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HomeMy WebLinkAbout04/28/1952 Meeting e Sl~ I ~ 3:'- Q() <r: - ~ e I . I e I e r I I COUNCIL CHAMeERS, EUGENE; OREG'ON. APRIL 28, 1952. THE REGULAR MEETING OF THE COMMON COUNCIL 6F THE CITY OFEUGENE,ORtri6~, HELD I~ THE CITY HALL ON, APRI L 14., 1952 AND ADJOURNED TO APRI L 28, 1952 AT 7:30 P.M. WAS CALLED TO ORDER ~Y HI S HONOR, MAYOR V. E. JOHNSON WITH THE FOLLOWING COUNCILMEN PRESENT: CRUM~AKER, ALLEN, GODLOVE, SMITH, KOPPE, AND SIEGENTHALER. COUNCILMAN WATSON ARRIVED AT 7:45 P.M. AND COUNCILMAN BOOTH TOO~ HIS SEAT IN THE COUNCIL CHAMeERS AT 8:25 P.M. I !I il II :i ), 1 : II II II II I! Ii II II Ii I' II I! II THE MINUTES OF THE LAST REGULAR MEETING HELD APRIL 14, 1952 AND ADJOURNED TO APRIL 28, 1952 WERE READ AND APPROVED. .THIS ~EING THE DATE SET FOR THE AWARD OF CONTRACTS FOR .VARIOUS IMPROVEMENT PROJECTS, THE FOLLOWING ~IDS WERE TA~ULATED, AS OPENED PU~LICLY AT 10:00 A.M. ON APRlL ~3, 1952: NAME OF BIDDER 3i" A.C. PAVe 5" A.C. PAVe 7" CONCRETE 22ND AVE. FROM WASHINGTON TO JEFFERSON j I CENTRAL HEATING COMPANY ACME CONSTRUCTION COMPANY $ 3,419.90 3,712.65 $ $ BOTH BIDS WERE ACCOMPANIED BY A CERTIFIED CHECK OR BIDDERS BOND AND WERE IN PROPER ORDER. CITY MANAGER RECOMMENDED THAT THE BID OF CENTRAL HEATING COMPANY BE ACCEPTED. IT WAS MOVED BY CRUMBAKER, SECONDED BY ALLEN THAT THE BID OF CENTRAL 'HEATING COMPANY BEING THE BEST AND LOWEST BID SUBMITTED, BE APPROVED AND THAT THE PROPER CITY OFFICERS BE AUTHORIZED TO ENTER INTO A CONTRACT WITH CENTRAL HEATING COMPANY FOR PAVING 22ND AVENUE FROM WASHINGTON TO JEFFERSON STREET IN THE AMOUNT OF $3,419.90. ROLLCALL VOTE. MOTION CARRIED. . POLK STREET FROM 12TH TO 18TH AVENUE CENTRAL HEATING CO.' ACME CONSTRUCTION COMPANY W. H. SHI ELDS FRED STUBBERT 30,633.18 32,770.40 39,461 .60 39,,587.10' ALL BIDS WERE ACCOMP~NIED BY A _CERTIFIED CHECK OR BIDDERS BOND AN~ ~ER~ IN PROPER ORDER. CITY MANAGER RECOMMENDED THAT THE BID OF CENTRAL HEATING COMPANY BE ACCEPTED. I T WAS' MOVED BY CRUMBAKER, SECONDED BY ALLEN THAT THE BI D OF CENTRAL HEAT! NG COMPANY BEING THE BEST AND LOWEST BID SUBMITTED, BE APPROVED AND THAT THE PROPER CITY OFfiCERS BE AUTHORI ZED TO ENTER INTO A CONTRACT WITH CENTRAL HEATING COMPANY FOR PAVING POLK STREET FROM 12TH TO 18TH AVENUE IN THE AMOUNT OF $30,633.18. ROLLCALL VOTE. MOTION CARRIED. 18TH ~VENUE FROM PEARL TO ALDER STREET ( I 'I " ,I . Ii II Ii II Ii II III Ii CENTRAL HEATING COMPANY ACME CONSTRUCTION COMPANY W. H. SHIELDS 26,5Gl3.4Q,l 18,895.8(;) 20,619.40 ALL BIDS WERE ACCOMPANIED BY A CERTIFIED CHECK OR BIDDERS BOND AND WERE IN PROPER ORDER. CITY MANAGER RECOMMENDED THAT THE BID OF CENTRAL HEATING COMPANY BE ACCEPTED. ITWAS MOVED BYCRUMBAKER, SECONDED BY ALt8N THAT THE BID,OF CENTRAL HEATING COMPANY BEING THE BEST AND LOWEST BID SUBMITTED, BE APPROVED AND THAT THE PROPER CITY OFFICERS BE AUTHORIZED TO ENTER INTO A CONTRACT WITH CENTRAL HEATING COMPANY FOR PAVING 18TH AVENUE FROM PEARL TO ALDER STREET IN THE AMOUNT OF $18,895.80. ROLLCALL VOTE. MOTION CARRIED. 18TH AVENUE FROM POLK 'TO CHAMBERS CENTRAL HEATING COMPANY ACME CONSTRUCTION COMPANY WESTERN CONSTRUCTION COMPANY W. H. SHIELDS 18,801.32 20,093.60 23,076.74' 24,159.65 ALL ;BIDS WERE ACCOMPANIED BY A CERTIFIED CHECK OR BIDDERS BOND AND WERE IN. PROPER ORDER. CITY MANAGER RECOMMENDED THAT THE BID OF WESTERN CONSTRUCTION COMPANY BE ACCEPTED. IT WAS MOVED BY CRUMBAKER, SECONDED BY ALLEN THAT THE BID OF WESTERN CONSTRUCTION COMPANY BEING THE BEST AND LOWEST BID SUBMITTED, BE APPROVED AND THAT THE PROPER CITY OFFICERS BE AUTHORIZED TO ENTER INTO A CONTRACT WITH WESTERN CONSTRUCTION COMPANY FOR PAVING 18TH AVENUE FROM POLK TO CHAMBERS STREET IN THE 'AMOUNT.OF $23,076.74. ROLLCALL VOTE. MOTION CARRIED. VAN BUREN - 5TH TO ALLEY BET. 5TH & 6TH AVENUE CENTRAL HEATING CO. ACME CONSTRUCTION COMPANY I ,957. I (]) 2,439.80 ~ r-- 8 2, e ALL BIDS WERE ACCOMPANIED BY A CERTIFIED CHECK OR BIDDERS BOND AND WERE IN PROPER ORDER. CITY MANAGER RECOMMENDED THAT THE ,BID OF CENTRAL HEATING COMPANY BE ACCEPTED. I IT WAS MOVED BY CRUMBAKER, SECONDED BY ALLEN THAT THE BID OF CENTRAL HEATING COMPANY BEING THE BEST AND LOWEST BID SUBMITTED, BE APPROVtD AND THAT THE PROPER OITY OFFICERS BE AUTHORI ZED TO ENTER I NTO A CONTRACT WI,TH CE,NTRAL HEATI NG COMPANY FOR PAVI,NG. VAN BUREN STREET FROM 5TH AVENUE TO THE ALLEY BETWEEN '5TH AND 6TH AVENUE IN THE AMOUNT OF $1,957.10. ROLLCALL VOTE. MOTION CARRIED. 3i" A. C. P A V . 5" A.C. PAVe 7" CONCRETE BIDDER MISSION FROM VAN NESS TO,(. LINE OF LOT 9, BLK. 2, 1ST ADDITION TO FAIRMOUNT HEIGHTS ACME CONSTRUCTION COMPANY CENTRAL HEATING'COMPANy 4,584.00 4,632.10 ;) 'BOTH BIDS WERE ACCOMP~NIED BY A CERtiFIED CHECK OR BIDDERS BOND AND WERE IN PROPER ORDER. . . . . . - - . . . . . . . . . - . . . ~ . . - . . - . CITY MANAGER RECOMMENDED THAT THE BID OF ACME CONSTRUCTION COMPANY BE ACCEPTED. e . .. ........ - . . . . - . I T WAS MOVED BY CRUMBAKER, SECONDED BY ALLEN THAT THE BID OF ACME CONSTRUCTION COMPANY BEING THE BEST AND LOWEST BID SUBMITTED, BE APPROVED AND THAT THE PROPER CITY OFFICERS BE~ AUTHORIZED TO ENTER INTO A CONTRACT WITH ACME CONSTRUCTION ~OMPANY FOR PAVI~G MISSION FROM VAN NESS TO THE EAST LINE OF LOT 9, BLOCK 2, 1ST ADDITION TO FAIRMOUNT HEIGHTS IN THE AMOUNT OF,$4,584.00. ROLLCALL VOTE. MOTION CARRIED. OAK FROM N. BOUNDARY OF PLUMMER'S ADD. TO 25TH AVE. I CENTRAL~HEATING COMPANY ACME CONSTRUCTION COMPANY 3,229.32 3,478.95 BOTH BIDS WERE ACCOMPANIED BY A CERTIFIED CHECK OR BIDDERS BOND AND WERE IN PROPER ORDER. CITY MANAGER RECOMMENDED THAT THE BID OF CENTRAL HEATING COMPANY BE ACCEPT~D. I T WAS MOVED BY CRUMBAKER, SECONDED BY ALLEN THA'T THE BID OF 'CENTRA'L ',-kATI'N'G COMPANY BEING THE BEST AND LOWEST BID SUBMITTED, BE APPROVED AND THAT THE PROPER CITY,OFFICERS BE AUTHORIZED TO ENTER INTO A CONTRACT WITH CENTRAL HEATING COMPANY FOR PAVdNG OAK- STREET FROM NORTH.BOUNDARY OF PLUMMER'S ADDITION TO 25TH AVENUE IN THE AMOUNT OF $3,229.32. ROLLCALL VOTE. MOTION CARRIED. . ALLEY BETWEEN CHARNELTON & OLIVE, 20T~ TO 21ST FRED STUBBERT - 6" CONCRETE - $2,164.70 THIS BID WAS ACCOMPANIED BY A CERTIFIED CHECK OR BIDDERS BOND AND WAS IN PROPER ORDER. CITY MANAGER RECOMMENDED THAT THE BID OF FRED STUBBERT BE ACCEPTED~ IT WAS MOVED BY CRUMBAKER, SECONDED BY ALLEN THAT THE BID OF FRED STUBBERT BE APPROVED AND THAT THE PROPER CITY OFFICERS BE AUTHORIZED TO ENTER INTO A CONTRACT WITH FRED STUBBERT FOR . . . . - . . . .. .. . PAVING THE ALLEY BETWEEN CHARNELTON & OLIVE, FROM 20TH TO 21ST AVENUE IN THE AMOUNT OF $2,164.70. ROLLCALL VOTE. MOTION CARRIED. I 29TH AVENUE FROM HILYARD TO HARRIS STREET CENTRAL HEATING COMPANY ACME CONSTRUCTION COMPANY ,7, 207.46 7,594.55' BOTH BIDS WERE ACCOMPANIED BY A CERTIFIED CHECK OR BIDDERS BOND AND WERE IN PROPER ORDER. CITY MANAGER RECOMMENDED THAT' THE BID OF CENTRAL HEATING COMPANY BE ACCEPTED. e IT WAS MOVE6 BY CRUMBAKER S~CONDED BY ALLEN THAT TH~ enD OF CENTRAL 