HomeMy WebLinkAbout11/08/1954 Meeting
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COUNCIL CHAMBERS,
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Ii EUGENE, OREGON.
II NOVEMBER 8, 1954.
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" THE REGULAR MEETING Of THE COMMON COUNCIL Of THE CITY OF EUGENE WAS HELD ON NOVEMBER 8,
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i: .1954 AT 7:30 P.M. IN THE COUNCIL CHAMBERS.. THE MEETING WAS CALLED TO ORDER BY HIS HONOR,
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II MAYOR V. E. JOHNSON WITH THE fOLLOWING COUNCIL~EN.PRESENT: MR. BOOTH, MR. GODLOVE, MR. KOPPE,
Ii MR, SIEGENTHALER, MR. WATSON, MR. CONE AND MR. OwEN. DR. CRUMBAKER WAS ABSENT.
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II. THE MINUTES OF THE LAST R~GULAR MEETING HELD ON OCTOBER I I TH, ?5TH.AND 29TH WERE READ AND
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I' APPROVED.
II BILLS AGAINST THE VARIOUS CITY DEPARTMENTS fOR THE MONTH Of OCTOBER, 1954 WERE SUBMITTED
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I: GENERAL FUNE>
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" ORE~ STATE HIGHWAY DEPT. $ 1,500.00 $
II DYER'S TREE SERVICE 50.00
Ii PUBLIC EMPLOYES RETIREMENT 4,336.49 ECONOLITE CORP.ORATION 3.74
I! PUB~IC EMPLOYES RETIREMENT 2,216.34 ECONOMY LUMBER YARD 16.69
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il HENRY F. BEISTEL, TREAS. 789.69 EUGENE AUTO Top SHOP 10.50
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I PACI,FIC HOSPITAL ASSOCIATION 879.25 EUGENE COLD STORAGE LOCKERS 8.00
II EUGENE HOSPITAL & CLINIC . 21.00 EUGENE CONCRETE PIPE & PRODUCTS . 3,315.62
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" HENRY F. BE I STEL, TREAS. 95.53 EUGENE FARMER!S CREAMERY 2.00
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I: HENRY F. BEISTEL, TREAS. I , 40 8 . 88 , EUGENE FRUIT GROWERS ASSOCIATION. . .72 I
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j; FIRST NATIONAL BANK Of PTLD. 12.50 EUG6NE HARDWARE CO. 50.70
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it FIRST NATIONAL BANK Of PTLD. 37.50 EUGENE LANE COUNTY ASSN. Of INS. AGENTS 6,997.60
Ii FIRST NATIONAL BANK Of PTLD. 9.50 EUGENE LINEN SUPPLY 69.75
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i1 ORE. STATE TAX COMMISSION 695.34 EUGENE MIRROR & GLASS CO. 28.30
" FIRST NATIONAL BANK Of PTLD. 6,550.75 EUGENE OVERALL LAUNDRY 12.14
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" V. Eo JOHNSON, MAYOR 100.00 EUGENE PLANING MILL 25.17 I
Ii EUGENE PUBLIC LIBRARY 3,364.50 EUGENE SAND & GRAVEL CO. 438.23 I
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I; LANE COUNTY HUMANE SOCIETY 750.00 EUGENE WATER & ELECTRIC BOARD 84.98
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I' OR E. S TATE INDUST. Acc. COMM. 661 .98 EUGENE WATER & ELECTRIC BOARD 6,315.49
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Ii ERNEST V. ALLEN 24.64 EUGENE WELDERS SUPPLY 25.13
/- if AMAZON WATER CONTROL DI'ST. I , 31 5.00 FEENAUGHTY MACHINERY CO. . 74.81
. AMERICAN STEEL & SUPPLY I I I .79 FIRST NATIONAL BANK Of PORTLAND 13.00
Ii ARCH'S MOTOR TUNE-UP 13.55 LEIGH ~ISHER & ASSOCIATES 3,575.00
I' ARMCO DRAINAGE & METAL PROD. 41.60 FRANK'S GARBAGE SERVICE 3.00
II ART & ENGINEERING CENTER 26.82 W. P. FULLER & CO. 15.36
! BEARING SUPPLY CO. 5.25 DRS. FURRER, McMI LAN & PATTON I 30.50
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Ii HENRY F. BEISTEL, TREAS. 661 .47 GIL'S CAR UPHOLSTERY 56.00
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II BIL~'S GARBAGE SERVICE 19.25 GOETTLING SIGN CO. 27.50
BLUE CROSS ANIMAL HOSPITAL 5.00 GRAY'S FEED & SEED 14.70 I
B001H-KELLY LUMBER CO. 413.11 GUARD PUBllSHLNG CO. 75.25
il F. ~. BREWER SALES & SERVICE 10.25 F. H. HALEY 27.36 I
I! BRODSKY'S WILLYS CO. 14.00 GEORGE A. HALTON CO. 53.85
" BROOKS OFFICE MACHINES 7.00 HAMILTON ELECTRIC 16.09
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II CHAS. BRUNING CO. I NC. 36.80 P. J. HANNS CO. 45.76
II BUILDING CODE PUBLISHING CO. 56.50 WALDO HARDIE 5.00
il E. H. BURRELL, 209.75 HARLEy-DAVIDSON SALES CO. 16.55
I' C & SELECTRIC 3,325.94 HARR MOTOR SUPPLY 21.90
II GEORGE F. CAKE CO. 91.63 HEINKE WHOLESALERS 14.47
Ii CARLSON, HATTON & HAY, I NC. 48.85 HENNEN-VOS Co. 5.00 ,
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ii CARSON SAW SHOP : 10.50 HESS & DEVEREAUX 25.48
I' CASCADE NATURAL GAS CORP. 33.16 HOWARD HERIDER 1.50
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e I. CENTRAL HEATING COMPANY 26.00 SR. 60.00
I' RAY HICKS,
Ii CENTRAL HEATING CO. 622.13 PAUL A. HODGIN 60.00
CENTRAL REST~URANT SUPPLY 51.23 HORN PRINTING CO. 182.25 ,
II R. H. CHAPMAt-i CO. 5.73 HOWARD-COOPER CORP. 19.10
Ii CHASE COMPANY 9.40 HUffMAN'S AUTO GRINDING SERVICE 14.63 I
Ii CLARKE'S SHEET METAL CO. 104.00 INDUSTRIAL SERVICE LITHOGRAPHERS 23.25
COMMERCIAL AUTO SUPPLY 67.29 INTERNATIONAL BUSINESS MACHINES CORP. 4.75
II COMMERCIAL OfFICE SUPP.LY.CO. 147.40 IRISH-McBROOM PACKING CO. 121.76
II CONSOLIDATED SUPPLY CO. 5.90 IRRIGATION EQUIPMENT CO. I NC. 9.60
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" ROBERT L. COOK 60.00 IVERSON PAINT.S, INC. 48.71
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II COX'S CANNERY 36.70 KALEN ECECTRIC & MACHINERY 7.50
CRESSEY'S 66.5Q KENDALL MOTOR CO. 2,510.41
" L. P. CURTSINGER 5. I 5 KOKE-CHAPMAN CO. 687.60
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Ii DAVIDSON BAKING CO. 15.09 R. E. LAFfERTY & SONS 173.04
DICK'S MACHINE SHOP 8.00 LANE GRAVEL COMPANY 21.00 I
J DICK'S MIDWAY MARKET 18.00 LANE PARTS COMPANY 1.94
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I, DONALD C. DICKEY 366.66 A. W. LEO 76.64
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DOT DOTSON'S 4.96 LONG BELL LUMBER CO. 57.16
I DOUBLE D PRINTING CO. 18.95 KAYE LOOMIS - ADVERTISING ARTISTS I 20. 40
DUNCAN PARKING METER CORP. 2,997.13 LOOMIS ARMORED CAR SERVICE, I NC. 200.00
I DUTCH Boy PAINT STORE 4.99 .ROGER V. LOVELACE 60.00
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GENERAL FUND GENERAL FUND I
HENRY LOWRY 1.90 SCHOOL DISTRICT No.4 $ 40.00
LYLE'S TAILOR SHOP 55.50 SECRETARY OF STATE 50.00
MCCORMICK & CO. I NC. 116.15 SHER-KHAN 6.90
McKENZIE OIL CO. 1,970.02 SILVA CHEVROLET CO. I 14.16
SAM A. MAINWARING 40.00 WILLIS H. .SMALL FEED CO. : 4.20
JAMES C. MARTIN 100.00 W. D. -SMARTT 5.28
W. RILEY MATSLER 5.00 SMEED,SOUND SERVICE 230.80
MAY & MEAD CO. 31.31 'BERNICE SMITH, DISTRIBUTOR 72. 25
MINNESOTA MINING & MFG. CO. 368.00 STANDARD BRANDS, INC. 18.75 I
MONTGOMERY WARD 12.85 STANDARD OIL CO. OF CALIF. 15.90
MOTa-MIX CONCRETE CO. 31.25 STERLING FURNITURE CO. 908.29
GEO. MYRMO & SONS 155.80 JOE SWEARINGEN 4,030.77
NATIONAL FIRE PROTECTIVE ASSN. 10.50 TIFFANY-DAVIS DRUG Co. : 2.08
NELSON EQUIPMENT CO. 37.52 THE TODD COMPANY, I NC. 5.50
NIELDS SEAFOODS 8.44 TOMMY'S PAINT POT 28.68
NUDELMAN BROS. 30.47 UNITED STATES NATIONAL BANK OF PTLD. 2,515.50 e
JAY.F. OLDHAM 22.40 VALtEY IRON &,STEEL CO. . 65.00
ORCHARD AUTO PARTS 'CO. 3.17 VALLEY STATIONERY CO. 3.80
OREGON EGG PRODUCERS 80.55 ED. D. VAN TASSEL 5.00
OREGON FRUIT COMPANY 24.39 WALLACE & TIERNAN . 48.01 .
OREGON SUPPLY CO. 37.56 JOHN WARREN HARDWARE, INC. 26.89
PACIFIC COAST BLDG. OFF. CONF. 75.-00 H. C. WERNER, .1 NC. 819.00
PACLFIC FRUIT & PRODUCE I; 97 WEST SIDE AUTO GLASS . - 30.05 II I
PACLFIC TEL. & TEL. CO. 843.18 WIGGINS CO. I NC. -234.40
PACKER-SCOTT CO. 4.58 T. C. WILDISH. 468.62 II
PE TTY CASH . 61.80 WILLAMETTE STATIONERS 199.50
PITTSBURGH PLATE GLASS CO. 4.30 WILLAMETTE VA~LEY PAPER, 4.70 I,
PUBLIC ADMINISTRATION CLEARING. 10.00 WI LLI AMS BAKERY 71.01 !I
QUltKt"VICE LITHO PRINTING 12.00 WILSON'S ROYA~ WHITE RABBITRY 16. I 3 I
ELLlS ACKLEFF . 35.32 WILTSHIRE'S 9 1..28
RAMSEY- AITE CO. . 12.50 WYATT'S 3.50 I
REFRIGERATION SERVICE & SUPPLY 3.00 JACK R. DOUGLAS 40.00 I
RETREAD TIRE SHOP 26.45 WESTERN UNION.TELEGRAPH CO. . . 4.80
DRS~ ROMIG, SEELEY & RACELY 10.00 .
RICHFIELD OIL CORP. 10.84 DISTRICT IMPROVEMENT FUND :.
RUBENSTEIN'S FURNITURE CO. 60.00 .
T. C. WILDISH. 794.58 I
OLD IMPROVEMENT BOND SINKING FUND ARMSTRONG & HAUGEN 2,566.98 Ii
JIM CHADEK 3,398.19
GUARD PUBLISHING CO. . I 87. 30 STANTON PAYNE' 2,690.64 II
T. C: WILDISH' 7;09~.71 I
SPECIAL AMAZON FUND T. C. WILDISH' IID,597.98 I
T. C. WILDISH' 482.91 I
H. C. WERNER .8,154.00 T. C. WILD ISH' . I , 578~53 II
C &.S ~LECTRIC CO. I 25.07 II
SPECIAL SEWER FUND - II
H. C. WERNER 2,914.20 . . I
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. IT WAS MOVED BY MR. BOOTH, SECONDED BY MR. GODLOVE, 'THAT THE BILLS AS SUBMITTED AND READ II
BE APPROVED AND THE PROPER CITY OFFICERS BE INSTRUCTED TO DRAW UP THE NECESSARY WARRANTS. Ii
ROLLCALL VOTE. MOTION CARRIED. .
