tha t the appli'cations as approv'ed by the. ..'
Police Department be endorsed. Motion carried.
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ORDINANCES
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Council Bill No. 274 - Re: Initiating the vacation of a part of Van Ness 'V:)
15 Street, read the first time, November. 10, 1947, was brought on for second reading.
It was moved by Crumbaker, seconded by Davis that Council Bill No. 274 be ~..-
indefinitely postponed. ",.,~ '.
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Council Bill No. 275 - Levying assessments for the paving of Tyler Street
16 between 8th Avenue West and West Broadway (Improvement Ord. No. 9017), read the
I first time'November 10, 1947, was brought on for second reading.
It was moved by Davis, seconded by Crumbaker that the ordinance be read the second
time. Motion carried.
It was moved by Davis, seconded by Crumbaker that the. rules be suspended by unanimo
consent and the ordinance be read the third time and given final passage. All
Councilmen present voting AYE, the ordinance was declared passed and numbered 2Q21.
Hawn and Allen absent.
17 Council Bill No. 276 - Levying assessments for the paving of Ferry St. between
17th and 19th Avenues East (Improvement Ord. No. 8995), read the first time
November 10, 1947, was brought on for second reading.
It was moved by Davis, seconded by Crumbaker that the ordinance be read the second
time. Motion carried.
It was moved by Davis, seconded by Crumbaker that the rules be suspended by unanimou
consent and the ordinance be read the third time and given final passage. All
Councilmen present voting AYE, the ordinance' was declared passed and numbered ~.
Hawn and Allen absent.
Council Bill No. 277 - Levying assessments for the paving of Alder St. from
18 25th to 27th Avenues East (Improvement Ord. No. 8987), read the first time November
10, 1947, was brought on for second reading.
I It was moved by Davis, seconded by Crumbaker that the ordinance be read the second
time. Motion carried.
It was moved by Davis, seconded by Crumbaker that, the rules be suspend,ed by unanimou
consent and the ordinance be read the third time and given final passage. All
Councilmen present voting AYE, the ordinance was declared passed and numbered .2.Q12..
Council Bill No. 278 - Levying assessments for the paving of Tyler St. between
19 12th and 13th Avenues West (Improvement Ord. No. 8952), read the first time November
10, 1947, was brought on for sec.ond reading.
It was moved ~by Davis, seconded by Crumbaker that the ordinance be read the second
time. Motion carried.
It was moved by Davis, seconded by Crumbaker that the rules be suspended by unanimou
consent and t~e ordinance be read the third time and given final passage. All
Councilmen present voting AYE, the ordinance was declared passed and numbered ~.
Hawn and Allen absent.
Council Bill No. 279 - Levying assessments for the paving of Nixon St. from
20 24th to 25th Avenues East (Improvement Ord. No. 8942), read the first time November
10, 1947, was brought on for second reading.
It was moved by Davis, seconded by Crumbaker that the ordinance be read the second
I time. Motion carried.
It was moved by Davis, seconded by Crumbaker that the rules be suspended by unanimou
consent and the ordinance be read the third time and given final passage. All
Councilmen present voting AYE, the ordinance was declared passed and numbered ~.
Hawn and Allen absent.
Council Bill No. 280 - Levying assessments for the paving of Monroe St. from
21 19th to 22nd Avenues West (Improvement Ord. No. 8940), read the first time November
I 10, 1947, was, brought on for ,second reading..
It was moved by Davis, seconded by Crumbaker that the ordinance be read the second
time. Motion carried,.
It was moved by Davis, seconded by Crumbaker. that the rules be suspended by unanimou
consent and the ordinance be read the third time and given final passage. All
Councilmen present voting AYE, the ordinance was declared passed and numbered ~.
Hawn and Allen absent.
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..~::;; . -'. Council Bill No. 283 - Re: Reclassification of Lots 10 and 11, Block 14, i!
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22 Chambers Addition, from single family to multiple family, was submitted and read I:
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the first time. ' . I:
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CO It was moved by Davis, seconded by Crumbaker that the rules be suspended by "
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"-" unanimous, conse,nt, and. the,' ordinanc,e.be r,ead the second time...,
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It was moved by Davis, seconded by, Johns.on. "that the rul~s be f.urther. suspended and I'
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the ordinance be read the third time and given final passage.' All Councilmen
present voting AYE,' the' ordinance was declared passed and numbered 9083. Hawn I
and,. Allen,absent.... . ' , -
Council Bill No. 284 - Re: Reclassification of the East half. of Lot 6,
23 Block 5, University Addition from single family to multiple family, was submitted
and"read the fir.st time.
It was moved by Crumbaker, seconded by Davis that Council Bill No. 284 be in-
"definitely postponed. Motion carried. ;
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RESOLUTIONS
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A Resolution - Transmitting to the Planning Commission various applications "
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24 for rezoning, was, submitted,and.r,ead as ,follows,:. . : '
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"BE IT RESOLVED, by the. Common.C.ounc!.l of the City of Eugene, Oregon that ~:
there is hereby transmitted to the City Planning Commission of said City, the' i:
following petitions for rezoning of property in said City, to-wit: '!
DR. J. J., MARTIN: r~
Lot 6, Block 4, Packard's. Addition to Eugene, ,Oregon" "
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Property located at 391 West 7th Avenue. "
Req.uested change from R-3 classification toB-.2classifi?ation. I
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,R. E.. ,CHIPPERFIEID: . . i:
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Lot 10, Block 11, Croner'.s, 2nd ,Addition, to. Eug'ene, Oregon. I,
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Property loc~ted at 1635 West 5th Street. "
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Requested change from R-l, Single Family Residence Dist~ict to .
1-2, ,Industrial District.
and directing the Planning .Commis,s,ion to adopts tentative re.port and to hold a
hearing, ttiereon in theCouticiLChambers in the City Hall of said Ci tyon Tuesday, "
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'December 2, 1947, at 7:30 o'clock P.M., after giving due notice by publication "
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once in the Eugene Register...Guar,d, and in ,case of favorable report on any of said I
requests, a hearing ,is, hereby called to be held at the City Hall at the next en- I'
suing regular Council meetirig, commendfng at 7:30 o'clock P.M., notice of which
shall be given thr..ee, times in"theEugen'e Regi.ster, Guard.'" ::
It was' moved by Davis, seconded by Crumbaker that the resolu~ion be adopted. .
Motion. carri,ed. ;'
City Attorney East reported orally that a request had been made of the City
by Mr. Clay Barnes for the trading of certain parcels of .property.,adjacent to the
25 'Malibar Hei.ghts Addition and, Hendricks, Park. It was pointed out that ,at the time
the addition was platted, the park boundary stakes that had been in existence for j;
32 years had been used for establishing the boupdaries of the addition but that
subseque'nt search had disclosed an error on, the, park boundary."line which in turn
necessitated a replatting of ,,'t'he,adaition and a loss ,to the, City of a certain I
portion of that tract dedicated to Eugene WaterBoard as a reservoir site. : It was i:
suggested that by exchange of quit claim deeds that the boundaries could be es-
tablished without damage, to either party. I. I
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It was moved by Bailey, second.ed by Crumbakerthat the Mayor and, City Manager
be authorized to execute and, to receive quit.. claim deeds to satisfactorily clear
up this matter. Such deeds to be approved as to description by the City Engineer
and as to form by the City Attorney. Motion carried" '
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UPON MOTION THE COUNCIL ADJOURNED. ': I
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R~spectfully'submitted. I'
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Deane Seeger
. City Manager
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