8EATING COMPANY BEiNGT~E BtST ~ND Lo~isT BID SUBMI~TED BE APPROVED AND THAT THE PROPER CITY OFFI.CERS BE AUTHORIZED T6 ENTER INTO A C6NTRACT WITH CENTRAL HEATING COMPANY FOR PAVING 29TH AVENUE FROM HILYARD TO HARRIS STREET IN THE AMOUNT OF $7,207.56. ROLLCALL VOTE. MOTION CARRIED. LINCOLN STREET FROM 29TH TO 30TH AVENUE ~CME CONSTRUCTION COMPANY CENTRAL HEATING COMPANY WESTERN CONSTRUCTION COMPANY 7,121.90 7,496.00 ~ 9,084;45 ALL BIDS WERE ACCOMPANIED BY A CERTIFIED CHECK OR BIDDERS BOND AND WERE IN PROPER ORDER. CITY MANAGER RECOMMENDED THAT THE BID OF ACME CONSTRUCTION COMPANY BE ACCEPTED. IT WAS MOVED BY CRUMBAKER, SECONDED BY ALLEN THAT THE BID OF ACME CONSTRUCTION COMPANY BEING THE BEST AND LOWEST BID SUBMITTED BE APPROVED AND THAT THE PROPER CITY OFFICERS BE AUTHORIZED TO ENTER INTO A CONTRACT WITH ACME CONSTRUCTION COMPANY FOR PAVI NG LINCOLN STREET FROM 29TH TO 30TH AVENUE IN THE AMOUNT OF $7,121.90. ROLLCALL VOTE. MOTION CARRIED. I e ~ e 8-3~ I C-' tt 0/. < -- <'I e I . I e I e 2 3 4 ~ il Ii I !I I II ,I !I I BIDDER 3tlt A.C. PAVING PEARL STREET fROM 28TH TO 29TH AVENUE CENTRAL HEATING COMPANY ACME CONSTRUCTION COMPANY $ 6, 64CL 52 6,9!il5.70 BOTH BIDS WERE ACCOMPANIED BY A CERTifiED CHECK OR BIDDERS BOND AND WERE IN PROPER ORDER. CITY MANAGEA RECOMMENDED THAT THE BID Of CENTRAL HEATING COMPANY BE ACCEPTED. IT WAS MOVED BY CRciMBAKER, SECONDED BY ALLEN THAT THE BID Of CENTRAL HEATING COMPANY BEING THE BEST AND LOWEST BID SUBMITTED, BE APPROVED AND THAT THE PROPER CITY OffiCERS BE AUTHORI ZED TO ENTER INTO A CONTRACT WITH CENTRAL HEATING COMPANY fOR PAVING PEARL STREET fROM 28TH TO 29TH AVENUE iN THE AMOUNT Of $6,640.52~ ROLLCALL VOTE. MOTION CARRIED. STORM SEWER WEST SIDE POLK STREET fROM AMAZON TO 18TH AVENUE COAST CONSTRUCTION ~.C. D. JESKE WI'LLARD, 'F. STONEBURNER W. H. SHIELDS $ 2,077.5' 2,485.10 2,675.50 "._ I 'I II i I i :1 II Ii Ii il II II I, I I I II Ii , II I: I I i I I ALL BIDS WERE ACCOMPANIED BY A CERTifiED CHECK OR BIDDERS BOND AND W~RE IN PROPER ORDER. CITY MANAGER ~ECOMMENDiD THAT THE BID OiCOAST CONSTRUCTION AND C. D. JtSKE BE 'AtCEPTED. IT WAS MOVED BYCRUMBAKER, SECONDED BY A~LEN THAT THE BID Of COAST CONSTRUCTION AND C. D. JESKE BEING THE BEST AND LOWEST BID SUB~ITTED, BE APPROVED AND THAT THE PROPER CITY OffiCERS BE AUTHORI ZED TO ENTER INTO A CONTRACT WITH COAST CONSTRUCTION & C. O. JESKE fO~ INSTALLATioN Of A STORM SEWER ON THE WEST SIDE Of POLK STREET fROM AMAZON TO 18TH AVENUE: IN THE AMOUNT Of $2,077.50. ROLLCALL VOTE. MOTION CARRIED. THIS BEING THE DATE SET fOR THE'CO'NSID'ERATION Of BIDS OPENED ON APR'IL 2'2, '1952 ,"AT 10:00 A.M. fOR SALE Of PROPERTY AT 6TH AND POLK STREETS, THE fOLLOWING BIDS WERE SUBMITTED: A. C. COLLETT JAMES G. COUGILL $ 4,OOG.00 2,375.00 IT WAS RECOMMENDED THAT ALL BIDS BE REJECTED AND T~E PROPERTY HELD BY THE CITY. IT WAS MOVED BY CRUMBAKER, SECONDED BY ALLEN THAT THE BIDS BE REJECTED AND THE PROPERTY HELD BY THE CITY. ROLLCALL VOTE. MOTION CARRIED. REPORTS OF OFFICERS AN ORAL RE~6RT ~AS GIVEN,BY THE CITY MANAGER AND RECEIVED B~ THE COUNCIL. THE CITY MANAGER BRIEfLY ANALYZED THE IMPROVEMENT PROGRAM fOR THE YEAR AND READ THE 16 IMPROVEMENT PROJECTS WHICH ARE BEING ADVERTISED fOR BID OPENING ON MAY 7TH. HE ALSO ADVISED THAT THE FIRST NATIONAL BANK IS PREPARING TO ACCEPT OUR IMPROVEMENT WARRANTS BASED UPON EACH I NDI VI DUAL PROJECT AT AN I NTERES1T RATE Of 3-1/2%. MR. RALPH'RoDERicK, CONSULTING ENGINEER WITH CORNEL~, HOWLAND, HAYES & MERRYfIELD PRESENTED THE SEWAGE DISPOSAL PRELIMINARY SKETCHES AND BRIEfLY OUTLINED THE ENTIRE PROJECT. PLANS ARE TO CALL fOR BIDS ON THE INITIAL STAGES Of THIS WORK IMMEDIATELY AfTER 'APPROVAL Of THE $75e,000.00BOND ISSUE AT THE PRIMARY ELECTION ON MAY 16TH. REPORTS OF COMMITTEES A REPORT Of THE FINANCE AND PUBLIC WORKS COMMITTEES - RE: SALE Of CITY HALL PROPERTY OR LIBRARY SITE ~AS SUBMITTED AND READ AS fOLLOWS: "A MEETI NG Of THE F'I NANCE AN"D" PUBLI C WORKS COMMI TTEES WAS HELD ON APRI'L 18, 1952 WITH THE fOLLOWING PRESENT: MAYOR JOHNSON; COtiNCILMEN BOOTH, SMITH, GODLOVE, KOPPE, SIEGENTHALER AND WATSON; CITY MANAGER; CITY ATTORNEY AND CITY RECORDER. THIS MEETING WAS HELD TO fURTHER CONSIDER THE POSSIBILITY Of SELLING THE PRESENT CITY HALL SITE OR LIBRARY SITE AT THE INTERSECTION Of 11TH AND WILLAMETTE STREETS. AT A PREVIOUS MEETING HELD WEDNESDAY, APRIL 16, 1952, MR. N. THOMAS STODDARD Of COMM9NWEALTH I NC.' I N PORTLAND AND MR. L. S. POST Of COLDWELL, BANKE,R & COMPANY " N SAN FRANCI SCO HAD REQUESTED AN OPINION fROM THE CITY COUNCIL RELATIVE TO THE POSSIBLE PURCHASE Of EITHER Of THESE CI TY OWNED SI TES IN CON"NECTION WI TH A LARGE RETAI L DEVELOPMEN'T IN THI S AREA. . THE CITY ATTORNEY GAVE THE fOLLOWING LEGAL OPINION IN CONNECTION WITH THE AUTHORITY TO SELL THE PRESENT CITY HALL SITE OR THE LIBRARY SITE. -::.' ~ ""'-8' 4 e -"" - -- . -_._-~.-,.------ ---,--.--..- "IN RESPONSE TO 'YOUR 'ORAL'-~NQU~RY FOR AN OPINION AS TO THE POSSIBILITY OF THE CITY OF EUGENE SELLING THE PRESENT CITY HALL'SITE AND THE LIBRA~~ PROP~~TY, YOU ARE ADVISED AS FOLLOWS: I I. IT IS MY OPINION THAT THE CITY HALL PROPERTY CANNOT BE SOLD BY THE CITY OF EUGENE UNLESS THE COMMON COUNCIL IS AUTHORIZED TO DO SO BY A CHARTER AMENDMENT ADOPTED ~~~THE VOTE~S 9F THE C~TY O~ EUGENE. THIS OPINION, JS BASED"UPON THE FACT THAT THE PRESENT CITY ,HALL PROPERTY WAS DESIGNATED AS THE SITE FOR THE CITY HALL IN THE CHARTER AMENDMENT WHICH WAS ADOPTED BY 'THE PEOPLE AUTHORIZING THE PURCHASE. IN ORDER TO DESIGNATE ANOTHER SITE FOR A CI,TY HALL IN THE CITY OF ,EUGENE, IT WOULD ,B~ MY OP!NI ()N T~A:r, ANJ\ADDI TI,ONAL CHARTER AMENDMENT WOULD BE ~EQUI RED. IN ,ADDI TI ON TO THE FOREGOING LEGAL REASON, I CALL THE COUNCIL'S ATTENTION TO THE FACT THAT SINCE THE CITY OF EUGENE WAS ESTABLISHED ANY CHANGE OF THE CITY HALL HAS BEEN BY A VOTE OF THE PEOPLE, AND IT IS MY OPINION THAT THIS IS A GOOD PRECEDENT TO BE FOLLOWED BY THE COMMON COUNCIL. 2. THE AVAILABLE RECORDS PERT~INING TO THE CARNEGIE-GRANT LIBRA~Y HAVE BEEN EXAMINED, AND NO SPECIFIC PROHIEHTION 'AGkINS-T-SELLING 'THEPROPERTY-H'ASBEEN FOUND. HOWEVER, IT IS TO BE NOTED jHAT ALL OF THE RECORDS ARE NOT AVAILABLE AND THERE IS A POSSIBfLITYTHAT THE GRANT OF CARNEGIE FUNDS WAS REST~I~TED ~O THAT IF THE LIBR~RY PROPERT~'W~~ EVER SOLD, THAT THE FUNDS WOULD REVERT TO THE CARNEGIE ENDOWM~NT fUND. IT IS My'SUGGESTION THAT A LETTER'BE WRITTEN TO THE CARNEGIE FUND, REQUESTING AN' OPINION UPON THIS POINT AND A STATEMENT OBTAINED FROM THEM THAT THEY WOULD MAKE NO . , .. 