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2 . THE FOLLOWING MONTHLY PAYMENT ESTIMATES WERE SUBMIT?ED: I
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ARMSTRONG AND HAUGEN I
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2ND AND FINAL FOR SIDEWALK ON THE NORTH SIDE OF 29TH AVENUE FROM WILLAMETTE STREET TO
. LINCOLN STREET AND WEST SIDE OF WILLAMETTE FROM 25TH TO 29TH AVENUE - $3i628.57.
JENSEN LANDSCAPING
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1ST .AND FINAL FOR CONSTRUCtiON OF SEWAGE DISPOSAL PLANT GAWN - $2,1>06.00.
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JESKE BROTHERS & COAST CONSTRUCtiON CO. -
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1ST FOR TRUNK LINE SEWER - RIVERVIEW SEWER DISTRICT No. ,. - $ I 7, I 37 . 98 . ~
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H'. C. WERNER
2ND .PAYMENT FOR PUMPI NG STATION - RI VERVI EW SECTION I - $6, I 24. 16. I
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I ,i T. C. WILDISH
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, 2ND FOR SANITARY SEWER IN AREA BOUNDED BY POTTER STREET AND WATKINS ROAD FROM 32ND AVENUE TO
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I 40TH AVENUE - $23,676.21.
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It 3RD FOR SANITARY SEWER - RIVERVIEW SEWER SECTION 2 FROM HIGHWAY TO 26TH AVENUE - $3,394.29. I
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INTER-CITY SAND & GRAVEL COMPANY ~ I
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It 2ND FOR EXCAVATION AND GRADING - IMPROV~MENT TO AMAZON PARK - $7,205.03.
Ii IT WAS MOVED BY MR. BOOTH, SECONDED BY MR. 90DLOVE, THAT THE ESTIMATES, AS SUBMITTED AND
READ BE APPROVED AND THE PROPER CITY OFFICERS BE INSTRUCTED TO DRAW UP,THE NECESSARY WARRANTS.
I) ROLLCALL VOTE. MOT! ON CARR I ED.
'I REPORTS OF OFFICERS
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e 3 r A REPORT OF THE CITY MANAGER - RE: MONTHLY REPORTS, ETC. WAS SUBMITTED AND READ AS I
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Ii FOLLOWS:
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" WISH TO REMIND YOU OF THE LEAGUE OF OREGON CITIES CONVENTION WHICH WILL START
Ii AT 7:00 P.M., SUNDAY, NOVEMBER 14TH WITH A "GET ACQUAINTED" RECEPTION IN THE JUNIOR
,I BAL~ROOM OF THE MULTNOMAH HOTEL IN PORTLAND. ON MONDAY AND TUESDAY THE LEAGUE HAS
Ii OUTLINED A VERY INTERESTING PROGRAM WITH TOP SPEAKERS AND CONSULTANTS FROM OREGON,
I i: WASHINGTON AND CALIFORNIA. ON TUESDAY, AT THE NOON LUNCHEON, THE HONORABLE PAUL L.
I PATTERSON, GOVERNOR OF OREGON, WILL TALK AND DR. O. MEREDITH WILSON, PRESIDENT OF THE
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I UNIVERSITY OF OREGON IS SCHEDULED TO BE THE MAIN SPEAKER AT THE BANQUET. THE CONVENTION
WILL CLOSE ON WEDNESDAY MORNING, NOVEMBER 17TH WITH THE USUAL Off-THE-RECORD BREAKFAST
AND BUSINESS MEETING.
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i, THE VALUE OF THE BUILDING PERMITS FOR THE MONTH OF OCTOBER AMOUNTED TO $571,871.00.
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I: OF THAT AMOUNT, $521,190.00 IS fOR NEW BUILDINGS AND $50,681.00 IS FOR REPAIRS. THE
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I' TOTAL IS MORE THAN TWICE THt $202,365.00 FOR THE SAME MONTH A YEAR AGO.
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" THE FIRE DEPARTMENT ANSWERED 55 ALARMS DURING OCTOBER WITH AN ESTIMATED LOSS OF
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$2,209.43. THE ALARMS ANSWERED WERE AS fOLLOWS: 30 DWELLINGS, I HOSPITAL, 4 MERCANTILE,
. I: 7 GRASS, 2 AUTOMOBILES, 2 FALSE, 2 SMOKE SCARES AND ONE ASSISTANCE CALL. FIREMEN CON-
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Ii STRUCTED AND RAINTED BUILDING TO HOUSE ENGINE AT NEW SUBSTATION #4 (SENECA DISTRICT)
Ii WHICH WAS OPENED OCTOBER 21, 1954. A SINK WAS INSTALLED AND CUPBOARDS WERE ALSO BUILT
I, AT THIS STATION BY THE FIREMEN. ~ EIGHT NEW FIREMEN WERE HIRED DUE TO THE OPENING Of
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I: THIS STATION. THE fRONT OF THE OFFICE PORTION OF THE HEADQUARTERS STATION WAS PAINTED
I: BY THE F I Rt MEN. ,
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I' You WILL NOTE fROM. YOUR COpy O~ THE POLICE REPORT WHICH IS ON YOUR DESK THAT I
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I' CRIMINAL CASES COMING TO THE ATTENTION OF THE DEPARTMENT WERE SOMEWHAT BELOW THAT ANTICI- I
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II PATED. THE CASE LOAD DROPPED FROM 310 IN SEPTEMBER TO 278 IN OCTOBER. WE MADE 150 ARRESTS
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I FOR OFFENSES INVOLVING INTOXICATION, DISORDERLY CONDUCT AND VAGRANCY, WHICH IS A REDUCTION
II FROM THE 170 SUCH ARRESTS IN THE PRECEDING MONTH. WE HAD AN AVERAGE OF 44 PRISONERS
I I: DAILY AT THE JAIL. THE JAIL KITCHEN PREPARED AND SERVED 3,871 MEALS, AND RECEIVED OVER
, 450 POUNDS OF ELK MEAT AT NO COST EXCEPT FOR PROCESSING. ALSO, PERSONNEL~PUT UP 122
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I: GALLONS OF APPLESAUCE AND 48 GALLONS OF TOMATOES FOR FUTURE USE. THE MUNICIPAL COURT
PROCESSED A TOTAL OF 1,512 CASES IN OCTOBER--IO OF WHICH WERE FOR DRUNKEN DRIVING AND
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I THREE WERE .FOR RECKLESS DRIVING. THE PAYNT AND SIGN CREW CONTINUED TO STRIPE STREETS
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!: AND ARE STILL IN THE PROCESS OF CHANGING THE YELLOW ON THE STOP SIGNS TO RED. To OATE .
THEY HAVE REPLACED ,50 OUT OF A POSSIBLE TOTAL or 320. If
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:' IT WAS MOVED BY MR. BOOTH, SECONDED BY MR. GODLOVE THAT THE REPORT OF THE CITY MANAGER BE
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II RECEIVED AND'PLACED ON FILE. MOTION CARRIED.
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I: REPORTS OF COMMITTEES
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4 Ii, A REPORT OF THE PUBLIC'SAFETY COMMITTEE MEETING HELD OCTOBER 28, I 954 - RE: COUNCIL
I! BI LL 1798; REQUEST FOR REMOVAL OF BICYCLE RACK BY SAKS FURNITURE; BEER LICENSE APPLICATION OF
DE'ELLA MARIE WILSON WAS SUBMITTED AND READ AS FOLLOWS:
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I' "PRESENT: MAYOR JOHNSON; COUNCILMEN GODLOVE, SIEGENTHALER, CONti CITY MANAGER;
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TRAFFIC ENGINEER; CITY ATTORNEY AND CITY RECORDER. THE FOLLOWING ITEMS WERE CONSIDERED
BY THE PUBLIC SAFETY COMMITTEE ON OCTOBER 28TH: I
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I! I . COUNCIL BILL 1798 EMPOWERING POLrCE OFFICERS AND SCHOOL SAFETY PATROL OFFICERS TO I
II ENFORCE LAWFUL ORDERS AND DIRECTIONS WAS REVIEWED AND DISCUSSED BY THE COMMITTEE. IT I
IS THE RECOMMENDATION THAT THIS COUNCIL BilL BE APPROVED FOR PASSAGE. I
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Ii REQUEST FROM-SAKS'FuRNITURE COMPANY, 99 WEST 7TH AVENUE FOR REMOVAL OR RELOCATION
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OF A BICYCLE RACK MAINTAINED BY THE CITY ON THE SIDEWALK IN FRONT OF 68 WEST 8TH AVENUE.
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IT WAS EXPLAINED TO THE COMMITTEE THAT THIS RACK WAS PLACED PRIMARILY TO SERVE I
THE CHILDREN ATTENDING THE LANE THEATER BUT THAT THE THEATER NO LONGER HAS NEED OF IT
BECAUSE THEIR BUSINESS' HAS FALLEN OFF., A LETTER FROM THE THEATER TO:THIS EFFECT HAS
BEEN FURNISHED TO THE CITY MANAGER. ' .
. " T IS THE RECOMMENDATION OF THE COMMITTEE THAT THE BICYCLE RACK BE REMOVED. I
3. ApPLICATION OF DE'ELLA MARIE WIL~ON, SUNNY HOLLOW GROCERY, 4183 DILLARD ROAD WAS I
CONSIDERED AND DISCUSSED BY THE COMMITTEE.
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, T IS THE RECOMMENDATION THAT IT BE CONTINUED IN COMMITTEE FOR FURTHER STUDY."
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IT WAS MOVED BY MR. SIEGENTHALER,-SECONDED BY MR. GODLOVE THAT THE REPORT OF THE PUBLIC !I
SAFETY COMMITTEE BE ADOPTED. MOTION CARRIED. .
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5 A REPORT OF THE PUBLIC SAFETY COMMITTEE MEETING HELD NOVEMBER I , 1954 - RE: ApPLICATION I
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OF DONALD E. AND DE'ELLA MARIE WILSON, SUNNY HOLLOW GROCERY; NtMLO MODEL COMIC BOOK ORDINANCE I
WAS SUBMITTED AND READ AS FOLLOWS: e
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"PRESENT: MAYOR JOHNSON; COUNCILMEN GODLOVE, SIEGENTHALER, CONE; CITY MANAGER; I
TRAFFIC ENGINEER AND CITY RECORDER. ~,
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THE:PU~LIC SAFETY COMMITTEE MADE A TRIP TO INSPECT-THE PR(MfSES OF THE SUNNY
HOLLOW GROCERY AT 4183 DILLARD ROAD FOR THE PURPOSE OF FURTHER INVESTIGATING THE
Ap'PLICATION FOR A PA PACKAGE STORE LICENSE FOR THAT LOCATION AND ALSO TO CONSULT WITH I
THE APPLICANT. THE FOLLOWING ACTION.WAS TAKEN FOLLOWING THE TR I P:
ApPLICATION OF DONALD E. AND DE'ELlA MARIE WILSON, DBA SUNNY HOLLOW GROCERY,
I . FOR A
PA PACKAGE STORE CLASS A LICENSE - THE COMMITTEE CONTINUED ITS DISCUSSIO~ OF THE APPLI-
CATION OF DE'ELLA MARIE WfLSON AND THE APPLICATION PREVIOUSLY SUBMITTED BY DONALD E. AND
.DE'ELLA MARIE WILSON, HUSBAND AND WIFE.
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IT WAS T~E OPINION AND RECOMMENDATION OF THE COMMiTTEE THAT THE PA APPLICATION SUB-
MITTED BY BOTH HUSBAND AND WIFE BE APPROVED FOR ENDORSEMENT BY THE COUNCIL.
2. NIMLOMoDEL COMIC BOOK_ORDINANC~ - THE COMMITTEE CONSIDERED A LETTtR r.ROM THE CITY !I
ATTORNEY CONCERNING THE MODEL COMIC BOOK ORDINANCE-AND HEARD A ,PRELIMINARY READING OF .
ITS PROVISIONS. I,
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IT WAS AGREED THAT THE OBJECTIVE OF THE ORDINANCE HAS MERIT AND THAT IT SHOULD BE I
GIVEN SOME STUDY. IT IS THE RECOMMENDATION OF THE COMMITTEE THAT THE ORDINANCE BE
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REFERRED TO THE JUDICIARY COMMITTEE FOR A REPORT." . I
IT WAS MOVED BY MR. SIEGENTHALER, SECONDED BY MR. GODLOVE, THAT THE REPORT OF THE PUBLIC
SAFETY COMMITTEE BE ADOPTED. MOTrON CARRIED.
6 A REPORT OF THE PUBLIC WORKS COMMITTEE MEETING HELD OCTOBER 29, 1954 - RE: ZONING OF II
THE N.W. CORNER OF 11TH AVENUE WEST AND BAILEY HILL ROAD; REQUEST OF GORDON BRUNTON AGENCY
FOR LLOYD GUBRUD AND RECOMMENDATION OF THE BOARD-OF ApPEALS - RE: SETBACKS WAS SUBMITTED AND I I
, READ AS FOLLOWS: I
.
"PRESENT: MAYOR JOHNSON; COUNCILMEN CRUMB~KER, GODLOVE, KOPPE, SIEGENTHALER; CITY
MANAGER; CITY ATTORNEY; PLANNING CONSULTANT; CITY ENGINEER; CITY RECORDER. TOM JAQUES
OF THE REGISTER-GUARD WAS ALSO PRESENT.
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THE PUBLIC WORKS COMMITTEE OF THE COUNCIL MET ON THE ABOVE DATE AFTER AGAIN VIEWING
THE PROPERTY ~OCATED IN THE ~ORTHEAST CORNER OF WEST 11TH AVENUE AND BAILEY HILL ROAD AND e
A LOT BETWEEN 25TH AND 26TH AND BETWEEN CHUL4 VISTA AND COLUMBIA. THE FOLLOWING ITEMS
WERE CONSIDERED AT THE MEETING:
I . ZONING OF N. E. CORNER OF 11TH AVENUE WEST AND BAILEY HILL ROAD - THE ZONING FOR THIS
PORTION O~ THE NEWLY ANNEXED WEST tlTH - RR AREA ~AS GIVEN FULl DISCUSSION BY THE COMMITTEE.
THE MAJORITY OF THE COMM~TTE~ FAVORED THE ZONING OF THE PORTION OF THE AREA SOUTH OF
STEWART ROAD TO RA, OUTER RESIDENT~AL.
IT IS THEREFORE THE RECOMMENDATION OF THE, PUBLIC WORKS COMMITTEE THAT THE PORTI ON OF
THE AREA EXTENDING 620 FEET EAST OF- BAILEY HILL ROAD (SOMETIMES REfERRED TO AS THE NORTH-
SOUTH PORTION OF THE STEWART ROAD) BO~NDED ON THE NORTH BY THE EXTENSION Of THE SOUTH I
LINE OF THE STEWART ROAD (ON THE EAST-WEST ROAD) ON THE SOUTH BY THE NORTH LINE OF WEST
I I TH AVENUE, BE ZONED AS RA, OUTER RESIDENTIAL; AND THAT THE PORTION 620 FEET EAST .OF ,
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THE .EAST LI NE OF -THE BAtlE'i_HI LL ROAD EXTENDED (SOMETIMES REFERRED TO AS. THE NORTH-SOUTH II
PORTION OF THE STEWART ROAD) AND EXTENDING 400 FEET NORTH OF THE SOUTH LINE OF THE STEWART
ROAD EXTENDED EAST (EAST-WEST ROAD) BE ZONED AS M-3, HEAVY INDUSTRIAL. COUNCILMAN.GODLOVE I
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DESIRED THAT THE REPORT SHOW THAT HE WAS NOT IN ACCORD WITH THE RECOMMENDATION AND THAT II
HE VOTEO AGAINST-IT~ II
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,I 2. REQUEST OF GORDON BRUNTON AGENCY FOR LLOYD GUBRUD - RE: LOT IN 2500 BLOCK ON
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I COLUMBIA STREET - THIS REQUEST IS FOR PERMISSION TO BUILD A DUPLEX ON A 53' X ISO'
'I
I INSIDE LOT WHICH RUNS FROM COLUMBIA THROUGH TO CHULA VISTA
Ii INSTEAD OF BUILDING TWO.
:1 HOUSES WITH ONE FACING ON EACH STREET. .
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)1 THE COMMITTEE NOTED "THAT THE AREA IS ZONED FOR SINGLE FAMILY DWELLINGS WHICH ZONING
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II WOULD NOT PERMIT A DUPLEX ON I NSI DE LOTS. IT WAS ALSO NOTED THAT THE LOT IS COMPARATIVELY
I, SMALL FOR DUPLEX TYPE CONSTRUCTION. ONE OF THE CHIEF OBJECTIONS
j IS THAT IT WOULD SET A
II PRECEDENT IN THE AREA AND ALSO THAT IT WOULD RESULT IN A BACKYARD DEVELOPMENT ON CHULA
II VISTA WH~RE THE, PEOPLE ON CHULA VISTA HAVE DEVELOPED THEIR FRONT YARDS.
II
Ii IT IS THE RECOMMENDATION OF THE COMMITTEE THAT THE REQU~ST BE DENIED.
I
II 3. RECOMMENDATtO~ OF THE BOARD OF ApPEALS - RE: SETBACKS FROM ALLEYS I N THE C-3,
!: CENTRAL BUSINESS ZONE - THIS RECOMMENDATION OF THE BOARD OF ApPEALS WAS REFERRED. TO THE
II PUBLIC WORKS COMMITTEE AT THE COUNCil MEETING ON OCTOBER 25TH.
e II THE COMMITTEE WAS
I IN AGREEMENT THAT THE MATTER SHOULD HAVE CONSIDERATION AND RECOMMENDS
I THAT IT BE SENT TO THE PLANNING COMMISSION FOR A REPORT. II
i
I, IT WAS MOVED BY MR. KOPPE, SECONDED BY MR. BOOTH, THAT THE REPORT OF THE PUBLIC WORKS
:! COMMITTEE BE ADOPTED.' 'MOTION CARRIED.
"
Ii
7 II A REPORT OF THE PUBLIC WORKS COMMITTEE MEETING HELD NOVEMBER 4, 1954 - RE: RIVERVIEW I
I Ii
" SEWER ACCESS;
" STUDY BY PLANNING COMMISSION ON THE PROPOSAL TO ESTABLISH A PUBLIC DEVELOPMENT
Ii
" AREA; AND MILLRACE DEVELOPMENT FOR MORE PERMANENT FLOW WAS SUBMITTED AND READ AS FOLLOWS:
I "PRESENT: MAYOR JOHNSON; COUNCILMEN CRUMBAKER, KOPPE, GODLOVE, SIEGENTHALER; CITY
, MANAGER; CITY ATTORNEY; CITY ENGINEER AND ASSISTANT RECORDER.
I'
,t
i: A REPORT OF THE PUBLIC WORKS COMMITTEE MEETING HELD NOVEMBER 4, 1954 - RE: RIVERVIEW I
II I
!: SEWER A~CESS; STUDY BY PLANNING COMMISSION ON THE PROPOSAL TO ESTABLISH A PUBLIC DEVELOP-
II MENT AREA BETWEEN COURTHOUSE AND RAILROAD AND ON TO THE RIVER; MILL RACE DEVELOPMENT
Ii
I, FOR MORE PERMANENT FLOW.
II
I: I . RIVERVIEW SEWER ACCESS - A DISCUSSION WAS HELD REGARDING A PROPOSED AGREEMENT
." "
I, BETWEEN THE OREGON STATE HIGHWAY DEPARTMENT, SOUTHERN PACIFIC RAILROAD AND THE CITY WHICH
I: WOULD ENABLE THE CITY OF EUGENE TO USE ONE BARREL OF THE MILL RACE.BRIDGE STRUCTURE WHICH
Ii PASSES UNDER THE RAilROAD NEAR JUDKINS POINT AS AN EGRESS ROUTE FOR THE SANITARY SEWER
Ii NOW BEING CONSTRUCTED TO SERVE THE RIVERVIEW AREA..
Ii
II TERMS OF THE PROPOSE.D AGREEMENT, ,THE HI GHWAY COMMI SSI ON WOULD REQUI RE THE
it UNDER THE
I: CITY TO TAKE OVER FUTURE MAINTENANCE OF THE GATES LOCATED ON THIS BRIDGE AND TO FURTHER
Ii
I: ACCEPT THE RESPONSIBILITY OF MAINTENANCE OF THE WASTE WAY. PRIOR APPROVAL OF THE
Ii SOUTHERN PACIFIC, RAilROAD WOULD BE NECESSARY BEFORE THE CITY COULD OBTAIN THE EASEMENT
II
Ii FOR THIS USE. .
.,
I Ii IT WAS FELT THAT THIS WAS THE MOST ADVANTAGEOUS SOLUTION THE CITY. COULD MAKE AND
I THE COMMITTEE RECOMMENDED APPROVAL OF THE AGREEMENT.
I
2. STUDY BY PLANNING COMMISSION ON THE PROPOSAL TO ESTABLISH A PUBLIC DEVELOPMENT AREA
, BETWEEN THE COURTHOUSE AND THE RAILROAD, AND ON NORTH TO THE RIVER -THE REPORT WAS
I RECEIVED BY THE COMMITTEE AND LAID OVER FOR FURTHER STUDY.
P
11
I 3. MILL RACE DEVELOPMENT FOR MORE PERMANENT FLOW - THE COMMITlEE DISCUSSED VARIOUS
e Ii PROPOSALS. THERE WAS NO ACTION TAKEN,"
I'
II IT WAS MOVED BY MR. BOOTH, SECONDED BY MR. GODLOVE THAT THE REPORT OF THE PUBLIC WORKS
I'
II COMMITTEE BE ADOPTED. MOTION CARRIED.
\! A REPORT OF THE PUBLIC WORKS AND FINANCE COMMITTEE MEETING HELD NOVEMBER 5, 1954 - RE:
8 " -
'I
Ii PAYMENT OF BilL FOR BURNING BRUSH ALONG AMAZON CREEK; OUTSIDE SEWER SERVICE CHARGES; AND
REQUEST FOR TEMPORARY TEST TO RAISE WATER LEVEL OF THE MilL RACE WAS SUBMITTED AND READ AS
II FOLLOWS;
I
i "PRESENT: MAYOR JOHNSON; COUNCILMEN CRUMBAKER, GODLOVE, KOPPE, SIEGENTHALER, WATSON;
,
I MR. GEORGE TODD, PRESIDENT OF THE.AMAZON WATER CONTROL DISTRICT; CITY MANAGER; CITY
! ENGINEER AND ASSISTANT RECORDER. THE PUBLIC WORKS AND FINANCE COMMITTEES MET ON NOVEMBER
Ii 5, 1954 TO CONSIDER THE FOLLOWING I T.EMS.
,
I I . PAYMENT OF BILL FOR BURNING OF BRUSH ALONG AMAZON CREEK - THE COMMITTEES DISCUSSED A
I BILL RECEIVED FROM THE AMAZON WATER CONTROL DISTRICT FOR WORK PERFORMED BY ORDER OF THE
I DISTRICT IN BURNI NG BRUSH ALONG THE AMAZON ON THE' CONGER PROPERTY. THE AMAZON WATER I
I CONTROL DISTRICT RECEIVED BIDS TO HAVE THE WORK DONE ALTHOUGH SUCHWOBK"SHOULD HAVE BEEN \
I
I DONE BY THE CITY BY VIRTUE OF AN AGREEMENT BETWEEN THE CITY AND MRS. CONGER AT THE TIME
\ THE EASEMENT OVER THE CONGER PROPERTY WAS OBTAINED TO CONSTRUCT THE AMAZON CHANNEL OVER
I HER PROPERTY.
1
I
Ii
II
e ,I
I
II
Ii \
! ....