1 " - , 1 ' ,,'. CLA 1M TQ ANY _OF THE FU'NDS DER I VED FROM THE 'SALE OF THE, PROPERTY, ,IF A SALE,WERE MADE'.' IN THE' ABSENCE e'F ANY' CLAI M BY THE CARNEGI E FUND, THERE I S 'NO LEGAL' RES'TRI C- TlqN 911I THE ,SALE OF 11;1,E L,I BR1ARY PROPERT,Y, A,ND I T COULD BE,_SOLD WI T,HOUT A VO,TE OF TH'r 'PEQ'PLE'.' THE"DEEDS_H'AVE BEEN EXAr\lINED AND TH'ERE I.S NO: RESTRICT,IOIII C,ONTAINED THEREIN." '. , e I I~ CONNECTION WITH THIS WRITiENOPINION IT WAS SU~GESTED THAT A LETIE~ BE WRITTEN TO THE CARNEGI E ENDOWMENT FUND TO -ASCERTAI N I F ANY RESTRI ClI ONS EXI'ST I NCONNECTI ON WI TH THE DISPOSAL OF THE PRESENT LIBRARY BUILDING WHICH WAS PARTIALLY FI~ANCED, THROUGH THE ..' : CARNEGIE ENDOWMENT FUND. THE POSSIBILITY OF ACQUIRING A NEW LOCATION FOR CITY HALL' OPERATIONS WAS DISCUSSED AND I T WAS AGREED THAT A LONG R,A~,GE PLAN SHOULD BE THOROUGHLY STUDI ED BEFORE, ANY 'ACTI ON OF ANY KIND COULD BE TAKEN I-N CONNECTION WITH THE DISPOSAL OF THE PRESENT CITY HALL. THIS STUDJ SHOULD INCLUDE ADEQUATE FACILITIES FOR ALL MUNICIPAL OPERATIONS PROPERLY LOCATED TO BEST SERVE THE PEOPLE OF EUGENE. . HOWEVER, THE SALE OF THE LIBRARY SITE AT THIS TIME PRESENTED SOME VERY DEFINITE POSSIBILITIES AND THE COMMITTEE MADE THE FOLLOWI NG RECOMMENDATIONS TO THE CITY COUNCIL. THAT THE C'TY MANAGER BE INSTRUCTED TO INVESTIGATE THE POSSIBILITY OF MOVING THE LIBRARY INTO THE GROUNDFLOOR,OF THE CITY HALL WHICH WAS PREVIOUSLY OCCUPIED BY THE tUGENE WATER &"ELECTRIC BOARD, AND TO I~VESTIGATE THE SQUARE FOOTAGE AVAILABLE FOR LIBRARY PUR~9SES. IF THE CITY COUNCI~ AND LIBRARY BOARD FELT THAT THIS AREA IN THE PRESENT CITY HALL WOULD BE ADEQUATE FOR LIBRARY FACILITIES UPON A TEMPOR'ARY BASI S, THEN IT ,WO'ULD BE POSSIBLE TO SELL THE LI BRARY SI TE TO THE ,. . -" - ~. '. . , . "- . . HIGHEST AND BEST BIDDER, AFTER PROPER NOTIFICATION AND ADVERTISEMENT. IN MAKING THIS RECOMMENDATION, IT WAS ALSO BROUGHT OUT THAT THIS WAS ONLY THE FIRST STEP IN THE STUDY FOR A FUTURE CITY HALL AND LI'BRARY AND THAT IT ~OULD GIVE SUFFICIENT TIME TO CONSIDER ALL POSSIBI~ITIES." 'I I: 11 I I I I No ACTION TAKEN. 5 A REPORT OF THE FINANCE & JUDICIARY COMMITTEES ~ RE: 3% ADMISSION TAX - DECISION OF OREGON SUPREME COURT WAS SUBMITTED AND READ AS FOLLOWS: e "PRESENT: MAYOR JOHNSON, COUNCILMEN BOOTH, CRUMBAKER, GODLOVE, SMITH, KOPPE, SIEGENTHALER AND WATSON; CITY MANAGER; CITY ATTORNEY; AND CITY RECORDER. A REVIEW OF THE SUPREME COURT DECISION RELATIVE TO THE 3% ADMISSION TAX WAS MADE. THE CITY ATTORNEY CALLED ATTENTION TO CERTAIN PORTIONS OF THE DECISION, WHICH ARE AS FOLLOWS: i'WE ARE OF THE OPINION THAT THE DECISION OF THIS, COURT IN THE LENT CASE CONCLUSIVELY . . . . ESTABLISHES THE POWER Of THE CITY OF EUGENE, UNDER }HO?E ?UBDIVISIONS Of SEC. 48 Of ITS CHARTER RESPECTING THE RIGHT TO 'LICENSE, TAX, AND REGULATE.', TO WHICH ATTENTION HAS BEEN CALLED" !.o LEV,Y A~D I MPO_~E OCCUPATION TAXES FOR THE PURPOSE: OF RAI SI NG REVENUE . . . . . I e ~ e 85~ I P' 1.1'; 00 < ,..... '>::t e I . I e I e II "THE'QUESTION BEFORE US IS NOT WHETHER THE CITY OF EUGENE HAS THE POWER TO MEASURE THE AMOUNT TO BE PAID'AS A LICENSE OR OCCUPATION,TAXBY THE GROSS RECEIPTS OF THE BUSINESS, BUT RATHER IT IS WHETHER IT HAS DONE.SO UNDER THE PROVISIONS OF THIS ORDINANCE. WE ARE HERE CONCERNED WITH THIS PARTICULAR ORDINANCE AND WITH THE PARTICULAR TAX THEREIN IMPOSED. IT IS IMMATERIAL THAT THE CITY MIGHT ACCOMPLISH THE SAME END BY, A DIFFERENT METHOD OF A DIFFERENT TAX; McLEOD V. D~LWORTH COL, 2Q5 ARK 780, 171 SW 20 62, 322 US327, 88 L SO 1304, 1306. 64 S CT 1923. "THE MOST SI GNI FI CANT THI NG ABOUT THI S PROVI'SION I S THAT THE SO-CALLED 'LI tENSE TAX' IS NOT LEVIED OR IMPOSED DIRECTLY UPON THE PERSON OPERATING THE BUSINESS AS A TAX UPON HIS RIGHT TO CARRY ON HIS PURSUIT; TO THE CONTRARY, IT IS A TAX LEVIED AND IMPOSED UPON THE BUSINESS ITSELF. . . . . "UNDER THIS SECTION THE LICENSEE IS DESIGNATED A TRUSTEE FOR THE CITY. A TRUSTEE OF WHAT? THE ORDINANCE SPEAKS FOR ITSELF. HE ISA TRUSTEE OF THE TAXES,COLLECTED BY VIRTUE OF THE PROVISIONS OF SEC. 4 (A). ONE CANNOT BE A TRUSTEE OF HIS OWN FUNDS. THE LICENSEE, THEREFORE, IS MADE A TRUSTEE Of. FUNDS BELONGING EXCLUSIVELY TO THE CITY. HE BECOMES A TRUSTEE FOR THE CITY OF 3% OF EACH ADMISSION CHARGE COLLECTED, EXCLUDING THE FEDERAL ADMISSIONS TAX ON ADMISSIONS. THE RIGHT.AND OWNERSHIP OF THE CITY ATTACHES IMMEDIATELY AS EACH ADMISSION IS PAID. THREE PER CENT THEREOF NEVER BECOMES THE.PROPERTY OF THE LICENSEE. WE CANNOT-GIVE EFFECT TO THE PROVISIONS OF SEC. 5 UNLESS THIS IS TRUE, AND WE HAVE NO RIGHT TO ELIMINATE THAT SECTION FROM 'THE ORDINANCE. IT IS WHOLLY IMMATERIAL WHETHER THE,LICENSEE ADDS THIS TAX TO THE ESTABLISHED ADMISSION PRICE OR ABSORBS THE TAX HIMSELF, EITHER OF WHI CH COURSE HE MAY PURSUE. I TIS 'A TAX ON ADMI SSI ONS IN EI THER CASE, AND HE IS SIMPLY THE COLLECTOR, CUSTODIAN, AND TRUSTEE OF THE TAX SO COLLECTED UNTIL HE ACCOUNTS TO THE .CITY THEREFOR AND PAYS THE SAME OVER. No PERSONAL LIABILITY ATTACHES 'TO HIM FOR THE AMOUNT OF TAX COLLECTED UN~ESS AND UNTIL HE FAILS 'TO PROMPTLY ACCOUNT AND REMIT TO THE CITY RECORDER THE LICENSE CHARGE HEREIN PROVIDED', AS SET FORTH IN SEC. 6 OF THE ORDINANCE. PERSONAL LIABILITY, LOSS OF LICENSE, AND PUNISHMENT BY FINE ARE BUT THE PENALTIES PROVIDED FOR A BETRAYAL BY THE LICENSEE OF THE TERMS OF HIS TRUST. "THE PROVISIONS OF SEC. 5 SIMPLY CARRY OUT THE INTENT AND PURPOSE OF SEC. 4 (A). As WE BEFORE OBSERVED, THE LEVY UNDER SEC. 4 (A) IS DIRECTLY AGAINST THE BUSINESS ITSELF AND IS NOT A TAX IMPOSED UPON THE PERSON CONDUCTING THE BUSINESS, AS A CONDITION OF HIS RIGHT TO CARRY' ON HIS OPERATIONS. THIS TAX DOES NOT POSSESS ANY OF THE EARM~RKS OF A LICENSE OR OCCUPATION TAX. ON THE OTHER HAND, THE ORDINANCE CLEARLY DISCLOSES THAT THE TAX IMPOSED IS A PURE EXCISE IN THE NATURE' OF AN ADMISSIONS TAX. IT IS A TYPE OF SALES TAX. IN EFFECT, IT IS PRECISELY THE SAME AS THE FEDERAL ADMI SSI ONS ,TAX. "As BEFORE OBSERVED, A 0'1 FFERENT RULE APPLI E.S IN 'TESTI NG THE EXERCI SE OF A POWER TO TAX, FROM THAT WHICH APPLIES IN DETERMINI-NG THE EXISTENCE OF SUCH POWER. IF THE POWER EXISTS, THEN THE LEGISLATIVE BODY HAS THE RIGHT TO FINALLY DETERMINE THE AMOUNT OR RATE OF A TAX, I N THE ABSENCE OF CON.STI TUTI ONAL PROHI BI TJ ONS. I T MAY LEVY A TAX OF ANY AMOUNT IT SEES FIT. THE POWER IS UNLIMITED IN ITS REACH AS TO SUBJECTS TO BE TAXEDj AND ALSO IN ITS VERY NATURE ACKNOWLEDGES NO LIMITS, AND MAY BE CARRIED TO THE EXTENT OF EXHAUSTION AND DESTRUCTION, THUS IN ITS EXERCISE BECOMING A POWER TO DESTROY. MCCULLOCH V. MARYLAND, 4 WHEAT (US) 316 4 l ~D 579. I, I ,I \ 'I /: II Ii II II "As STATED I N I COOLEY, TAXATION 4TH ED, 181, SEC. 72: 'IF THE TAXES ARE OPPRESSIVE OR UNJUST, THE ONLY REMEDY IS THE BAGLOT BOX AND THE ELECTION OF NEW REPRESENTATIVES. ... THE JUDICIARY CAN AFFORD NO REDRESS AGAINST OPPRESSIVE TAXATION, SO LONG AS THE LEGISLATURE, IN IMPOSING,IT, SHALL,KEEP WITHIN THE LIMI~S OF LEGISLATIVE AUTHORITY, AND VIOLATE NO EXPRESS PROVISION OF THE, CONSTITUTION.... "THE AMOUNT OF A LICENSE OF OCCUPATION TAX, WHERE IT IS A TAX AS DISTINGUISHED FROM - -- - ------ ,- A FEE IMPOSED IN THE EXERCISE OF THE POLICE POWER, IS WITHIN THE DISCRETION OF THE LEGiSLATURE ANDCrnOT BE REVIEWEDBY THE COURTS. I TIS "ONLY WHEN THE LI CENSEITE - - -- IS EXACTED SO~ELY AS A POLICE REGULATION THAT THE COURT CAN CONSIDER WHETHER IT IS SO UNREASONABLE AS TO AMOUNT TQ,APROHIBITION."