I'
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- ~ - -- ._-- - ------- - -- ---'-'. --. ----- --- ~ - " - -------- - ----
-..-- -.. -~. .' -;"-'. :
IT WAS THE COMMITTEE'S BELIEF THAT THE CITY HAD PRIMARY LIABILITY TO PERFORM THE I
WOR~ AND THE COMMITTEES RECOMMENDED THAT THE BILL FOR BURNING THE BRUSH BE PAID. .
i -
2. OUTSIDE SEWER SERVICE CHARGES - THE COMMITTEE DISCUSSED THE SUBJECT Of OUTSIDE
SEWER SERVICE CHARGES. THE MATTER WAS REFERRED TO THE CITY ENGINEER FOR I NFORMA:rI ON
ON THE PRO RATA SHARE OF THE COST Of THE SEWER LINE WHICH SERVES THOSE PROPERTIES OUT- .
SIDE THE CITY LIMITS.
3. REQUEST OF MILL RACE COMMITTEE FOR TEMPORARY. TEST: TO RAISE WATER LEVEL OF MILL
RACE - THE COMMITTEE RECOMMENDS THAT THE CITY MANAGER BE INSTRUCTED AS A TEST MEASURE
TO CAUSE THE OUTLET CONTROL STRUCTURE OF THE MILL RACE TO BE TEMPORARILY RAISED TO AN
ELE~ATION SUCH THAT THE ELEVATION OF THE WATER IN THE MILL RACE DURING A PERIOD OF HIGH
WATER IN THE RIVER CAN BE RAISED TO AN ELEVATION EQUAL TO WHAT IT WAS PRIOR TO THE INSTALL-
ATION OF THE 30-INCH OUTLET PIPE WHICH IS CONSIDERED TO BE ELEVATION 420, AND THE MILL
RACE WHEN RAISED TO THE NEW ELEVATION TO BE STUDIED TO SEE fF A BETTER APPEARANCE EAN BE
HAD. II
IT WAS MOVED BY MR. BOOTH, SECONDED BY MR. SIEGENTHALER, THAT THE REPORT OF THE PUBLIC e
WORKS AND FINANCE COMMITTEES BE ADOPTED. ROLLCALL VOTE. MOTION CARRIED."
I
PETITIONS AND COMMUNICATIONS I
. I
9 AN APPLICATION FOR A PACKAGE STORE, CLASS liB" BEER LICENSE WAS SUBMITTED BY SYDNEy-MILLER
MILLER'S GROCERY, 1065 EAST 20TH AVENUE, AS INVESTIGATED BY THE POLICE DEPARTMENT. ,I
: I
IT WAS MOVED BY MR. SIEGENTHALER, SECONDED BY MR. BOOTH, THAT THE TRANSFER OF~.LICENSE II
FOR THE REMAINDER OF THE YEAR~1954 BE ENDORSED. MOTION CARRIED.
,I
Ii
IT'WAS FURTHER MOVED. BY MR. SIEGENTHALER, SECONDED BY MR. BOOTH, THAT THE RENEWAL APPLI- I:
CATION FOR THE YEAR 1955 BE REFERRED TO THE PUBLIC SAFETY COMMITTEE; MOTION CARRIED. il
10 THE FOLLOWING APPLICATIONS FOR RENEWALS OFL/QUOR LICENSES WERE SUBMITTED AS INVESTIGATED ii
BY THE POLICE DEPARTMENT: 'I
TINY TAVERN, 394 BLAIR BOULEVARD, RMBA I
REUBEN B. & LUCILLE JOHNSON, PB, I
I
FRATERNAL ORDER OF EAGLES, 525 WI LLAMETTE, DCC I'
JACK'S TAVERN, 24 WEST 8TH, JOHN G. & KATHERINE RUNGE, PB & RMBA I
WICK'S MARKET, 2498 WILLAMETTE,ARTHUR WICK, RMBB .
CLUB CROSSTOWN, 1797 W. 7TH AVENUE, ROBERT M. PULLI AM, DB It
Foo's 764 WILLAMETTESTREET, FRANK T. YOK, DB I
WI LCOX GROCERY, 2700 WILLAMETTE, ROY B. .WI LCOX, PA I
SORENSON'S COFFEE SHOP, 757 w. 6TH, ELMER A & DOROTHY SORENSON, RMBB I
EUGENE PASTIME, 730 WILLAMETTE, WILLIAM H. JOSTMEIER, RMBA
LAWRENCE ST; GROCERY, 395 W. 11TH, STEPHEN E. & 10LA E. McMI LLAN, PA I:
STop-N-SHOP MARKET, 2480 ALDER, .WILL/AM W. STEWART; PA Ii
29TH STREET SUPER MART, 2890 S. WILLAMETTE, V. A. ROMAINE & FRED RATH, PB. I
ROBERT'S LUNCH, 147 E. BROADWAY, CARROLL C. & MABEL C. ROBERTS, DA
THE PADDOCK TAVER~, 3333 HILYARD, JOHN HEFENEIDER, RMBA
THE ESQUIRE, JOHN F. GLEASON, 531 WILLAMETTE STREET, DA I
BILLY'S GROCERY, ,209 E. 7TH AVENUE, LEON:W. & PATRICIA E. COOLEY, PA
MINIT MARKET, 536 EAST 11TH AVENUE, WILLARD E. & VELMA LINDEMANN, PB I
POHLL'S MARKET, 1719.WEST 18TH, NORMAN & BERYL D. POHLL, PB
I RI SH & SWARTZ #3, 777 W~ 6TH,. PB !
tR ISH & SWARTZ #4, 1960 FRANKLIN, PB II
IRISH & SWARTZ #5, 2489 WILLAMETTE, PB
I RI SH & SWARTZ #6, 1597 W. 'I I TH, PB Ii
EUGENE HOTEl, 222 E. BROADWAY, RC & DB . I e
. HOLM'S MARKET, 1101 W. 8TH, ALFRED & MILDRED HOLM, PA I
SEYMOUR'S CAFE, 996 WI LLAMETTE, DARLE A. SEYMOUR, JIM MOLA, GLENN C~ FACKRELL, DA I
It
PRICE'S GROCERY, 107 MONROE, DONALD D. & NE L L PR ICE, PA . Ii
BILL Ross TAVERN, 958 OAK STREET, WILLIAM G. Ross, PB & RMBA
OASI:S TAVERN, 89.W. 8TH AVENUE, BENJAMIN Go. SNYDER, RMBA II
L & L GROCERY, 159 WILLAMETTE, HAROLD R. L:ESTI CO, PA
CLUB CIGAR STORE, -814 WILLAMETTE, TAD C. LUCKEY JR., MAUDE E. LUCKEY & Luc 1 NDA A.CALLI SON - II
PB & RMBA .
OSBURN HOTEL, 191 E. 8TH - JOE E. EARLEY, JR., ANNE E. EARLEY, JOHN H. BROWNSON, DB
CAFE DEL REY, 845 WILLAMETTE, MARGARET K. LANGMACK, DA :
WELCOME MARKET, 2885 HILYARD STREET, FRED R. & MYRTLE V. KI MBALl, PA
IT WAS MOVED BY MR. SIEGENTHALER, SECONDED B~ MR. GODLOVE THAT THE APPLICATIONS AS I
INVESTIGATED BY THE POLICE DEPARTMENT BE ENDORSED. MOTl ON CARR I ED. I
I I AN APPLICATION FOR A ROOMING HOUSE LICENSE WAS SUBMITTED BY KAYE E. AND DOROTHY B. I
MYERS, SNAPPY SERVICE Ro.OMS, 455 WILLAMETTE STREET, AS APPROVED BY THE POLICE, FIRE, BUILDING
AND HEALTH DEPARTMENTS.
J
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~ ! I
i
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~ '0
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- ------- - - - - - _._--~
~--- .,..-. .,--- -- - - - ~ -,-- - - - ---
---..-~.- --~-------- ---
I rn IT WAS MOVED BY MR. SIEGENTHALER, SECONDED BY MR. BOOTH, THAT THE APPLICATION AS
II APPROVED BY THE POLICE, FIRE,.BuILOING AND HEALTH DEPARTMENTS, BE APPROVED BY THE CITY
II COUNCIL. MOTION CARRIED.
II
12 COMMUNICATION FROM MR. N. FRAGER - RE: PARKING CONDITIONS ADJACENT TO MARX BUILDING WAS
II
II SUBMITTED AND READ AS FOLLOWS: .
"I AM WRITING TO ASK FOR YOUR HELP ON AN UNFAIR AND IMPOSSIBLE SITUATION.
[I
. .
II As THE OWNER OF THE MARX BLDG., AT 826 WEST PARK ST., I FIND MYSELF UNABLE TO HOLD
II TEN~TS PERMANENTLY, DUE TO THE PARKING CONDITIONS, AS THEY HAVE NO PLACE TO PULL IN WITH
Ii THEIR TRUCKS FOR LOADING AND UNLOADING.
jl
!; AT PRESENT, I HAVE ONLY TWO TENANTS, AND I HAVE THREE VACANCIES IN THE BUILDING, AND
I'
Ii AM ON THE VERGE OF LOSING THE PRESENT TWO TENANTS' BECAUSE WE DO NOT HAVE A. LOADING ZONE
I: CONVENIENTLY LOCATED FOR THEIR USE.
01
II
I
e I: ON BUSY DAYS THEY CANNOT PARK NEAR THEIR PLACE OF BUSINESS, AND IT IS A GREAT HARD-
,I SHIP ON THEM. ONE TENANT IS THE DAY AND NITE TV SERVICE, AND MOST OF THEIR DELIVERIES
I!I
II AND PICKUPS ARE HEAVY TV SETS. THE OTHER TENANT IS THE DRAPERY WORKSHOP OF THE BROADWAY.
ji FABRICS ARE LIABLE. TO DAMAGE IN INCLEMENT WEATHER.
Ii
I; A CONVENIENT LOADING ZONE IS A NECESSITY FOR THESE PEOPLE. THERE IS ONE LOADING
I! ZONE ADJACENT, BUT IT IS RESERVED FOR THE EXCLUSIVE USE OF ARMORED CARS FOR THE U. S.
I NATIONAL.BANK. THIS ZONE IS USED A TOTAL. OF PERHAPS A HALF HOUR EACH DAY, JUST A FEW
Ii MINUTES AT A TIME, YET IT REMAINS VACANT THE R.EST OF THE DAY. I HAVE SEEN TRAFFIC
OFFICERS ORDER THE DAY AND NITE TV TRUCK AWAY FROM THIS SPACE.
II
. .
ALL OTHER BUSINESSES IN THE AREA HAVE LOADING ZONES ADJOINING. THESE LOADING ZONES
ARE ABOUT A QUARTER OF A BLOCK AWAY FROM US, AND THEY ARE USUALLY OCCUPIED. THESE SPACES'
ARE NOT. EVEN CONVENIENT TO THE MARX BUILDING.
EASY ACCESS IS A. NECESS I TY FOR MY TENANTS IN ORDER TO CARRY ON THEIR BUSINESS. IF
Ii THEY DO NOT GET IT, IT MEANS THEY WILL LOOK FOR OTHER. SPACE. SOMETHING MUST BE. DONE TO
I REMEDY THE SITUATION, AS I CANNOT AfFORD TO LOSE, ANOTHER TENANT. My TENANTS ARE AT A
GREAT DISADVANTAGE, AND THIS SEEMS GROSSLY UNFAIR.
. j,: I ASK YOU FOR THE SAME CONSIDERATION OTHER BUSINESS HOUSES HAVE RECEIVED, AND
I
RESPECTFULLY REQUEST THAT YOU ACT FAVORABLY AND PROMPTLY ON THIS PEQUEST FOR A TRUCK
I LOADING ZONE AT THIS LOCATION: 826 WEST PARK, STREET.
I
i
I: PLEASE ADVISE, WHEN THE COM,MITTEE HANDLING THIS MATTER WILL MEET SO THAT I MAY BE
I'
Ii PRESENT. ",
il IT'WAS MOVED BY MR. SIEGENTHALER, SECONDED BY MR~ GODLOVE THAT THE COMMUNICATION BE
'I RECEIVED AND REFERRED TO THE PUBLIC SAFETY COMMITTEE, AND TO THE CITY MANAGER FOR RECOMMENDATION
!I
'I OF THE TRAFFIC ENGINEER. MOTION CARRIED. THE CITY MANAGER WAS INSTRUCTED TO NOTIFY MR. FRAGER
!,
Ii OF THE TIME AND PLACE OF THE PUBLIC SAFETY COMMITTEE MEETING SO THAT HE COULD BE PRESENT.
II
I Ii
13 Ii COMMUNICATION FROM AIRPORTS ~IVISION, CAA, DEPARTMENT OF COMMERCE - RE: MAHLON SWEET
,I
il FIELD, TENTATIVE 1956 FEDERAL-AID AIRPORT PROGRAM WAS SUBMITTED AND READ AS FOLLOWS:
I'
'I "IN ANTICIPATION OF A REQUEST FOR FUNDS TO CONTINUE THE FEDERAL-AID AIRPORT PROGRAM
I,
'I BEING INCLUDED IN THE PRESIDENT'S BUDGET FOR FISCAL YEAR 1956, THE CIVIL AERONAUTICS
Ii
:1 ADMINISTRATION IS ASSEMBLING DATA TO SUPPORT SUCH A REQUEST IF IT IS PRESENTED TO THE
II NEXT C'ONGRESS. INVIEW OF ~OUR PREVIOUSLY EXPRESSED INTEREST TO PARTICIPATE IN THE
e 1 FEDERAL-AID AIRPORT PROGRAM, IT IS REQUESTED THAT YOU ADVISE .THIS OFFICE AS S09N AS
, POSSIBLE REGARDING THE SPECIFIC ITEMS OF DEVELOPMENT WHICH YOU WILL BE PREPARED TO
!
II UNDERTAKE DURING THE FISCAL YEAR BEGINNING JULY I , 1.955, AND FOR WHICH YOU REQUEST
II FEDERAL ASSISTANCE.
I ~
" PRESENT CRITERIA EXCLUDE BUILQINGS~ UTILITIES, AUTO PARKING, LANDSCAPING AND ITEMS
Ii
I: NOT LSSeNTIAL TO SAFETY OF AIRCRAFT OPERATIONS BUT I NCLUDE LAND, GRADING, DRAINAGE, RUN-
Ii WAY PAVING, TAXIWAY AND APRON PAVING, FIELD LIGHTING, ACCESS ROADS AND FENCING, AND GIVE
HIGH PRIORITY TO ACQUI~ITION OF APPROACH AREAS AND OBSTRUCTIO~ REMOVAL. THESE CRITERIA
II ARE TO BE REVIEWED. PENDING SUCH REVIEW, YOU MI\Y INCLUDE ALL TYPES OF DEVELOPMENT.
I THOSE ITEMS FINALLY DETERMINED TO BE INELIGIBLE WILL BE DELETED BY THE CAA.
I
",
I YOUR REPLY SHOULD INCLUDE A CLEAR DESCRIPTION OF THE PROPOSED DEVELOPMENT AND AN
i
I ACCURATE ESTIMATE OF THE COST, BROKEN DOWN TO SHOW THE TOTAL COST FOR EACH MAJOR INCREMENT
I OF WORK. IN ADDITION YOU SHOULD INDICATE WHETHER SPONSOR FUNDS WILL BE READILY AVAILABLE,
IN WHAT AMOUNT AND FROM WHAT SOURCE. IF THE SOURCE IS A BOND ISSUE, ADVISE WHETHER BONDS
I II .HAVE BEEN AUTHORI~ED AND .1 F SO, IF BONDS HAVE BEEft SOLD. IT IS ALSO REQUESTED THAT YOU
I SHOW THE NUMBER OF CIVIL AIRCRAFT REGULARLY BASED AT THE AIRPORT, BOTH SINGLE ENGINE AND
MULTI-ENGINE.
e
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-- --- - ------ --- ~-- ---'-"-- _. - ---- -----. - ---- . -- - -
, ,.
--'--.' --, -
THE REQUEST CONTAINED IN YOUR REPLY WILL BE GIVEN CONSIDERATION IN ALLOCATING ANY I
FEDERAL FUNDS THAT'MIGHT BE MADE AVAILABLE IN FEDERAL FISCAL YEAR 19S6, BUT THIS LETTER
SHOULD NOT BE CONSTRUED AS ANY SOLICI~ATION OR COMMITMENT ON THE, PART Of THE GOVERNMENT.
THIS'OfflCE WILL BE GLAD TO DISCUSS THIS MATTER WITH YOU IN ADVANCE Of YOUR SUB-
MISSION Of A REQUEST. I N ANY EVENT, HOWEVER, SUCH REQUEST ~S YOU DE~IRE TO SUBMIT
SHOULD REACH THIS OFfiCE NOT LATER THAN NOVEMBER 22, 1954."
IT WAS MOVED BY MR. WATSON, SECONDED BY MR. BOOTH, THAT THE COMMUNICATION BE REfERRED TO
THE AIRPORT COMMITTEE AND FINANCE COMMITTEE. MOTION CARRIED.
14 COMMUNICATION fROM H. J. COX - RE: SIDEWALK CONSTRUCTION AT 1990WllLAMETTE STREET WAS
SUBMITTED AND READ AS fOLLOWS:
"KINDLY BE ADVISED THAT WITH THE COMING Of SPRING AND SUMMER - 1955, I WILL
CONSTRUCT AN ASPHALT SIDEWALK AT 1990 WILLAMETTE STREET, CI, TV;- 100 fEET ON WI LLAMETTE
STREET AND 147'ON WEST 20TH. "
I e
THERE WERE NO OBJECTIONS, AND THE LETTER WAS RECEIVED AND PLACED'ON fiLE.
15 COMMUNICATION fROM MR. & MRS. JOHN. HOUSER - RE: SMALL HOUSE ON BACK Of LOT AT 2880 ONYX
STREET WAS SUBMITTED AND READ AS fOLLOWS:
"WE: ARE MR. J. H. HOUSER, WE LIVE IN A TRAILER HOUSE AT VAUGHN, OREGON. I HAVE
~EEN EMPLOYED A~ THE LON~ BELL LUMBER CO. fOR 20 YEARS. Two YEARS AGO.WE DECIDED TO I
MAKE EUGENE OUR fUTUE HOME, SO WE PURCHASED A HOME AT 2880 ONYX. THE PROPERTY HAS TWO
HOUSES ON IT, A LARGE HOUSE AND A SMALL WELL BUILT HOUSE ON THE BACK, fACING BAKER
STREET. WE THOUGHT ,THAT WOULD SUIT OUR PURPOSE fiNE AS BOTH Of OUR MOTHERS ARE ALONE
NOW AND WE" THOUGH'T; SOME DAY WE COULD HAVE ONE OR BOTH Of THEM NEAR US. HOWEVER, NOT
BEING ABLE TO MOVE I N THE HOUSE AT THE PRESENT 'TI ME, WE DECIDED TO RENT THE BIG HOUSE
AND vJOULD MOVE IN THE SMALL HOUSE WHEN WE HAD DONE SOME REMODELING AND PAINTING. How-
EVER, IN THE MEANTIME WE fOUND OUT fROM THE BUILDING INSPECTOR, MR. CASEBEER, THE fORMER
OWNER, HAD NOT PURCHASEO A BUILDING PERMIT fOR THE SMALL HOUSE. WE WROTE TO MR. CASEBEER
ABOUT THis AND HE ~OLD US HE BUILT THE HOUSE PRIOR TO THE RESTRICTIONS. WE WOULD LIKE
TO GET PERMISSION TO, USE THE SMALL HOUSE LEGALLY.
WE INTEND TO IMPROVE THE PROPERTY SO IT WOULD BE A CREDIT TO THE COMMUNITY." .
IT WAS MOVED BY MR. BOOTH, SECONDED BY MR. KOPPE, THAT THE COMMUNICATION BE REfERRED TO
THE PUBLIC WORKS COMMITTEE. MOTION CA'RRIED. .
16 COMMUNI CAT! ON FROM THE, CENTURY Of PROGRESS FUND - RE: SITE FOR NEW FIRE SUBSTATION AT
THE SOUTHWEST CORNER OF 29TH AND FERRY STREET WAS SUBMITTED AND READ AS FOLLOWS:
"PLEASE BE ADVISED THAT THE CE-NTURY PROGRESS FUND DOES HEREBY AGREE TO EXECUTE A I
WAIVER Of RESTRICTIONS COVERING THE PROPERTY WHICH YOU DESIRE TO USE FOR A SU~-fIRE I
STATION fOR THE S0M OF $175.00. THE CENTURY PROGRESS FUND fEELS ~HAT IF IT: WAI VES THE
RESTRICTION WHICH LIMITS THE USE OF THE' PROPERTY TO PARKS, PLAYGROUNDS AND EDUCATIONAL
PURPOSES, THE CITY Of EUGENE SHOULD REIMBURSE THE FUND fOR THE EXACT AMOUNT OF MONEY I
WHICH THE CENTURY PROGRESS FUND PAID FOR SAID PREMISES. I
: -- ,- II
IMMEDIATELY UPON RECEIPT Of SAID SUM Of $175.00, THE WAIVER OF RESTRICTION WILL BE
EXECUTED AND DELIVERED TO YOU." II
IT WAS MOVED BY MR. SIEGENTHALER, SECONDED BY 'MR'. KOPPE, THAT THE PROPER CITY OFfiCERS
BE AUTHORIZED TO DRAW UP THE NECESSARY WARRANT TO PAY THE $175.00 FOR THE R~MOVAL OF DEED
RESTRICTION. MOTION CARRIED. e
17 A REQUEST FOR CHANGE Of OWNERSHIP OF A CARD ROOM LICENSE BY WALTER' E. COX, JACK'S PLACE,
752-1/2 WILLAMETTE STREETS, AS INVESTIGATED BY THE POLICE DEPARTMENT, WAS SUBMITTED AND READ.
IT WAS MOVED BY MR. SIEGENitHALER, SECONDED BY MR. CONE THAT THE REQUEST,' AS INVESTIGATED
BY THE POLICE DEPARTMENT, BE REFERRED TO THE PUBLIC SAFETY COMMITTEE.' MOTION CARRIED.
18 COM~UNICATIO~ FROM MR. EDWI N [. CONE, COUNCILMAN, WARD 4, RE: HIS RESIGNATION FROM THE
COUNCI~ WAS SUBMITTED AND READ AS FOLLOWS: .
.
"I HEREWITH SUBMIT MY RESIGNATION AS EUGENE CITY COUNCILMAN, WARD 4, EFFECTIVE
NOVEMBER 20, 1954.
AT' THI S T! ME I WOULD LIKE TO SAY THAT I' HAVE THOROUGHLY ENJOYED THE TWG YEARS 1 HAVE
SPENT A~ A MEMBER' OF THE EUGEN~ C(TY COUNCIL ANO THAT I FEEL I HAVE LEARNED MUCH THAT WILL
BE Of VALUE TO ME AS A REPR~SENTATIVE AT THE STATE LEGISLATURE. I'MAVE APPRECIATED THE I
OPPORTUNITY OF WORKING WITH OTHER MEMBERS Of THE COUNC(L, THE MAYOR, THE CITY MANAGER
AND OTHERS IN THE CITY ADMINISTRATION AND THE OPPORTUNITY OF MEETING AND WORKING WITH
MANY OTHER FINE PEOPLE. I KNOW THAT MY CLOSE CONTACT WITH THE MANY PROBLEMS OF CITY
GOVERNMENT THESE PAST TWO YEARS HAS MADE ME MORE CONSCIOUS OF MY DUTIES AS A PRIVATE I
CITIZEN AND I WILL FOLLOW WITH DEEP INTEREST THE fUTURE DEVELOPMENT OF OUR CITY." I
I
e
~ .!
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. . - - -- ---- " -- ~-- -- --- - -- ---_. ~ - --"" - -
l _ _ u - .
IT WAS MOVED BY MR. SI EGE.NTHALER, SECONDED BY MR. BOOTH, THAT THE RISIGNATION BE ACCEPTED
I '[ WITH THE COUNCIL'S THANKS FOR HIS SERVICE AND THE.IR REGRET THAT HE HAD TO RESIGN. MOTION
I,
II CARRIED.
. .