...'(ITALICS OURS.)" , "THE STATEMENT BY COOLEY, WHICH WE HAVE EMPHASIZED, IS SUBJECT TO SOME QUALIFICATIONS. IF AN OCCUPATION TAX IS PALPABLY ARBITRARY, CAPRICIOUS, AND UNREASONABLE, 'IT IS MANIFEST THAT THE COURTS SHOULD AFFORD RELIEF THEREFROM. SOMr COURTS H~V~ DONE SO. MORTON V. CI TV OF MACON, 1.11 GA 162, 36 SE627, 50 LRA 485; CI TV OF LOUI BVI LLE V. POOLEY, 136 Ky 286, '-24 SW 31'5, .25 LRA NS 582, AND NOTE." IN ACCORDANCE WITH THE ABOVE VECISION, IT IS APPARENT THAT, U~DERTHE CHARTER or THE CITY OF EUGENE THE COMMON COUNCIL HAS THE AUTHORITY TO LEVY AND COLLECT AN OCCUPATIONAL TAX FOR REVENUE PURPOSES. IT WAS RECOMMENDED THAT THE CITY MANAGER AND CITY ATTORNEY INVESTIGATE THIS ENTIRE SUBJECT AND REPORT BACK TO THE COUNCIL AT AN EARLY DATE WLTH R~COMMENDATIONS. IT WAS BROUGHT OUT THAT IF THIS REVENVE IS NOT COLLECTED, THAT THE PARKS AND PUBLIC SAFETY DEPARTMENTS OF THE CITY WILL BE ADVERSELY AFFECTED." II I /, IT WAS MOVED BY CRUMBAKER, SECONDED BY ALLEN THAT THE REPORT OF THE COMMITTEE BE RECEIVED AND PLACED ON FILE. MOTION CARRIED. ~ r-- 8 6', e 6 'A REPORT Of ,THE PUBLIC WORKS COMMrTTEE - RE: BIDS fOR ELECTRICAL EQUIPMENT; VARIANCES; CONTRACT AWARDS; IMPROVEMENT PROJECTS; REQUEST Of E. W. ,IE. B.; WAS SUBMITTED AND READ AS fOLLOWS: ~A MEETING Of THE PUBLIC WORKS COMMITTEE ~AS.HELD ON FRIDAY, APRIL 25, 1952 WITH "THE fOLLOWING PRESENT~ MAYOR JOHNSON) 'COUNCILMEN CRUMBAKER, GODLOVE AND 'SIEGENTHALER; CITY MANAGER AND CITY ENGINEER~' I. I T,'WAS RECOMMENDED THAT THECI TY MANAGER BE GI VEN AUTHORI TY ,TO" CALL..fOR BI'DS fOR THE I NSTALLATI ON Of ELECTRrCAL EQUrPMENT AT,'THE POLK STREET PUMPI NG STAll ON (THE CI TY HAS THE ELECTRICAL MATERIAL ON HAND'fOR THIS INSTAL~ATION fROM PREVIOUS PURCHASES). THIS PROJECT WOULD BE ADVERTISED IN THE REGISTER GUARD ON APRIL 29, AND MAY 2, 1~52 AND BID OPENING AT 10:0(1) A.M. MAY 9TH fOR COUNCIL ACTION ON MAY 12, 1952. IT IS ESTIMATED THIS WORK WILL'NOTEXCEED$4,7()(l):; AND WLLL COMPLETE THE INSTALLATION Of THE SANI'TARY AND STORM'SEWER PUMPING STATION AT'THE NORTH END Of POLK STREET. 2. REQUESTS fOR VARI ANCES., ,. A. THE REQUEST Of W. I. REES'fOR A ,VARI ANCE TO CONSTRUCT A,'TWO STORY BUI LDI NG fOR BUSI NESS PURPOSES ON THE 'NORTHWEST, C;ORNER Of PATTERSON AND 1.9TH AVENUE WAS REfERRED TO THE PLANNING COMMISSION., "B. ,THE REQUEST 'Of MRS. DE: ETTA' CHAPMAN Of .881 E. 24TH AVENUE TO 'CONSTRUCT A DUPLEX ON HER VACANT LOT IMMEDIATELY WEST Of THE ABOVE ADDRESS WAS CON- SIDERED. THIS LOT WAS 63 fEET BY 135 fEtT AffORDING SUffiCIENT AREA, AND INASMUCH,AS PROPERTY OWNERS IN THE NEIGHBORHOOD HAVE SIGNifiED THAT THEY HAVE NO 'OBJECTIONS, THE COMMITTEE RECOMMENDED THAT MRS. CHAPMAN'S REQUEST BE GRANTED, PROVIDED PROPER PLANS ARE PREVIOUSLY APPROVED BY THE BUILDING DEPARTMENT. C., THE REQUEST Of MR. ELMER LOUDEN TO 'CONSTRUCT TWO APARTMENTS OVER A GARAGE BUILDING TO HOUSE fiVE AUTOMOBILES WAS WI THHELD ,fOR FURTHER STUDY. IT WAS SUGGESTED THAT THE OPINION Of ADJACENT PROPERTY OWNERS BE SECURED IN CON- NECTION WITH THIS REQUEST. D. THE COMMITTEE REVIEWED THE REQUEST Of REV. WALTER Huss, PASTOR Of THE EUGENE FOUR SQUARE CHURCH fOR A WAIVER Of THE Sa-fOOT SETBACK ~EQUIREMENTS fROM SIDE LI NES fOR CHURCH, STRUCTURES. THE FOUR SQUARE ,CHURCH DESI RES TO CONSTRUCT A CHAPEL ON THE WESTSI.DE Of CLEVELAND STREET BETWEEN 18TH AND ,1,9TH AVENUES. INASMUCH AS ADJACENT PROPERTY OWNERS HAVE GIVEN THEIR APPROVAL 'TO THE'WAIVER Of THE SETBACK LINE AND THAT PROPERTY OWNERS HAVE GIVEN .THEIR APPROVAL TO THE WAIVER Of THE SETBACK LINE AND THAT PRESENT SIDE LI'NES UNDER THEIR PLANS WOULD BE 18 fEET ON THE NORTH AND-20 fEET ON THE SOUTH, IT WAS RECOMMENDED THAT THIS VARIANCE BE GRANTED.' IT WAS NOTED THAT THE CHURCH PROPERTY CON- SISTED Of APPROXIMATELY 30,500 SQUARE fEET, PROVIDING AMPLE ROOM fOR THESE .RECOMMENDED SETBACK LINES, AS WELL AS PARKING SPACE. E. THE COMMITTEE REVIEWED.THE REQUEST Of W. K. EWING, 2691 PORTLAND STREET TO SUBDIVIDE HIS CORNER LOT AT THIS ADDRESS INTO TWO BUILDING SITES. THIS LOT IS 150.fEET ON 27TH lAND 57-1/2 fEET ON PORTLAND STRE'ET WHICH:WOULD PROVIDE TWO LOTS WITH 4,312 SQUARE fEET EACH. THE HOUSE ON THE REAR WOULD fACE 27TH AND THE PRESENT HO()'SE fA'CES "PORTLAND. THI S RECOMMENDATION WAS MADE INASMUCH AS OTHER PROPERTY ACROSS THE STREET IN THIS AREA HAS BEEN SUBDIVIDED IN THIS MA NN'ER. 3. IN ACC:ORDANCE WI TH THE RECOMMENDATIONS Of THE CI TY MANAGER AND CI TY ENGI NEER, THE COMMITTEE RECOMMENDED THAT THE COUNCIL AWARD THE fOLLOWING PROJECTS TO THE LOW BIDDER AS SHOWN. STREET BIDDER AMOUNT TYPE PAVING CENTRAL - . . - ... CENTRAL CENTRAL WESTERN .,HE AT HEAT HEAT CONST. $ 3,41?:9ID 30,633.18 18,895.80 23,(1)1'76.74 3'-1/2" A.C. "5" A.C. 5" A.C. 7" CONCRETE 22ND - WASHINGTON Ta JEffERSdN POLK - 12TH TO 18TH AVENUE 18TH - PEARL To.ALDER 18TH - POLK TO CHAMBERS VAN BUREN - 5TH TO ALLEY BET. 5TH I' 6TH "AVE.NUE MI SSI ON - VAN NESS T'O E. .LI NE LOT 9, BLK. 2, 1ST ADD. TO FAIRMOUNT OAK - N. BOUNDARY PLUMMERS ADD. TO 25TH ALLEY BET. CHARNELTON I OLIVE-2a-2IST 29TH~ HILYARD TO HARRIS L I NCOl'N' - 29TH :TO '30TH PEARL - 28TH TO 29TH STORM 'SEWER WEST SIDE POLK f~OM AMAZON 'TO 18TH AVENUE CENTRAL HE:AT I ,957. I (D 3-1/2"A.C. 4,584.00 3,229.32 2,164.70 7 , 267.46 ' ' 7, I 21 .90' . 6, 6'4@.52 3-1/2"A.C. 3-1/2"A.C. B" CONCRETE 3-1/2"A.C. 3-1/2,I1A.C. 3-1/2"A.C. ACME CONST. CO. CE NTRAL 'HEA T FRED Sl'UBBERT CENTRAL HEAT ACME CONST. ,CO. 'CENTRAL HEAT COAST CONST. I C. D. JESKE 2,(,)77.50 ~ Ii I ,e I '.>. . I e I e e '87 ~ I II II 4. IMPROVEMENT PROJECTS - THE COMMiTTEE RECOMMENDED THAT THE COUNCIL APPROVE THE FOLLOWING PROJECTS FOR THE 1952 CONSTRUCTION SEASON. A. B. C. ~ D. H~ 00 <-:t ~ c::c Eo ' F. e G. H. I., I J. , K. <<,l' L. " " 5. THE . TURES IN A. . CONCRETE SIDEWALK ON THE EAST AND WEST SIDE OF FERRY - 29TH TO 30TH - 59.09%. PAVING CHAMBERS FROM 8TH TO I ITH AV~NUE - 75.67%. PAVI,NGUNIVERSITY FRPM ,28TH TO 29TH PLACE. - 51 .6%~PROVIDED THIS IMPROVEMENT IS SATISFACTORY TO THE ALICE MARIE CHILDREN'S HOME). . PAVING 1ST AVENUE FROM BLAIR TO WEST CITY LIMITS - 53.71% (THIS PROJECT IS RECOMMENDED FOR APPROVAL UPON, RECEIPT OF LETTER FROM ~HE U. S. DEPARTMENT OF AGRICULTURE FOREST SERVICE tiNDER DATE OF APRIL 23, 1952 STATING THAT THE'Y WOULD PAY FOR THE 300-FEET OF FOOTAGE OWNED BY THE WI LLAMETTE NATI ONAL FOREST, AND WITH THE UNDERSTANDING THAT WORK WOULD NOT BEGIN ~N THE PROJECT UNTI L AFTER JULY I, 1952.) PAVING MADISON STREET FROM 18T~ TO 21ST AVE. - 59.87% (IT WAS UNDERSTOOD THAT THE WIDTH OF THIS PROJECT WILL BE REDUCED SO AS NOT TO HARM THE LARGE TREES ON THIS STREET. WIDENING WILLAMETTE STREET FROM 13TH TO 17TH - 54.