II
II IT WAS MOVED BY MR. SIEGENTHALER, SECONDED BY MR. BOOTH, THAT THE FILLING OF THE VACANCY
I, CREATED BY THE RESIGNATION OF MR. CONE BE REFERRED Tq THE COMMITTEE OF THE WHOLE. MOTION I
I! CARRIED. THIS MEETING WAS SET FOR 7:30 P.M., THURSDAY, NOVEMBER 18, 1954, I.N THE COUNC I L
,I CHAMBERS.
it
INTRODUCED AN OPI.NION rROM THE DISTRICT ATTORNEY OF LANE COUNTY CONCERN-
19 II THE CITY ATTORNEY
ING THE POSSIBILITY OF THE COUNTY BEING ABLE TO LEASE OR SELL A PORTION OF THE PARK BLOCK TO
II THE CITY OF EUGENE FOR LIBRARY PURPOSES. IT WAS READ AS FOLLOWS:
,I
II
I "AT YOUR REQUEST THIS OFFICE SUBMITS HEREWITH THIS MEMORANDUM REGARDING POSSIBLE
II
r ALLOCATION OF COUNTY PROPERTY TO THE CITY OF EUGENE TO BE USED IN CONNECTION WITH A
,t PROPOSED CITY LIBRARY, THE SPECIFIC PROPERTY BEING THE SOUTHEAST PARK BLOCK LOCATED
Ii IN THE PUBLIC SQUARE.
I'
e I'
i! AT THE PRESENT WRITING THIS OFFICE .
I: IS NOT ADVISED or ANY SPECIFIC PLAN OR PROPOSAL RE-
II GARDING THIS MATTER. THIS MEMORANDUM, THEREFORE, EMBRACES ONLY THE GENERAL PROBLEMS WHICH
'I WILL CONFRONT THE GOVERNMENTAL AGENCIES INVOLVED IN FUTURE PLANNING. BE ADVISED AT THE
"
I
I, OUTSET, HOWEVER, THAT THIS OFFICE IS OF THE OPINION THAT A WORKABLE PLAN CAN BE EFFECTED,
'I
I, THOUGH THE FORM OF THAT PLAN MUST BE LEFT TO FUTURE STUDY AND DELIBERATION.
Ii
Ii I . THE STATE OF OREGON HAS ~PON I.TS BOOKS.LEGISLATION RELATING TO THE L~MITATION \
Ii
I 'I OF THE POWER OF .ALfENATION BY THE COUNTY IN CERTAIN SITUATIONS. ONE SUCH PIECE OF LEGIS-
I! LA T! ON IS O.R.S. 275.330. THIS STATUTE ~ANNOT ~E ASSUMED TO BE OBSOLETE NOR FORGOTTEN,
Ii
Ii SINCE THE LEGISLATURE HAS DEALT WITH IT BY WAY OF AMENOMENT AS RECENTLY AS THE 1951
SESSION.
Ii
I,
,. THE STATUTE PROVIDES, IN PART:
Ii .
"
iI
I' , (, ) UPON THE ENTRY OF AN ORDER ~Y THE COUNTY COURT SETTING ASIDE THE REAL PROPERTY
I.
II PUBLIC PARK OR RECREATIONAL -AREA, THE LANDS SHALL BE SET APART
II FOR COUNTY FOREST,
, FOR SUCH USE AND THEREAFTER MAY NOT BE ALIENATED BY COUNTY COURT FOR ANY P.URPOSE
Ii
I UNLESS AUTHORI.ZEO BY A MAJORI.TY QF THE VOTERS OF THECCOUNTY IN A REGULAR OR SPECIAL
Ii
I: ELECT! ON, EXCEPT THAT. THE COUNTY COURT MAY CONVEY THE LANDS TO THE STATE, OR AN I
'I
e. I; INCORPORATED CITY OR TOWN'OR THE UNITED STATES GOVERNMENT FOR PUBLIC USE; PROVIDED
I: THAT SUCH ~ONVEYANCE MAY BE MADE WITHOUT THE PAYMENT OF COMPENSATION , (THEN
I: . . .
FOLLOWS PROVISIONS FOR RELIEF FROM TAXATION OF LANDS SO CONVEYED AND PROVIDING FOR
" SECT! ON (2) RELATES TO PROCEDURES OF
il AGREEMENTS AS TO MANAGEMENT OF TIMBER LANDS.
!: THE COURT AS TO PUBLICATION OF NOTICE, HEARl NG AND ORDERS. )
J:
I' IT APPEARS THAT ON DECEMBER 7, 1854, THE COUNTY COURT, CONSISTING OF THE THREE
I'
I ~ COUNTY COMMISSIONERS, DID CAUSE AN ORDER TO BE ENTERED SETTING ASIDE THE PARtrlCULAR
II AREA AS A PARK AND RECREATIONAL AREA. ASSUMING THAT THE 1854 PROCEEDINGS ARE LEGALLY
II
! ~ UNIMPEACHABLE, THE STATUTE HAS APPARENT APPLICA~ION TO THE PROBLEM AT HAND.
,
I:
.' (.A)
.Ii A SPECIAL OR GENERAL ELECTION BY THE VOTERS Of LANE COUNTY AUTHORIZING DISPOSI-
I TION OF THE PROPERTY IN QUESTION WOULD RELEA~E THE COUNTY FROM THE 1854 ORDER AND
II THE APPARENT RESTRICTIONS OF THE STATUTE.
I:
I! (B) A DEED WITHOUT CONSIDERATION, I . E. , A GIFT OF THE PROPERTY TO THE CITY IS
I'
II PERMISSIBLE WHERE A PUBLIC PURPOSE IS THE MOTIVATION Of THE TRANSACTION.
2. THE QUESTION ARISES AS TO WHETHER OR NOT SOME TRANSFER or AN INTEREST I N THE
I PROPERTY IN QUESTION CAN BE ACCOMPLISHED WHEREBY THE COUNTY CAN RECEIVE REASONABLE
'I
e I! REMUNERATION.
i'
Ii
Ii ' . THIS OFFICE CALLS YOUR ATTENTION TO THE TERM "ALIENATED" IN THE .:>TATUTE. WHILE
THERE IS NO CASE REPORTED FROM THE OREGON SUPREME COURT INTERPRETING THIS TERM, OR ANY
I: OTHER TERM or THE STATUTE, AND WHILE THERE IS NO COMPARABLE LEGISLATION IN OTHER STATES
I'
I: WHICH HAS RECEIVED JUDICIAL I NTERPRETATI ON, THE WORK "ALIENATE" HAS 13EEN INTERPRETED IN
SLIGHTLY DIFFERENT CONTEXTS BY THE COURTS IN OTHER STATES. THESE CASES INDICATE A
I: "All ENATE" AS
'I POSITIVE SPLIT OF AUTHORITY AS TO THE PROPER INTERPRErATfON OF THE WORD
"
Ii IT MAY APPEAR IN DEEDS, WILLS, CORPORATION CHARTERS, ORDINANCES OR STATUTES. SOME or
Ii THE CASES ADHERE TO THE PROPOSITION THAT "ALIENATION? CONTEMPLATES AN ABSOLUTE SURRENDER
I' AND PARTING OF TITLE TO THE PROPERTY, AND ACTS SHORT OF SUCH DIVESTMENT OF TITLE, WHILE
Ii
THEY ARE USUALLY ACCOMPLISHED BY SOME FORM OF CONVEYANCE, ARE NOT PROPERLY DENOMINATED
11 AS AN "ALIENATION".
II HUBBELL V. HUBBELL, I I 3 N ..W . 512, 515, 135 IOWA 637
I STARK'V DUVALL, 54 P. 453, 454, 7 I KL. 213
I I GOULD V. HEAD, F. 240, .
, 41 245.
I ORELL V BAY MFG CO., 36 SO. 561, 563, 83, MISS. 800, CITING STARK V. DUVALL.
I
I'
I'
II
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CONTRARY AUTHORITY HOLDS THAT AN ALI'ENATION RESULTS fROM ANY VOLU~TA~Y TRANSfER Of AN "I
INTEREST'IN 'LAND, AS DISTINGUISHED fROM TRANSfERS BY OPERATION Of LAW, AS, fOR EXAMPLE,
PASSING Of TITLE BY TESTATE OR INTESTATE SUCCESSION. RATHBUN V. ALLEN, 7 A20 273; 275,
63 R.I. ~09, AND OTHERS.
(A)' FROM THE ,fOREGOING AUTHORITIES I TIS CONCL~DED 'BY THI S Offl,CE. THAT AN ABSOLUTE
DEED GIVING ALL RIGHT, TI TLE AND INTEREST, 'OR A - fREEHOLD INTEREST, TO THE GRANTEE
MUST BE DONE BY WAY OF A GIFT AND fOR A PUBLIC PURPOSE AS INDICATED IN I. (A) ABOVE,
. . BUT THAT A LEASE WAS NOT INTENDED BY THE LEGISLATURE TO BE AN "ALIENATION". CON-
SEQUENTLY A LEASE fOR AN EXTENDED PERIOD Of TIME MAY BE PERMISSIBLE UNDER THE
STATUTE EVEN THOUGH THE COUNTY RECEIVES VALUABLE CONSIDERATION AND REMUNERATION
, - ,
fOR SUCH LEASE.
UNf013TUNA TE L Y, THE COURT SAW NO fUNDAMENTAL PUBLIC PURPOSE BEING SERVED IN THE NEW YORK
SITUA~ION, WHICH THIS OfFICE fEELS IS CONTRARY TO THE SITUATION NOW AT HAND I N LANE
COUNTY.
5. If YOU CHOOSE TO REJECT THE PLANS SUGGESTED ABOVE, IT MIGHT BE WELL TO CONSIDER e
THE POSSIBILITY Of AN OVER-ALL AGREEMENT BETWEEN THE CITY Of EUGENE AND LANE COUNTY. BY
" ,
STATUTE, LOCAL GOVERNMENTS ARE GIVEN AUTHORITY TO ENTER AGREEMENTS fOR JOINT PERfORMANCE
Of fUNC TI ONS.
-,
OREGON REVISED STATUTES 190.010 PROVIDES:
'MUNICIPALITIES, DISTRICTS OR COMMISSIONS SITUATED IN ANY COUNTY OR COUNTIES, MAY, I
WHENEVER IT IS DEEMED fOR THEIR BEST INTERESTS, ENTER INTO WRITTEN AGREEMENTS WITH
.. '
SUCH COUNTY OR COUNTIES, O~ WITH EACH OTHER, fOR THE JOINT'PERfORMANCE OF ANY AND
ALL SIMILAR ADMINISTRATIVE fUNCTIONS AND ACTIVITIES Of THEIR LOCAL GOVERNMENTS
THROUGH CONSOLIDATED AGENCIES, OR BY MEANS Of INSTITUTIOr-'S, BUILDINGS, SWIMMING
POOLS OR OTHER RECREATIONAL OR EDUCATIONAL f~CILITIES AND EQUIPMENT ~OINTLY CON-
STRUCTED, OWNED, LEASED OR OPERATED. ,
OREGON REVISED STATUTES 190.040 PROVIDES:
'No AGREEMENT AUTHORIZED_,BY O.R.S. 190.010 SHALL BE ENTERED .. INTO FOR A PERIOD Of
-,
MORE.1HAN TWO YEARS FROM THE DATE THEREOf; BUT SUCH AGREEMENTS MAY BE RENEWED fOR
A PERIOD NOT EXCEEDING TWO YEARS AT ANY ONE TIME. THE LIMITATION PRESCRIBED IN .
. -
_THIS SECTION IS NOT AP~LICABLE T~ CONTRACTS TO JOINTLY OWN, CONSTRUCT,MAI~TAIN
AND OPERATE P\)BLIC PARKS, ATHLETI C fl EL.DS, SWIMMING POOLS, OTHER TYPES Of RECREA-
TIONAL O~ EDUCATIONAL fACILITIES AND EQUIPMENT OR COUNTY AND CITY ,GOVERNMENTAL I
I
-BufLDI NGS. , .
. n I
THESE STATUTORY PROVISIONS HAVE NOT RECEIVED JUDICIAL INTERPRETATION BUT MERITED
THE ATTENTION Of THE STATE LEGISLATURE AS RECENTLY AS THE 1953 SESSION.
.. ~.
(A) THE POSSIBILITIES or ~OINT AGREEMEN~S'WITH RESPECT TO THIS PROPERTY AND THE
PROPOSED LIBRARy fOR THE C'TY OF EUGENE ARE MANifOLD UNDER THESE STATUTORY PROVISIONS.
THI.S OffiCE ~LSO fEELS THAT THIS ~XPRESS STATUTORY AUTHORITY TO ENTER LONG TERM AGREE-
MENTS BETWEEN COUNTY AND CITY WITH RESPECT TO EDUCATIONAL BUILDINGS AND OTHER PRO- I
- PROPOSITION THAT O.R.S. I
PERTIES STRENGTHENS, If IT DOES NOT CERTAINLY ESTABLISH, THE
., -
275.330 WAS NOT INTENDED BY THE LEGISLATURE TO APPLY TO A LEASING AGREEMENT.
.. "CONVEYANCErl USED "EXCEPTION I
3. YOUR ATTENTION IS NEXT INVITED'TO THE TERM IN THE
CLAUSE""ANDTHE "PROVlio CLAUSE" O~'THE STATUTE UNDER'CONSIDERATION. HERE THE LEGISLATURE
I HAS DEPARTED FROM THE USE OF THE TERM "ALIENATED" AND EMPLOYED THE TERM "CONVEYANCE" AND
i ' -.
, THE QUESTI ON I S PRESENTED ,WHETHER, t N 1?01 NG SO, THE LEGISLATURE INTENDED TO INCLUDE
I LEASES AS WELL AS DEEDS WITHIN THE PROHIBITION OF THE STATUTE.
I
I e
I
I THE OREGON SUPREME COURT HAS ENUNCIAT~D THE RULE Of LAW THAT A LEASE
I IS A CONVEYANCE
I OF LANDS AND TENEMENTS BY A PERSON fOR LifE OR YEARS AND MAY BE CONVEYED BY DEED. (122
. -
I OR. 285, 1927) THIS PROPOSITION IS _ RECOGN I ZED IN THE 0 I SCUSS ION ABOVE .WI TH RESPECT TO THE
;
! TERM "ALIENA~ED" WHEREI~ IT IS ACKNOWLE~GED THAT A LEASE MAY BE DONE BY CONVEYANCE AND
STILL NOT AMOUNT 10 AN ALIENA1IQN.
BUT A LEASE IS ALSO A CONTRACT, AND IT IS A fUNDAMENTAL PRO~OSITION Of LAW THAT IT
MUST BE ~UPPORTED BY CONSIDERAT~ON TO HAVE BJNDING LEGAL EffECT.
YOUNG V NEILL ET AL, 190 OR. 16\
jjEVAN v. lEMPLEMAN ET AL, I 45 UR; 279, 289
BINGHAM V. HONEYMAN, 32 UR. 129
NOYES V. STAUff, 5 OR. 129
FEASTER V. FAGAN, 113 N.W. 478, 478, 135 IOWA 633
WARD V. AMERICAN HEALTH FOOD CO. 96 N.W. 388, 391, 119 WIS. 12 I
. .
i
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. -- - - - ~ - - - --- _~__ "__.h ____ .._~ - -- ---- -- -~ ---- _._- ----
--- !I -------~ - ----~--~----------------- ---- "--~-~---C='C".=-C=7~~.~7~---r'----~-=-:-c--
I.
I :1 I
Ii THUS, WHILE A TENANCY fOR YEARS MAY BE LIMITED BY DEED, THE LANDLORD-TENANT RELATION-
II SHIP HAS AS ONE Of ITS CARDINAL fEATURES, .THE RETURN Of CONSIDERATION BY THE TENANT, THE
" CI TV .
Ii IN THIS INSTANCE. .
!
If THE OREGON SUPREME COURT WERE TO ADOPT THIS INTERPRETATION, THE STATUTORY I NTER- -I
'I
"
Ii PRETATION AS TO THE PROVISO CLAUSE WOULD R&SULT IN THE CONCLUSION .THAT THE LEGISLATURE
Ii INTENDED THE TERMS "ALIENATED" AND "C-ONVEYANCE tt IN THIS STATUTE TO APPLY TO TOTAL DIVEST-
II MENTS Of THE COUNTY'S INTEREST IN LAND, AND NOT TO -LEASES, SINCE THE PROVISO IS THAT THE
I'
I "CONVEYANCE" BE WITHOUT CONSIDERATION. THE LEGISLATION COULD NOT HAVE INTENDED THE LEASE
I'
': TO BE WITHOUT CONSIDERATION; SINCE IT WOULD THEN BE NO LEASE AT A~L. CONSEQUENTLY, THE
ii
" STATUTE DOES NOT fORBID A LEASING AGREEMENT fOR -VALUABLE CONSIDERATION.
Ii
,I (A) IT IS THE OPINION Of THIS OffICE, THEREfORE, TH~T A 99 YEAR LEASE AT REASONABLE
il
. RENTAL IS NOT PROHIBITED BY THIS STATUTE BUT CAUTIONS THAT IT WOULD BE WISE TO
II OBTAIN A DECLARATORY JUDGMENT Of THE RIGHTS Of THE PARTIES BEfORE EXTENSIVE
II EXPENDITURES ARE MADE.
I, <,
e Ii 4. You MAY ALSO BE ADVISED THAT THE POSITION Of THE CITY AND COUNTY IN THIS MATTER
i: MAY BE STRENGTHENED BY THE fACT THAT A BENEfiCIAL PUBLIC PURPOSE IS THE OBJECTIVE Of THE
Ii PROPOSALS. JUDICIAL fAVORITISM fOR fURTHE~ING A PUBLIC PURPOSE IS COMMONPLACE. ILLUSTRA-
T I VE Of T.H IS IS THE DICTUM Of THE NEW YORK COURT IN DISCUSSING A LEASE Of CITY LANDS IN THE
" fACE Of A STATUTE PROHIBITING "ALIENATION":
"
"
it , IT CANNOT BE ACCURATELY SAID ~HAT A LEASE Of THE PUBLIC PROPERTY SPECifiED
I I: . . .
I ~ IN SECTION 71 IS VOID, If IT NECESSARILY CARRIES OUT A PUBLIC PURPOSE AUTHORIZED
I! IN ANY OTHER SECTION. ,
I:
I: 6. You HAVE "ALSO INQ~IRED CONCERNING THE POSSIBLE RESTRICTIONS AS TO THE USE
WHICH THE-COUNTY CAN MAKE Of THIS PROPERTY CONTAINED IN THE ORIGINAL DEED TO THE COURT
fROM CHARNEL MULLIGAN AND WIfE.
,
ii
1 AN EXAMINATION Of THE DEED ON RECORD SHOWS THE fOLLOWING AS ~HE ONLY POSSIBLE LANGUAGE
I
I IN THE DEED WHICH ~OULD BE CONSTRUED AS A RESTRICiION:
I
I "WITNESSETH: THAT THE SAID PARTY Of THE fiRST PART ~OR AND
Ii IN CONSIDERATION Of THE
SUM Of ONE DOLLAR TO THEM IN HAND PAID, TH~ RECEIPT WHEREOf IS HEREBY ACKNOWLEDGED
." I. AND fOR THE fURTHER CONSIDERATION THAT EUGENE CITY; SEAT Of JUSTICE fOR SAID
I!
COUNTY Of LANE HAS BEEN LOCATED, PARTL.-Y THEREON, HAVE BARGAINED AND SOLD BY THESE
I: PRESENTS... ,
THE OREGON SUPREME COURT HAS ADHERED TO THE RULE ESPOUSED BY THE GREAT WEIGHT Of
Ii
II AUTHORITY IN THIS COUNTRY THAT RESTRICTIVE COVENANTS IN DEEDS ARE TO BE STRICTLY CON-
II STRUED. THE COURT HAS SAID:
"
Ii 'AND AN ESTATE UPON CONDITION ~ANNOT BE CREATED BY DEED, EXCEPT WHERE THE TERMS
Ii Of THE GRANT WILL ADMIT Of NO OTHER REASONABLE INTERPRET~TION...OUR CONCLUSIONS
ON THIS POINT ARE STRENGTHENED BY THE fACT THAT THE APPELLANTS ARE I NVOLl NG A
I: TECHNICAL RULE Of THE COMMON LAW, WHICH RULE HAS NEVER BEEN fAVORED BY THE COURTS,
I II
Ii BU~ IS ALWAYS ~ONSTRUED STRICTLY. ,
I: RALEY V. UMATILLA COUNTY, 15 OR. 180, 181 .
!I
Ii .
I: THE REASON FOR THIS RULE IS THAT THE COURTS ABHOR A fORFEITURE 'WHICH WOULD RESULT
If A RESTRICTION WERE ALLOWED LIBERAL INTERPRETATION.
:
il SEE EXCELLENT ANALYSIS IN ~STATES AND CONDITIONS SUBSEQUENT AND ESTATES ON SPECIAL
e II LIMITATION, BY KENNETH J. O'CONNEL, PROfESSOR Of LAW, UNIVERSITY Of OREGON,
I: COLLEGE Of LAW, 18 OREGON LAW REVIEW 63 AT P. 76.
II
Ii
ii Of GREAT IMPORTANCE ALSO IS THE fACT THAT THE MULLIGAN DEEDS WERE GRANTED fOR A ~
I: PUBLIC PURPOSE. THIS CIRCUMSTANCE HAS BEEN TAKEN BY THE OREGON SUPRSME COURT AS AN
\i INDICATION THAT A fORfEITURE IS NOT INTENDED BY CONDITIONAL OR LIMITING WORDS I N THE
DEED. CITY Of PORTLAND V. TERWILLIGER, 16 OR. 465.
I' (A)
, IT IS TH€ OPINION Of THIS OfFICE THAT THE WORDS QUOTED ABOVE fROM THE MULLIGAN
I'
I,
i! DEEDS IS NON-RESTRICTIVE IN NATURE.
I! I
Ii (B) IT IS THE OPINION Of THIS OffiCE THAT CLAIMS ASSERTED ON THE BASIS Of THIS
II LANGUAGE COULD BE SUCCESSfULLY DEfEATED SHOULD LITIGATION ARISE. tI
I
,
I
,
: IT WAS MOVED BY M~. SIEGENTHALER, SECONDED BY MR. BOOTH, THA T THE RE PORT BE REfERRED TO'
t
THE SPECIAL COMMITTEE fOR CIVIC CENTER. MOTION CARRIED.
I
, ,
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- - '
- - -- - - - -- - ---- .tt
ORDINANCES I
20 COUNCIL BILL No. 1793 - RE: ZONfNG WEST 11TH - RR AREAS ANNEX~D ON SEPTEMBER 17, 1954,
INTRODUCED AND GIVEN FIRST READING OCTOBER I .I , 1954 WAS BROUGHT ON FOR CONSIDERATION.
I T WAS MOVED BY MR'. BOOTH; SECONbED BY MR. KOPPE THAT THE BILL BE READ THE SECOND TIME
BY TITLE ONLY, VITH UNANIMOUS CONSENT ~F THE -COUNCIL. MOTION CARRIED UNANIMOUSLY AND THE BILL
WAS READ THE SECOND TIME BY TITLE ONLY.
IT WAS MOVED BY MR. BOOTH ,: SECONDED BY MR. KOPPE THAT THE RULES BE SUSPENDED AND THE BILL
BE READ THE THIRD TIME BY TITLE ONLY. MR. GODLOVE VOTED NO. MOTION DEFEATED.
21 COUNC It BILL No. '1798 - RE': EMPOWERING POLICE OFFICERS AND SCHOOL S~FETY PATROL OFFICERS
TO ENFORCE LAWFUL ORDERS ,AND 01 RECTIONS WAS SUBMI TTED AND READ -THE FI RST TI ME IN FULL.
IT WAS MOVED BY MR. BOOTH, SECONDED BY MR. GODLOVE THAT TKE BILL BE REA~ THE SECOND TIME
BY TITLE ONLY, WITH UNANIMOUS CONSENT OF THE EOUNCIL. MOTION CARRIED UNANIMOUSLY AND THE BILL e
WAS READ THE SECOND TIME BY ~I~LE ONLY. .