@3% (IT WAS AGREED THAT IT WOU~D BE DESIRABLE TO EXTEND THIS PROJECT TO EITHER 18TH OR 19TH AVENUE BUT INASMUCH AS THE MAJORITY OF THE PEOPLE IN THESE TWO BLOCKS OPPOSE THE WIDEN- ING AT THIS TIME~ ~HE,COMMITTEE AGREED TO RECOMMEND THAT ~HEPROJECT ,TO 17TH AVENUE 'BE APPROVED FOR THIS YEAR'S WORK.) , PAVING WEST BROADWAY FROM GRANT TO GARFIELD - 54.19%. CONCRETE SIDEWALKS ON HARRIS STREET FROM 25TH TO 29TH (WEST SID~) - 53.70%. ,CONCRETE SIDEWALKS ON 29TH AVE. FROM WILLAMETTE, TO FERRY - ~8.89%. CONCRETE SIDEWALKS ON WILSON STREET, WILSON COURT AND 14TH AVENUE IN BERKELEY PARK ADDITION. INSTALLATION OF SANITARY SEWERS FROM 36TH TO 40TH BETWEEN WEST CITY LIMITS AND HILYARD STREET, AT THE REQUEST OF 39 PROPERTY OWNERS IN THAT AREA. PAVING OF PORTLAND STREET FROM THE NORTH BOUNDARY OF FRASIER-HYLAND ADDITION TO 27TH AVENUE; 27TH AVENUE FROM WILLAMETTE TO PORTLAND STREET; 26TH AVENUE ,FROM PORT.LAND TO TH,E ALL,EY BETWEEN OL I VE 'AND McMI LLA.N; McM LLAN FROM THE NORTH BOUNDARY OF FRASIER-HYLAND ADDITION TO 26TH AVENUE. FOLLOWING IMPROVEMENT PROJECT WAS WITHHELD FOR FURTHER STUDY AND MORE SIGNA~ CONNECTION WITH UNIFORM PAVING PROJECTS OF THE ENTIRE AREA. PAVING OF PATTERSON FROM 18TH TO 19TH WAS WITHHELD WITH THE RECOMMENDATION THAT,ALL OF THE UNPAVED PORTION OF PATTERSON STREET BE INCLUDED IN THIS PROJECT BETWEEN 14TH AND 19TH AVENUES. 6. THE COMMITTEE REVIEWED THE REQUEST OF THE EUGENE WATER & ELECTRIC BOARD TO SELL THE TRIANGULAR PIECE OF GROUND AT THE INTERSECTION OF PORTLAND STREET AND WILLAMETTE STREET., THIS TRIANGULAR PIECE ,OF GROUND IS 80.5 FEET ON WILLAMETTE STREET AND 55 FEET ON PORTLAND STREET, PREVIOUSLY INTENDED FOR THEIR NEW PUMP HOUSE. INASMUCH AS THIS PIECE OF GROUND IS SO CLOSELY RELATED TO THE FUTURE INTERSECTIONAL DEVELOPMENT OF PORTLAND STREET, WILLAMETTE STREET AND CREST DRIVE, IT WAS RECOMMENDED THAT THE CITY OF EUGENE RETAIN THIS FOR ~UTURE STREET PURPOSES." I IT WAS MOVED BY CRUMBAKER, SECONDED BY ALLEN THAT THE REPORT OF THE PUBLIC WORKS COMMITTEE BE ADOPTED. MOTION CARRIED. (ROLLCALL VOTE) REPORTS OF BOARDS AND COMMISSIONS 7 A REPORT OF THE BOARD OF ApPEALS - RE: VARIANCES - ASSEMBLY OF GOD CHURCH; AND DAN DION WAS SUBMITTED AND READ AS FOLLOWS: e "A MEETING OF THE BOARD OF ApPEALS WAS HELD AT THE CITY HALL, APRIL 24, 1952 WITH THE FOLLOWING MEMBERS PRESENT: MR. LUVAAS, MR. GILLILAN AND MR. MORRIS. THE FOLLOWING REQUESTS FOR VARIANCES WERE CONSIDERED: REQUEST OF THE ASSEMBLY OF GOD CHURCH, 13TH AND MADISON FOR WAIVER OF THE 50-FOOT SETBACK REQUIREMENT FROM THEIR WEST PROPERTY LINE. THE NEW CHURCH IS PLANNED WITH A THREE FOOT SETBA~K FROM A SEVEN FOOT ALLEY WHICH PARALLELS THEIR WE~T PRpPERTY LINE. To THE WEST OF SAID ALLEY IS A 24 FOOT COUNTY ACCESS ROAD WHICH SERVES THE CATTLE BARNS ON THE FAIRGROUND PROPERTY. THE PROPERTY TO THE WEST OF THE PROPOSED CHURCH BELONGS TO LANE COUNTY AND ~ONTAINS THE MUSEUM BUILDING. THE BOARD HELD THEIR' APPROVAL IN ABEYANCE PENDING A LETTER FROM THE COUNTY COURT APPROVING THE VARIANCE OF SETBACK. THE MATTER OF, MR. DAN DION WHO OWNS PROPERTY AT 560 WEST 25TH AVENUE AND DESIRES TO EXTEND HIS LI.VING ROOM AND BEDROOM OVER HIS GARAGE. THIS GARAGE AT PRESENT ,EXTENDS BiYOND MR. DION'S WEST PROPERTY LINE AND IT WILL BE NECESSARY TO MOVE THE WEST'WALL OF SAID GARAGE TO HIS OWN PROPERTY. THE BOARD WITHHELD ITS APPROVAL TO BUILD ON THE PROPERTY LINE PENDING A WRITTEN AGREEMENT BETWEEN MR. DION AND HIS NEIGHBOR.TO THE WEST, THAT MR. DION WI LL REMOVE ,HI S BUILDI NG AND CONSTRUCT A RETAI NI.NG WALL AS REQUESTED BY MR. AND MRS. THOMPSON. THIS AGREEMENT TO BE IN THE FORM OF A CONTRACT SIGNED BY BOTH PARTI ES. I THERE BEING NO FURTHER BUSINESS MEETING ADJOURNED." e IT WAS MOVED BY CRUMBAKER, SECONDED BY ALLEN THAT THE REPORT OF THE BOARD OF ApPEALS BE ADOPTED. MOTION CARRI,ED. ~ ~88 e PETITIONS AND COMMUNICATIONS I 8 AN APPLICATION FOR A RETAIL MALT, CLASS A LIQUOR LICENSE WAS SUBMITTED BY FREDA BAIRD, THE GAB'LE TAVERN, 2845 WllLAMETTE STREET, AS APPROVED BY THE POll CE DEPA'RTMENT. IT WAS MOVED BY SMITH, SECONDED BY BOOTH THAT THE' APPLICATION BE.' REFERRED TO T.HE PUBLIC SAFETY COMMITTEE. MOTION ~iRRIED. 9 , ' PETITION FOR THE ANNEXATION OF THE SUNNY HOLLOW AREA WAS SUBMITTED. IT WAS MO~ED ~~' CRUMBAKER, SEc6NDED BY ALLEN THAT THE PETITION BE REFERRED TO THE PUBLIC WORKS COMMITTEE. MOTION CARRIED. 10 COMMUNICATION FROM CLYDE BEATTYO/RCUS - RE: ASSURANCE OF PROMPT PERFORMANCE& AT THE CIRCUS TO 'BE HELD JUNE 13, 1952 WAS SUBMI TTED. IT WAS MOVED B~ SMITH, SECONDED BY SIEGE~~H~LER THAT THE CLYDE B~ATTY CIRCUS BE GIVEN A LICENSE ib OPERATE IN THE CITY OP EUGENE ON FRIDAY, JUNE 13, 1952. MOTION tARRIED. e II COMMUNICATION FROM THE CORPS OF 'ENGINEERS, SEATUE DISTRICT -RE: 'EXTENSION OF LEASE COVERING PROPERTY USED FOR ORGANIZED RESERVE CORPS HEADQUARTERS WAS SUBMITTED AND READ. IT W~S MOVED BY CRUMBAKER, SECONDED BY ALLEN THAT ~HE PROPER CITY OF~ICERS BE AUTHORIZED TO ENTER INTOAG~EEMENT FOR LEASE OF THIS PROPERTY, AND THAT THE RESOLUTION BE PASSED BY THE COUNCIL. MOTION"CARRIED. I 12 COMMUNI~ATION fROM THE RETAI~ MERCHANTS DIVISION OF THE 'CHAMBER OF COMMERC~ - RE: DAYLIGHT-SAVING TIME WAS SUBMITTED AND READ AS FOLLOWS: "AT'A' SPECIAL MEE'lING OF THE'RETAIL MER'CHANTS DVISION OF EUGENE~ HELD AT THE DEL REY CAFE, 10:00' A.M., TH.IS MOR'NING, DISCUSSION TOOK PLACE UPON THE ISSUE OF DAYLIGHT SAVING TIME FOR EUGENt DURING THE SUMMER MONtHS OF THIS YEAR. SINCE THE ANNOUNCEMENT BY GOVERNOR DOUGLAS MCKAY LAST WEEK, THAT' DAYLIGHT SAVING TIME WOULD NOT OFFICIALLY BE O'BSERVED'STATEWIDE IN OREGON THIS YEAR, MORE THAN 200 INDIVIDUAL TELEPHONE CALLS FROM CITIZENS AND BUSINESSMEN HAVE BEEN RECEIVED AT THE CHAMBER OF COMMERCE OFFICE'; EXPRtSSING THt HOPE THAT DAYLIGHT HOUR~, CON'ORMING TO TIME PATTERNS OF MAJOR CITIES OF THE PACIFIC COAST, MIGHT BE ESTABLISHED FOR EUGENE ON A COMMUNITY BASIS, IF STATEWIDE OBSERVANCE OF DAYLIGHT TIME COULD NOT BE ACHIEVED. . ,_.- AT TODAY'S MEETING, ONLY ONE DISSENTING OPINION WAS EXPRESSED AGAINST DAYLIGHT' HOURS F6R EUGENE; ABOUT TEN TELEPHONE CALLS HAVE BEEN RECEIVED IN THE CHAMBER OFFICE VOICING OPPOSITION TO DAYLiGHT SAVING TIME, IN COMPARISON TO ,MORE THAN 200 CALLS FAVORING SUCH TIME FOR EUGENE. YOUR BODY HAS BEEN REQUESTED TO RECEIVE THE FOLLOWI NG RESOLUTION, WITH THE HOPE THAT ,FAVORABLE ACTION WILL FOLLOW: WHEREAS: MAJOR METROPOLITAN CENTERS OF THE' PACIFIC COAST ARE OBSER~ING'DAYLIGHT SAVING TIME, AND I WHEREAS: FAILURE TO CORRES~QNQ ,TQ ,THESE MAJOR T/MEPATTE~NS WOULD RESULT IN SPECIFIC ECONOMIC LOSSES, AND WHEREAS: EUGENE IS AN IMPORTANT ECONOMIC CENTER OF THE PAclF)C COAST REGION, 'WITH DEPENDENCY UPON COMMUNICATION WITH MAJOR POPULATION CENTERS, THEREFORE BE IT RESOLVED THAT THE RETAIL MERCHANTSDIVISION'OF EUGENE STRONGLY URGE THE FAVORABLE ACTION OF THE COMMON COUNCIL OF THE CITY OF EUGENE IN ESTABLISHING DAYLIGHT SAVING TIME FOR EUGENE, ALONG THE PATTERN BEING CONSIDERED BY SUCH CITIES AS PORTLAND, MEDFORD, SALEM, AND OTHER COMMUNITIES IN OUR STATE. 