LT WAS MOVED BY MR. BOOTH, SECONDED BY MR. GODLOVE THAT THE RULES BE SUSPEN,DED AND THE
BILL BE READ .THE THIRD TIME BY'TlTLE ONLY, WITH UNANIMOUS CONSENT ,OF THE COUNCI'L. MOTION
CARRIED UNANIMOUSLY AND THE BILL WAS READ THE THIRD TIME BY TIT.LE ONLY.
LT WAS MOVED BY MR. BOOTH, SECONOED BY MR.' GODLOVE THAT :THE COltNCI L BI-LL .B~ A,PPROVED I
AND GIVEN FINAL PASSAGE. ALL COUNC I LMEN PRESENT VO~I:NG AYE ~ DR. CRUMBAKER ABSENT. THE BILL
WAS DECLARED PASSED AND NUMBERED 10504. :
22 COUNCIL BILL No. 1799 - RE: LEVYING ASSESSMENTS FOR SANITARY SEWER - EAST' LI~E 1ST
ADD I T ION TO WI LL I S HE I GHTS FROM ALLEY SOUTH OF_ 34TH AVENUE To'LoT 12, BLOCK 5 WAS SUBMITTED
AND READ THE FIRST TIME IN FULL.
I I~ WAS MOVED,BY MR. BOOTH, SECONDED BY MR. GODLOVE THAT THE BILL BE LAID OVER AND PROPER
I NOTICE OF ASSESSMENT BE GIVEN AFFECT;ED PROPERTY OWNERS. MOTION CARRIED.
I
23 COUNCIL BILL No. 1800 - RE: LEVYING ASSESSM[NT& FOR ~ANITARY SEWER :ALON~ AGATE STREET
FROM 26TH TO SOUTH CITY, LIMITS WAS' SUBMITTED AND READ THE FIRST' TIME IN FULL.
, .
.
IT WAS MOVED BY MR. BOOTH, SECONDED BY MR. GODLOVE THAT THE BILL BE LAID OVER AND PROPER
NOTICE OF ASSESSMENT BE GIVEN AFFECTED PROPERTY OWNERS. MOT! ON CARRI ED. :. ..
24 ! COUNCIL BILL No. 1801 - RE: LEVYt NG AS'SESSMENTSFOR PAVI NG KI NCAt D STREET FROM 30TH
I AVENUE TO ALDER STREET WAS SUBMITTED AND READ THE
FIRST- TIME I N' FULL.
:
IT WAS MOVED BY MR. BOOTH, SECONDED BY MR. GODLOVE THAT THE BILL BE LAID OVER AND PROPER
NOTI CE OF ASSESSMENT B'E GI VEN AFFECTED PROPERTY OWNERS. MOTION CARRIED.
. . .
25 COUNCIL,BILL No. 1802 ~ RE: LEVYING ASSESSMENTS FOR PAVING ,ALLEY BETWEEN I I TH AND 12TH II
AVENUE FROM LI NCOLN TO LAWRENCE AND ALLEY BETWEEN LI NCOLN AND LAWRENCE FROM ,I I'TH AVENUE TO I
ALLEY BETWEEN I I TH AND 12TH AVENUES WAS SUBMITTED AND READ THE FIRST TIME I III FULL.' II
II
. 11
IT WAS MOVED BY MR. BOOTH, SECONDED BY MR. GODLOVE THAT THE BILL BE LAID OVER AND PROPER I
NOT! CEOF ASSESSMENT BE 'GI'VEN AFFECTED PROPERTY OWNERS. MOTION CARRIED.-
.
26 COUNCIL BILL No. 1803 - RE: LEVYING ASSESSMENTS FOR PAVING 21ST AVENUE FROM EMERALD TO I[
AGATE STREET WAS SUBMITTED AND REA~ THE FIRST TIME I,N FULL.
. II e
IT WAS MOVED BY MR. BOOTH, SECo.NDED BY MR. GODLOVE THAT THE BILL BE LAID OVER AND PROPER II
NOTICE OF ASSESSMENT BE GIVEN AFFECTED PROPERTY OWNERS. MOTION CARRIED.
27 COUNCIL BILL No. 1804 - RE: LEVYING ASSESSMENTS FOR S~WER 'ON 23RD AV~NUE FROM CLEVELAND l'
TO ARTHUR STREET WAS SUBMITTED AND READ THE FIRST TIME iN FULL. I
IT WAS MOVED BY MR. BOOTH, ~ECONDED BY MR. GODLOVE THAT THE BILL BE LAID OVER AND PROPER I
NOTI CE OF ASSESSMENT BE GI VEN AFFECTED PROPERTY O,WNERS. MoTl ON CARRI ED. I
. I
28 COUNCIL BILL No. 1805 - RE: LEVYING ASSESSMENTS FOR PAVING 23RD AVENUE FROM FRIENDLY TO I
ADAMS STREET WAS SUBMITTED AND READ FOR THE FIRST TIME I N FULL. I
. I
IT WAS MOVED BY MR. BOOTH, SECONDED BY MR. GODLOVE THAT THE BILL BE LAID OVER AND PROPER I
NOTI CE OF ASSESSMENT BE GI VEN AF-f"ECTED PROPERTY OWNE~S. MOT ION, CARR I ED_. I
,
i
. "
29 COUNCIL BILL No. 1806 - RE: LEVYING ASSESSMENTS FOR S" SEWER E\ETWEEN 29TH PLACE AND lj I
30TH AVENUE tROM ONYX TO AGATE STREET WAS SUBMITTED AND READ THE FIRST TIME IN FULL. il
,
IT WAS MOVED BY MR. BOOTH, SECONDED BY GODLOVE THAT THE ,
BILL BE LAID OVER AND PROPER
NOTICE OF ASSESSMENT BE GIVEN AFFECTED PROPERTY OWNERS. MOTION CARRIED.
30 COUNCIL BILL No. IS07 - RE: LEVYING ASSESSMENTS FOR PAVING 21ST AVENUE FROM POTTER TO
UNIVERSITY STREET WAS SUBMITTED AND READ fHE FIRST JIME I N FULL.
I. WAS MOVED BY MR. BOOTH, SECONDED BY MR. GODLOVE THAT THE BILL BE LAID OVER AND PROPER e
NOTICE OF ASSESSMENT BE GIVEN AFFECTED PROPERTY OWNERS. MOTION CARRIED.
~
C' ~g ~
~b~
e
- - --~._- - - - - - ~ - . __T
! -_. -- . __ -0 ~_
I 31 COUNCIL BILL No. 1808 - RE: DECLARING No ELECTION IN CITY ON THE CITY VIEW STREET
I! ANNEXATION WAS SUBMITTED AND READ THE fiRST TIME IN fULL.
i!
Ii IT WAS MOVED BY MR. BOOTH, SECONDED BY MR. GODLOVE THAT THE BILL BE READ THE SECOND TIME
p
I BY TITLE ONLY, WITH UNANIMOUS CONSENT Of THE COUNCIL. MOTION CARRIED UNANIMOUSLY AND THE BILL
II
I WAS READ THE SECOND TIM~ BY TITLE ONLY.
,I
I,
i: IT WAS MOVED BY MR. BOOTH, SECONDED BY MR. GODLOVE THAT THE RULES BE SUSPENDED AND THE BILL
11
" MOTION CARRIED
" BE READ THE THIRD TIME BY TITLE ONLY, WITH UNANIMOUS CONSENT Of THE COUNCIL.
II
Ii UNANIMOUSLY AND THE BILL WAS READ THE THIRD TIME BY TITLE ONLY.
II
I, IT WAS MOVED BY MR. BOOTH,
\: SECONDED BY MR. GODLOVE THAT THE COUNCIL BILL BE APPROVED AND
,I GIVEN fiNAL PASSAGE. ALL COUNCILMEN PRESENT VOTING AYE. DR. CRUMBAKER ABSENT. THE BILL WAS
I'
ii DECLARED PASSED AND NUMBERED 10505. I
Ii
" I
"
32 II COUNCIL BILL No. 1809 - RE: ANNEXING CITY VIEW STREET PROPERTY WAS SUBMITTED AND READ
"
Ii THE fIRST TIME IN fULL.
e Ii .
IT WAS MOVED BY MR. BOOTH, SECONDED BY MR. GODLOVE THAT THE BILL BE READ THE SECOND TIME
il
I' 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: IT WAS MOVED BY MR. BOOTH, SECONDED BY MR. GODLOVE THAT THE RULES BE SUSPENDED AND THE
Ii BILL BE READ THE THIRD TIME BY TITLE ONLY, .WITH UNANIMOUS CONSENT Of THE COUNCIL. MOTION
I I' CARRIED UNANIMOUSLY AND THE BILL WAS READ THE THIRD TIME BY TITLE ONLY.
I
il I
II IT WAS MOVED BY MR. BOOTH, SECONDEO BY MR.., GODLOVE THAT THE COUNCIL BILL BE APPROVED AND
II GIVEN fiNAL PASSAGE. ALL COUNCILMEN PRESENT VOTING AYE. DR. CRUMBAKER ABSENT. THE BILL WAS
DECLARED PASSED AND NUMBERED 10506.
,I
'I
,. RESOLUTIONS
ii
Ii
33 11 RESOLUTION - RE: CONTRACT BETWEEN CITY Of EUGENE, STATE HIGHWAY COMMISSION AND SOUTHERN
I ~
Ii PAClf.C COMPANY CONCERNING INSTALLATION Of A SEWER LINE WAS SUBMITTED AND READ AS fOLLOWS: I
II "WHEREAS, THE CITY Of. EUGENE DESIRES TO ENTER INTO A CONTRACT WITH THE STATE I
. I: Of OREGON, BY AND THROUGH ITS STATE HIGHWAY COMMISSION, AND SOUTHERN PACifIC COMPANY, I
II
I, CONCERNING THE INSTALLATION Of A SEWER LINE, A COpy Of WHICH CONTRACT IS HERETO ATTACHED
'I
II AND MADE, BY REfERENCE, A PART HEREOf, AND
I,
- I!
Ii WHEREAS, SAID CONTRACT HAS BEEN fULLY CONSIDERED AND APPROVED BY THE COMMON
" COUNCIL Of THE CITY Of EUGENE, OREGON,
I
I,
II NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL Of THE CITY Of EUGENE THAT THE
"
I' MAYOR AND CITY RECORDER BE,
" AND THEY ARE HEREBY, AUTHORIZED TO SIGN, EXECUTE ~ND DELIVER
,I
II SAIO CONTRACT ON BEHALF OF THE CITY OF EUGENE.
"
:1 RESOLUTION ADOPTED THIS 8TH DAY Of NOVEMBER 1954."
I Ii I
I'
I' IT WAS MOVED BY MR. BOOTH, SECONDED BY MR. GODLOVE THAT THE RESOLUTION BE ADOPTED. ROLL-
Ii
I: CALL VOTE. MOTION CARRIED.
,
I
34 I: AfTER DISCUSSION, IT WAS MOVED BY MR. SIEGENTHALER, SECONDED BY MR. OWEN THAT THE MATTER
II
Ii Of PAVING SIDEWALK AND ALLEYS WITH ASPHALTIC CEMENT BE INVESTIGATED AND THAT THE MATTER BE
Ii REF"ERRED TO THE PUBLIC WORKS COMMITTEE. MOTION CARRIED.
e 35 ji IT WAS MOVED BY MR. KOPPE, SECONDED BY MR. SIEGENTHALER, THAT THE USE Of WEST 18TH AVENUE I
II BY CHILDREN ON THEIR WAY TO AND fROM SCHOOL BE INVESTIGATED BY THE POLICE DEPARTMENT WITH I
SPECIAL EMPHASIS ON THE AREAS WHERE THERE ARE NO SIDEWALKS AND THAT THE RESULTS OF" THIS
II INVESTIGATION BE REfERRED TO THE PUBLIC WORKS COMMITTEE FOR INVESTIGATION.
Ii UPON MOTION DULY MADE, SECONDED AND CARRIED, THE MEETING WAS ADJOURNED TO NOVEMBER 18,
Ii 1954 AT 7:30 P.M.
II
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I RESPECTfULLY SUBMITTED,
II
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II
Ii
I.i ROBERT A. FINLAYSON, I
II CITY MANAGER.
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