'e IT WAS F0RTHER ORDERED THAT THI$ COMMUNIC~TION BE DIRECTED TO THE ATTENTION OF YOUR BODY FOR CONSIDERATION AT TONIGHT'S COUNCIL MEETING." IT WAS MOVED BY CRUMBAKER, SECONDED BY ALLEN THAT THE COMMUNICATION BE REFERRED TO THE CIT~ ATTORNEY AND T~E JUDI'CIARY COMMITTEE OF THE COUNCIL. MOTION CARRIED. ORDINANCES 13 COUNCIL[BILL No. 1263 - RE: PAVING WEST BROADWAY FROM GRANT TO GARFIELD STREETa ~~~ is'l'JBM'ITTE'D 'AN'DCRE:AD::TflEf:F,1RSiTGT(IME>',J:r\.r:,:ru:t-t.. ",', ,'."v '."i' " ,> "J;:~':')'--:;' ':::, IT WAS MOVED BY'CRUMBAKER, SECONDED BY ALLEN THAT THE BILL BE READ THE SECOND TIME BY TI TLE ONLY, WI TH UNANI'MOUS CONSENT OF THE COUNCI L. ,MOT'ION CARRI ED UNANI MOUSLY AND'THE BI LL WAS READ THE SECOND TIME BY TITLE ONLY. I e ~ e 8:9 ~ I It'''' 11"'\ .......11 Qj <: ~ c::1: e I . I e I e 14 15 1 il IT WAS MOVED BY CRUMBAKER, SECONDED BY ALLEN THAT THE RULES BE SUSPENDED AND THE BILL BE READ THE THIRD TIME BY TITLE ONLY, WITH UNANIMOUS CONSENT O~ THE COUNCIL. MOTION CARRIED UNANIMOUSLY AND THE BILL WAS READ THE THIRD TIME BY TITLE ONLY. iT WAS MOVED BY CRUMBAKER, SECONDED BY ALLEN THAT THE COUNCIL BILL BE APPROVED AND GIVEN FINAL PASSAGE. ALL COUNCILMEN PRESENT VOTING AYE. THE BILL WAS DECLARED PASSED AND NUMBERED 10040. COUNCIL BiLL No. 1204 - RE: ADOPTING PLANS AND SPECIFICATIONS FOR PAVING WEST BROADWAY FROM GRANT TO GARFIELD WAS SUBMI'TTEDc,AND"READ:THE:FIRST'nME IN':FULL" (! ; . ., .,:~, ~"" C._ , IT WAS MOVED BY CRUMBAKER, SECONDED BY ALLEN T~AT THE BILL BE READ THE SECOND TIME BY TITLE ONLY, WITH UNANIMOUS CONSENT OF THE COUNCIL. MOTION CARRIED UNANIMOUSLY AND THE BILL WAS READ THE SECOND TIME BY TITLE ONLY. IT WAS MOVED BY CRUMBAKER, SECONDED BY ALLEN'THAT THE RULES BE SUSPENDED AND THE BILL BE READ THE THIRD TIME BY TITLE ONLY, WITH UNANIMOUS CONSENT OF THE COUNCIL. MOTION CARRIED UNANIMOUSLY AND THE BILL WAS READ THE THIRD TIME BY TI TLE ONLY. IT WAS MOVED BY CRUMBAKER, SECONDED BY ALLEN THAT THE COUNCIL BILL BE APPROVED AND GIVEN FINAL PASSAGE. ALL COUNCILMEN PRESENT VOTING AyE. rHE BILL WAS DECLARED PASSED AND NUMBERED 10041. ' I I ! I, :1 ji II :/ 1, :1 I I I I , COUNCIL BILL No. 1312 - RE: PAVING CHAMBERS STREET FROM 8TH TO 11TH AYENUE WAS SUBMITTED AND READ THE FIRST TIME IN FULL. IT WAS MOVED BY CRUMBAKER, SE~ONDED BY ALLEN THAT THE 'BILL BE READ THE SECOND TIME BY TITLE ONLY, WITH UNANIMOUS CONSENT OF THE COUNCIL. MOTION CARRIED UNANIMOUSLY AND THE BILL WAS READ THE SECOND TIME BY TITLE ONLY. IT WAS MOVED BY CRUMBAKER, SECONDED BY ALLEN THAT THE RULES BE SUSPENDED AND THE BILL BE READ THE THIRD TIME BY TITLE ONLY, WITH UNANIMOUS CONSENT OF THE COUNCIL. MOTION CARRIED UNANIMOUSLY AND THE BILL WAS READ'THE'THIRD'TIME BY TITLE ONLY. IT WAS MOVED BY CRUMBAKER, SECONDED BY ALLEN THAT THE COUNCIL BILL BE APPROVED AND GIVEN FINAL PASSAGE. ALL COUNCILMEN PRESENT VOTING AYE. THE BILL WAS DECLARED PA~SED AND NUMBERED 10042. ' COUNCIL BILL No. 1~13 - RE: ADOPTING PLANS AND SPECIFICATIONS FOR PAVING CHAMBERS STREET FROM 8TH TO 11TH AVENUE WAS SUBMITTED AND READ THE FIRST TI,ME IN FULL. , I I I I 1\ 'I II 'I II II II II II I I IT WAS MOVED BY CRUMBAKER, SECONDED BY ALLEN THAT THE BILL BE READ THE SECOND TIME BY TITLE ONLY, WITH UNANIMOUS CONSENT OF THE COUNCIL. MOTION CARRIED UNANIMOUSLY AND THE BILL WAS READ THE SECOND TIME BY TITLE ONLY. IT WAS MOVED BY CRUMBAKER, SECONDED BY ALLEN THAT THE RULES BE SUSPENDED AND THE BILL BE READ THE THIRD TIME BY TITLE ONLY, WI TH UNANIMOUS CONSENT OF THE COUNCIL. MOTION CARRIED UNANIMOUS~Y AND THE BILL WAS READ THE THIRD TIME BY TITLE ONLY. IT WAS MOVED BY CRUMBAKER, SECONDED BY ALLEN THAT THE COUNCIL BILL BE APPROVED AND GIVEN FINAL PASSAGE. ALL COUNCILMEN PRESENT VOT,ING AYE. THE BILL WAS DECLARED PASSED AND NUMBERED 10043. COUNCIL BILL No. 1314 - RE: PAVING MADISON STREET FROM 18TH TO 21ST AVENUE WAS SUBMITTED AND READ THE FIRST TIME IN FULL. IT WAS MOVED BY CRUMBAKER, SECONDED BY ALLEN THAT THE BILL BE READ THE SECOND TIME BY TITLE ONLY, WITH UNANIMOUS CONSENT OF THE COUNCIL. MOTION CARRIED UNANIMOUSLY AND THE BILL WAS READ THE SECOND TIME BY TITLE ONLY. IT WAS MOVED BY CRUMBAKER, SECONDED BY ALLEN THAT THE RULES BE SUSPENDED AND THE BILL BE READ THE THIRD TIME BY TITLE ONLY, WITH UNANIMOUS CONSENT OF THE COUNCIL. MOTION CARRIED UNANIMOUSLY AND THE BILL WAS READ THE THIRD TIME BY TI TLE ONLY. II I IT WAS MOVED BY CRUMBAKER, SECONDED BY ALLEN THAT THE COUNCIL BILL BE APPROVED AND GIVEN FINAL PASSAGE. ALL COUNCILMEN PRESENT VOTING AYE. THE BILL WAS DECLARED PASSED AND NUMBERED 10044. COUNCIL BILL No. 1315 - RE: ADOPTING PLANS AN~ SPECIFICATIONS FOR PAVING MADISON STREET FROM 18TH TO 21ST AVENUE WAS SUBMITTED AND READ THE FIRST TIME IN FULL. I T WAS MOVED BY CRUMBAKER, SECONDED BY ALEEN THAT THE BILL BE READ THE SECOND TIME BY TITLE ONLY, WITH UNANIMOUS CONSENT OF THE COUNCIL. MOTION CARRIED UNANIMOUSLY AND THE BILL WAS READ THE SECOND TIME BY TITLE ONLY. IT WAS MOVED BY CRUMBAKER, SECONDED BY ALLEN THAT THE RULES BE SUSPENDED AND THE BILL BE READ THE THIRD TIME BY TITLE ONLY, WITH UNANIMOUS CONSENT OF THE COUNCIL. MOTION CARRIED UNANIMOUSLY AND THE BILL WAS ~AD THE THIRD TIME BY TITLE ONLY. IT WAS MOVED BY CRUMBAKER, SECONDED BY ALLEN THAT THE COUNCIL BILL BE APPROVED AND GIVEN FINAL PASSAGE. ALL COUNCILMEN PRES~NT VOTING AYE. THE BILL WAS DECLA~eD PASSED AND NUMBERED 10045. ~ ~90 e 16 COUNCIL BILL No.' 1316 - RE: PAVING OAK STREET FROM 26TH TO 27TH AVENUE WAS SUBMITTED AND READ THE,FIRST TIME IN FULL. I IT WAS MOVED BY CRUMBAKER, SECONDED BY ALLEN THAT THE BILL BE READ THE SECOND TIME BY TITLE ONLY, WITH UN~N1MOUS CONSENT OF'THE COUNCIL. MOTION CARRIED UNANIMOUSLY AND THE BILL WAS READ THE SECOND'TIME BY TITLE 'ONtY'~ IT WAS MOVED BY CRUMBAKER, SECONDED BY ALLEN THAT THE RULES BE SUSPENDED AND THE BILL BE READ THE THIRD TIME BY TITLE ONLY, WITH UNANIMOUS5CONSENT OF THE COUNCIL. MOTION CARRIED UNANIMOUSLY AND THE BILL WAS'READ THE THIRD TIME BY TITLE ONLY. IT WAS MOVED BY CRUMBAKER, SECONDED BY ALLEN THAT THE COUNCIL BILL BE APPROVED AND GIVEN FINAL PASSAGE. ALL COUNCILMEN PRESENT VOTING AYE. THE BILL,WASDECLARED PASSED AND NUMBERED 10046. COUNCIL BILL No. 1317 - RE: ADOPTING PLANS AND SPECIFICATIONS FOR PAVING OAK STREET FROM 26TH TO 27TH AVENUE-WAS SUBMITTED 'AND READ THE FIRST TIME IN FULL. IT WAS MOVED BY CRUMBAKER, SECONDED BY ALLEN THAT THE BILL BE READ THE SECOND TIME BY TITLE ONLY, WITH UNANIMOUS CONSENT OF THE COUNCIL. MOTION CARRIED UNANIMOUSLY AND THE BILL WAS READ THE SECOND TIME BY TrTLE ONLY. e I T WAS MOVED BY CRUMBAKER SECONDED BY ALLEN THAT THE RULES BE SUSPENDED AND THE BI LL BE READ THE THIRD TIME BY TITLE ONLY, WITH UNANIMOUS CONSENT OF THE COUNCIL. MOTION CARRIED UNANI MOUSLY AND THE 'BI LL WAS READ THE THI RD TI ME BY TI TLE ONLY.: I IT WAS MOVED BY CRUMBAKER, SECONDED BY ALLEN THAT THE COUNCIL BILL BE APPROVED AND GIVEN FINAL 'PASSAGE. ALL COUNCILMEN PRESENT 'VOTING AYE. THE BILL WAS DECLARED PASSED AND NUMBERED 10047; 17 COUNCIL BILL No. 1318 - RE: PAVING FIRST AVENUE FROM BLAIR TO WEST CITY LIMITS WAS SUBMITTED ~ND READ THE fiRST TIME IN FULL. . IT WAS MOVED BY CRUMBAKER, SECONDED BY ALLEN THAT THE BILL BE READ THE SECOND TIME BY TITLE ONLY, WITH UNANIMOUS CONSENT OF THE COUNCIL. MOTION CARRIED UNANIMOUSLY AND THE BI LL WAS READ THE SECOND TIME 'BY TITLE ONLY. IT WAS MOVED BY CRUMBAKER, SECONDED BY ALLEN THAT THE RULES BE SUSPENDED AND THE BILL BE READ THE THIRD TIME BY TITLE ONLY, WITH UNANIMOUS CONSENT OF THE COUNCIL. MOTION,CARRIED UNANIMOUSLY AND THE BILL WAS READ THETTHIRD TIME BY TITLE ONLY.' . IT WAS MOVED BY CRUMBAKER, SECONDED BY ALLEN THAT THE COUNCIL BILL BE APPROVED AND GIVEN FINAL PASSAGE. ALL COUNCILMEN PRESENT VOTING AYE. THE BILL WAS DECLARED PASSED,AND NUMBERED 10048.. COUNCIL BILL No. 1319 - RE: ADOPTING PLANS AND SPECIFICATIONS FOR PAVING FIRST AVENUE FROM BLAI~ TO WEST CITY Ll~lTS WAS SUBMITTED AND READ THE FIRST TIME IN FULl. IT WAS MOVED BY CRUMBAKER, SECONDED BY ALLEN THAT THE BILL BE READ 'THE SECOND TIME BY TITLE ONLY, WITH UNANIMOUS CONSENT OF THE COUNCIL. MOTION CARRIED UNANIMOUSLY AND THE BILL WAS READ THE SECOND TIME BY TITLE ONLY. I IT WAS MOVED BY CRUMBAKER, SECONDED BY ALLEN THAT THE RULES BE SUSPENDED AND THE BI LL BE READ THE THIRD TIME BY TITLE ONLY, WITH UNANIMOUS CONSENT OF 'THE COUNCIL. MOTION CARRIED UNANIMOUSLY AND THE BILL WAS READ THE THIRD TIME BY TITLE ONLY.' IT WAS MOVED BY CRUMBAKER, SECONDED BY ALLEN THAT THE COUNCIL BILL BE APPROVED AND GIVEN FINAL PASSAGE. ALL COUNCILMEN PRESENT VOTING AYE. THE 'BILL WAS DECLARED PASSED AND NUMBERED 10049. 'e 18 COUNCIL BILL No. 1320 - RE: SIDEWALKS ON THE EAST AND WEST SIDE OF FERRY STREET YROM 29TH TO 30TH AVENUE WAS SUB~ITTED AND READ THE FIRST"TIME IN FULL. IT WAS MOVED BY CRUMBAKER, SECONDED BY ALLEN THAT THE B~LtSBE~tAbp[~~E~t6oNDTm[MaIBI [[TCE^ON[~i W1ITRDUNAN[MOWSTtoNstimLe~ TH[HCOUNOIWQusMomNO~NCARRIED~UNAN~~OUSLYMAN~OmHEABRL[DWAS READlmHEJSSECOND TIME BY :TI'TLE ONLY. IT WAS MOVED BY CRUMBAKER, SECONDED BY ALLEN THAT THE ~ULES BE SUSPENDED AND THE BILL BE READ THE THIRD TIME BY TITLE ONLY, WITH UNANIMOUS CONSENT OF 'THE COUNCIL. MOTION CARRIED UNANI MOUSLY AND THE BI LL WAS READ THE THI,RD. TI ME BY TI TLE ONLY., IT WAS MOVED BY CRUMBAKER, SECONDED BY ALLEN, FINAL PASSAGE. ALL COUNCILMEN PRESENT VOTING AYE. 10050; tRi~~tAt C~UNCIL BILL BE APPROVED AND GIVEN THE BILL WAS DECLARED PASSED AND NUMBERED I e ~ e 9r~ I 19 {'-.or trJ QO <t P-l ~ e I 20 . 21 I e' I I Ii I I' II I I, II e ~. r I, I COUNCIL BILL No. 1321 - RE: PAVING UNIVERSITY STREET fROM 28TH AVENUE TO 29YHPLACE WAS SUBMITTED AND READ THE fiRST TIME IN fULL. I II II 11 II ~I !I 'i 'I I; II II il II " i II ,: i II I 'I I I I I I T WAS' MOVED BY CRUMBA'KER, SECONDED ,BY ALLEN THAT THE BI LL BE READ 'THE SECOND TI ME BY TITLE ONLY, WITH UNANIMOUS CONSENT Of THE COUNCIL. MOTION CARRIED 'UNANIMOUSLY AND THE BILL WAS READ THE SECOND TIME BY TITLE ONLY. l-r WAS MOVED BY CRUMBAKER, S'ECO,NDED BY ALLEN THAT THE RULES BE SUSPENDED AND THE BI'LL BE READ THE THIRD TIME BY TITLE ONLY, WI TH UNANIMOUS CONSENT Of THE COUNCIL. MOTION CARRIED UNANIMOUSLY AND THE BILL WAS READ THE THIRD TIME BY TITLE ONLY. IT WAS MOVED BY CRUMBAKER, SECONDED BY ALLEN THAT THE COUNCIL elLL BE APPROVED AND GIVEN fiNAL PASSAGE. ALL COUNCILMEN PRESENT VOTING AYE. THE BILL WAS DECLARED PASSED AND NUMBERED 10051. COUNCIL BILL No. 1322 - RE: ADOPTING PLANS AND SPECifiCATIONS f'OR PAVING UNIVERSITY fROM 28TH AVENUE TO 29TH PLACE WAS SUBMITTED AND READ THE fiRST TIME IN fULL. ,I T' WAS' MOVED BY CRUMB'AKER, SECONDED BY ALLEN THAT THE BI LL BE READ THE SECOND TI ME BY TITLE ONLY, WITH UNANIMOUS CONSENT Of THE COUNCIL. MOTION CARRIED UNANIMOUSLY AND THE BILL WAS READ THE SECOND TIME eY TITLE ONLY. IT WAS MOVED BY CRUMBAKER, SECONDED BY ALLEN THAT THE RULES' BE SUSPENDED AND THE BILL BE READ THE THIRD TIME BY TITLE ONLY, WITH UNANIMOUS CONSENT Of THE COUNCIL. MOTION CARR1ED UNANIMOUSLY AND THE BILL WAS READ THE THIRD TIME BY TITLE ONLY. IT WAS MOVED BY CRUMBAKER, SECONDED BY ALLEN THAT THE COUNCIL BILL BE APPROVED AND GIVEN fiNAL PASSAGE. ALL COUNCILMEN PRESENT VOTING AYE. THE BILL WAS DECLARED PASSED AND NUMBERED 10052. COUNC I L BI L.L No. 1323 - RE: 51 DEWALK ON 'WI LSON STREET fROM 14TH TO' '18TH AVENUE WAS SUBMITTED AND READ THE fiRST TIME IN fULL. IT WAS MOVED BY CRUMBAKER, SECONDED BY ALLEN THAT THE BILL: BE READ THE SECOND TIME BY TITLE ONLY, WITH UNANIMOUS CONSENT Of THE COUNCIL. MOTION CARRIED UNANIMOUSLY AND THE BILL WAS READ THE SECOND TIME BY TITLE ONLY. I! I I 'I \1 il II , I' ,I il I I I d Ii II ,I II II I I, , , I T' WAS MOVED BY CRUMBAKER, SECONDED BY ALLEN' THAT THE RULES BE SUSPENDED AND'THE BI LL BE READ THE THIRD TIME BY T1TLE ONLY, WITH UNANIMOUS CONSENT Of THE' COUNCIL. 'MOTION CARRIED UNANIMOUSLY AND THE BILL WAS READ THE THIRD TIME BY TITLE ONLY. IT WAS MOVED BY CRUMBAKER, SECONDED BY ALLEN THAT THE COUNCIL BILL' BE APPROVED AND GIVEN fiNAL PASSAGE. ALL COUNCILMEN PRESENT VOTING AYE. THE BILL WAS DECLARED PASSED AND NUMB~RED 10053. COUNCIL BILL No. 1324 - RE: 'WIDENING 'WILLAMETTE STREET fROM 13JH TO I~TH AVENUE WAS SUBMITTED AND READ THE fiRST TIME IN fULL. IT WAS ~OVED BY CRUMBAKER, SECONDED BY ALLEN THAT THE BILL BE READ THE SECOND TIME BY TITLE ONLY, WITH UNANIMOUS CONSENT Of THE COUNCIL. MOTION CARRIED UNANIMOUSLY AND THE' BILL WAS READ THE SECOND TIME BY TITLE ONLY. IT WAS' MOVED BY CRUMBAKER, SECONDED BY ALLEN THAT THE RULES BE SUSPENDED AND' THE BILL BE READ THE THIRD TIME BY TITLE ONLY, WITH UNANIMOUS CONSENT Of THE COUNCIL. MOTION CARRIED UNANIMOUSLY AND THE BILL WAS READ THE THIRD TIME BY TITLE ONLY. IT WAS MOVED BY CRUMBAKER, SECONDED BY ALLEN THAT THE COUNCIL BILL BE APPROVED AND GIVEN fiNAL PASSAGE. ALL COUNCILMEN PRESENT VOTING AYE. THE BILL WAS DECLARED PASSED A~D NUMBERED 10054. COUNCIL BIL.L No. 1325 - RE: 'ADOPTING'PLANS AND SPEClflCATl'ONSfOR WIDENING 'WILLAMETTE STREET fROM 13TH TO 17TH AVENUE WAS SUBMITTED AND READ THE fiRST TIME IN fULL. ITIWAS MOVED BY CRUMBAKER~ SECONDED BY ALLEN' THAT THE BILL BE READ THE SECOND TIME BY TITLE ONLY, WITH UNANIMOUS CONSENT Of THE COUNCIL. MOTION CARRIED UNANIMOUSLY AND THE BILL WAS READ THE SECOND TIME BY TITLE ONLY. I T WAS MOVED BY CRUMBAKER, SECONDED BY ALLEN' THAT THE RUUEJSI BEBSUSPENDED AND' THE BI LL BE READ THE THIRD TIME BY TITLE ONLY, WITH UNANIMOUS CONSENT Of THE COUNCIL. 'MOTION CARRIED UNANIMOUSLY AND THE BILL WAS READ THE THIRD TIME BY TITLE ONLY. IT WAS MOVED BY CRUMBAKER, SECONDED BY ALLEN THAT THE COUNCIL BILL BE APPROVED AND GIVEN fiNAL PASSAGe. ALL COUNCILMEN PRESENT VOTING AYE. THE BILL WAS DECLARED PASSED A~D NUMBERED 10055. ~~ ~92' e 22 COUNCIL BILL No. 1326 - RE: SIDEWALKS ON THE WEST SIDE OF HARRIS STREET FROM 25TH TO 29TH AVENUE WAS SUBMI TTED',AND READ THE FIRST TIME I N FULL. IT WAS MOVED BY CRUMBAKER, SECONDED BY ALLEN THAT THE BILL BE READ THE SECOND TIME BY TITLE ONLY, WI TH UNANI MOUS CONSENT OF THE COUNCI L. MOTTON 'CARRI ED UNANI MOUSL'Y AND THE 'BI'LL WAS READ THE S~COND TIME BY TITLE ONLY. IT WAS MOVED BY CRUMBAKER, SECONDED BY ALLEN THAT THE RULES BE SUSPENDED AND THE BILL BE READ THE THIRD TIME BY TITLE ONLY, WITH UNANIMOUS CONSENT OF THE COUNCIL. MOTIUN CARRIED UNANI~OUSLY AND THE BILL WAS READ THE THIRD TIME BY TI TLE ONLY. IT WAS MOVED BY CRUMBAKER, SECONDED BY ALLEN THAT THE COUNCIL BILL BE APPROVED AND GIVEN FINAL PASSAGE. ALL COUNCILMEN PRESENT VOTING AYE.' THE BILL WNS DECLARED PASSED AND NUMBERED 10056. " 23 COUNCIL BILL No. 1327 - RE: PAVING AND SIDEWALKS ON 29TH AVENUE FROM WILLAMETTE STREET TO THE E~ST LINE OF PARKDALE ADDITION WAS SUBMITTED AND READ THE FIRST' TIME IN FULL. ,.1'( IT WAS MOVED BY CRUMBAKER, SECONDED BY ALLEN THAT THE BILL BE READ THE SECOND TIME BY TITLE 'ONLY, WITH UNANIMOUS CONSENT OF THE COUNCIL. MOTION CARRIED UNANIMOUSLY AND' THE BILL WAS 'READ THE SECOND TIME BY TITLE ONLY. IT WAS MOVED BY CRUMBAKER, SECONDED BY ALLEN THAT THE RULES BE SUSPENDED AND THE BILL BE READ THE THIRD TIME BY TITLE ONLY, WITH UNANIMOUS CONSENT OF THE COUNCIL. MOTION' CARRIED UNANIMOUSLY AND THE BILL WAS READ THE THIRD TIME BY TITLE ONLY.' IT WAS MOVED BY CRUMBAKER SECONDED BY ALLEN THAT THE COUNCIL BILL BE APPROVED AND GIVEN FINAL PASSAGE. ALL COUNCILMEN PRESENT VOTING AYE. THE BILL WAS DECLARED PASSED AND NUMBERED 10057. COUNCIL BILL No. 1328 - RE: ADOPTING PLANS AND SPECIFIC~TIONS FOR PAVING AND SIDEWALKS ON 29TH 'AVENUE FROM WILLAMETTE STREET TO THE EAST LINE OF PARKDALE ADDITION WAS SUBMITTED AND READ THE FIRST TIME IN FULL. IT WAS MOVED BY CRUMBAKER, SECONDED BY ALLEN THAT THE BILL BE READ THE SECOND TIME BY TITLE ONLY, WITH UNANIMOUS CONSENT OF THE COUNCIL. MOTION CARRIED UNANIMOUSLY AND THE BILL WAS READ THE SECOND TIME BY TITLE ONLY. IT WAS MOVED BY CRUMBAKER, SECONDED BY ALLEN' THAT THE RULES BE SUSPENDED AND' THE BILL BE READ THE THIRD TIME BY .T'ITLEONLY, WITH UNANIMOUS CONSENT OF THE' COUNCIL. MOTION CARRIED UNANIMOUSLY AND THE BILL WAS READ THE THIRD TIME BY TITLE ONLY. IT WAS MOVED BY CRUMBA~ER~' SECONDED BY ALLEN THAT THE COUNCIL BI'LL, BE APPROVED' AND'GIVEN FINAL PASSAGE. ALL COUNCILMEN PRESENT VOTING AYE. THE BILL WAS DECLARED PASSED AND NUMBERED 10058. 24 COUNCIL BILL N~. 1329,~ RE: SIDEWALKS ON WILSON COURT FROM I~~H TOI8~H AVENUE WAS SUB- MITTED AND READ THE FIRST TIME IN FULL. I T WAS 'MOVED By'CRUMBAKER, SECONDED BY ALLEN THAT THE BI LL BE READ'TH'E SECOND TI ME BY TITLE ONLY, WITH UNANIMOUS CONSENT OF THE COUNCIL. MOTION CARRIED UNANIMOUSLY AND THE BILL WAS READ THE SECOND TIME BY TITLE ONLY. IT WAS MOVED BY CRUMBAKER, SECONDED BY ALLEN THAT THE RULES BE SUSPENDED AND THE BILL BE ,READ THE THIRD TIME BY TITLE 'ONLY, WITH UNANIMOUS CONSENT OF THE COUNCIL. MOTION CARRIED UNANIMOUSLY AND THE BILL WAS READ THE THIRD TIME BY TITLE ONLY. IT,WAS MOVED BY CRUMBAKER~ SECONDED BY ALLEN, THAT THE COUNCIL BILL BE APPROVED AND GIVEN FINAL PASSAGE. ALL COUNCILMEN PRESENT VOTING AYE. THE BILL WAS DECLARED PASSED AND NUMBERED 10059. 25 COUNCIL BilL No. 1330 - RE: SIDEWALKS ON 14TH AVENUE FROM 'WILSON STREET TO WILSON COURT WAS SUBMITTED AND READ THE FIRST TIME IN FULL. IT WAS MOVED BY CRUMBAKER, SECONDED BY ALLEN THAT THE BILL BE READ THE SECOND TIME BY TITLE ONLY, WITH UNANIMOUS CONSENT OF THE COUNCIL. MOTION CARRIED UNANIMOUSLY AND THE BILL WAS READ THE SECOND TIME BY TITLE ONLY. IT WAS MOVED BY CRUMBAKER, SECONDED BY ALLEN THAT THE RULES BE SUSPENDED AND THE BILL BE READ THE THIRD TIME BY ,T.ITLE ONLY, WI TH UNANIMOUS CONSENT OF THE COUNCIL. MOTION CARRIED UNANIMOUSLY AND THE BILL WAS READ THE THIRD TIME BY TITLE ONLY. IT WAS MOVED BY CRUMBAKER, SECONDED BY ALLEN THAT THE COUNCIL BILL BE APPROVED AND GIVEN FINAL PASSAGE. ALL; COUNCILMEN PRESENT VOTING AYE. THE BILL WAS DECLARED PASSED AND NUMBERED 10060. ~ I \1 Ii I I I I I f i I e I . I '. e I e (1 -~ 93' e 26 COUNCIL BILL No. 1331 - RE: PAVING PORTLAND STREET FROM NORTH BOUNDARY OF FRASIER- HYLAND ADDITION TO 27TH AVENUE; PAVING 27TH AVENUE FROM WILLAMETTE STREET TO PORTLAND STREET; PAVING 26TH AVENUE FROM PORTLAND STREET TO THE ALLEY BETWEEN OLIVE STREET AND McMILLAN STREET; PAVING McMILLAN STREET FROM THE NORTH BOUNDARY OF FRASIER-HYLAND ADDITION TO 26TH AVENUE WAS SUBMITTED AND READ THE FIRST TIME IN FULL. I It''... ,L() GO ~ IT WAS MOVED BY CRUMBAKER, SECONDED BY ALLEN THAT THE BILL BE READ THE SECOND TIME BY TITLE ONLY, WITH UNANIMOUS CONSENT OF THE COUNCIL. MOTION CARRIED UNANIMOUSLY AND THE BILL WAS READ THE SECOND TIME BY TITLE ONLY. c:t IT WAS MOVED BY CRUMBAKER, SECONDED BY ALLEN THAT THE RULES BE SUSPENDED AND THE BILL BE READ THE THIRD TIME BY TITLE ONLY, WITH UNANIMOUS CONSENT OF THE COUNCIL. MOTION CARRIED UNANIMOUSLY AND THE BILL WAS READ THE THIRD TIME BY TITLE ONLY. - IT WAS MOVED BY CRUMBAKER, SECONDED BY ALLEN THAT THE COUNCIL BILL BE APPROVED AND GIVEN FINAL PASSAGE. ALL COUNCILMEN PRESENT VOTING AYE. THE BILL WAS DECLARED PASSED AND NUMBERED 10061. e COUNCIL BILL No. 1332 - RE: ADOPTING PLANS AND SPECIFICATIONS FOR PAVING PORTLAND STREET FROM NORTH BOUNDARY OF FRASIER-HYLAND ADDITION TO 27TH AVENUE; PAVING 27TH AVENUE FROM WILLA- METTE STREET TO PORTLAND STREET; PAVING 26TH AVENUE FROM PORTLAND STREET TO THE ALLEY BETWEEN OLIVE STREET AND McMILLAN STREET; PAVING McMILLAN STREET FROM THE NORTH BOUNDARY OF FRASIER- HYLAND ADDITION TO 26TH AVENUE WAS SUBMITTED AND READ THE FIRST TIME IN FULL. '4" I IT WAS MOVED BY CRUMBAKER, SECONDED BY ALLEN THAT THE BILL BE READ THE SECOND TIME BY TITLE ONLY, WITH UNANIMOUS CONSENT OF THE COUNCIL. MOTION CARRIED UNANIMOUSLY AND THE BILL WAS READ THE SECOND TIME BY TITLE ONLY. I T WAS MOVED BY CRUMBAKER, SECONDED BY ALLEN THAT THE RULES BE SUSPENDED AND THE'BILL BE READ THE THIRD TIME BY TITLE ONLY, WITH UNANIMOUS CONSENT OF THE COUNCIL. MOTION CARRIED UNANIMOUSLY AND THE BILL WAS READ THE THIRD TIME BY TITLE ONLY. IT WAS MOVED BY CRUMBAKER, SECONDED BY ALLEN THAT THE COUNCIL BILL BE APPROVED AND GIVEN FINAL PASSAGE. ALL COUNCILMEN PRESENT VOTING AYE. THE BILL WAS DECLARED PASSED AND NUMBERED 10062. RESOLUTIONS . 27 RESOLUTION - RE: AUTHORIZING CITY MANAGER TO, EXECUTE SUPPLEMENTAL AGREEMENT ~ITH UNITED STATES OF AMERICA FOR 1.53 ACRES OF LAND FOR ORGANIZED RESERVE WAS SUBMITTED AND READ AS FOLLOWS: "BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF EUGENE, ,OREGON, THAT LEASE No. W35-063-ENG-221 BETWEEN THE CITY OF EUGENE AND THE UNITED STATES OF AMERICA WHICH COVERS THE USE OF I .53 ACRES OF LAND FOR GOVERNMENTAL PURPOSES BE EXTENDED FOR AN ADDITIONAL TERM OF ONE YEAR BEGINNING I JULY 1952 AND ENDING 30 JUNE 1953; AND THAT THE CITY MANAGER OF THE CITY OF EUGENE, OREGON, IS HEREBY AUTHORIZED TO EXECUTE SUPPLEMENTAL AGREEMENT No. I TO THE LEASE." I IT WAS MOVED BY CRUMBAKER, SECONDED BY ALLEN THAT THE RESOLUTION BE ADOPTED. ROLLCALL VOTE. MOTION CARRIED. UPON MOTION DULY MAD~, SECONDED AND CARRIED, THE MEETING WAS ADJOURNED. e ;P;;;:;BM' TTE~, OREN L. KI NG, CITY MANAGER. I e I ' ..... r-- 9 4' e I .; \ . . . . . , : I e . ',' . I, I' II Ii i I I i I . I I' II ,I II I I - " I I II II e- I I I e ~' !