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HomeMy WebLinkAbout1928-0413 Council Mtg MIN E .A~ 1'~shl~.nc~, Oregon, ~~ipr. 13, 1928. F u ac~~o~~~~`~ TYIe council met in re -°ular session ut 7:c~O o'clock P.l~. on this c'tate. Present I~~ayor Thornton; Coullcilr~ien Bergner, ~~~ay, Peters, '~`.'hite, ~~toods; absent none. .gain The council~proceedec~ to consider resolution entitled ''Resolutipn aeclurin~ the policies ~.nd ll~~ns of the Common .Council of tree City of i`tishlund, Jackson County, Oregon, ~~~ith refernece to the ~,onstruction of sertiroir in tshlund Creek Canyon ` w ' I ,t r, c ~ n and outlining, the ~.in~LnciUl l:~rogr~~.r~~ in 7 el~~tior~ thereto. Having beery read the .~~.,cond time, roll cu.l1 eras ors±_ered on its adoption. Courlcilmrln Bergner stated th~.t he T~~rould vote ug~~inst the resolution otipling to the f~.ct fleet he thought it ~,~~r~:.s not the proper time to build « dam. Thu vote eras ~~s follo~firs: ;.yes- Hay;~~~~ers~ 'Y~lite, 'goods, Tlr.ys Bergner. Thereupon the 4«yor dccl~~red the resolution ~~dopted. The contract rtina bond of the Parker Schram Co. <~rld letter from s~~id C~mp~.ny to the City ~'~ttorriey ~;°~rere z~e~.d. ?.aoved by j,uy seconded by ~`'eters that the form of con- tract u.nd band. 'ae ~:.pproved anc~ a copy ther,of sprer:~u on i:he rYlinutes. C~:rried. ihra contract, s reed, vJas ~_s follo~;~rs : . COYuSTRUC 1 IO~~d COi'IT~I'tC T . t '~"HIS 1~G3~~~r~~T. ma~±e us of this 5th day of April, 19;c~, by end beta~~een the CITY OF hSII1~~Yt~,ar-~municip~~l corpor«tion of JG.Cksorl County, Oregon, herein design~:ted ~-s the ''CI'TY, and Pi'~.R3~"~R-SCY~~t?~,~ CO. , co-p~~rtrlership composed of Chas . P~~rker <~nd C . ~ ~ Schram) and J. C. Compton, the said r~.rker-Schram Co., ~..nd J. C. Compton, herein ~ ctesign~~ted r:s the ''COuP~.CTORS". 'mITNFSS ~T~~~: 1. That the COv'i~'F.~~C'ORS in consideration of the payments to be made to them by the CI~'~:' in the manner ~.nd U.t the time hereirl~:fter provided, ~.nct of tree conevants and ~~greements hereirlagter contained, hereby agree for themselves, their heirs, esecu- tors, {~.ministr~~.tors, successors, ~.nd ~.ssigns, to construct vvh~t it knoti~rn BAs the "Hee~.er Gulch ~amr' specific~.lly described ~.nd set forth in the specifications r:~nd plans he~°eto att<~ched and m~ide part hereof, <.~rrd to furnish all rlecess~ry m~~chinery, tools, al;~pr~ratus~ materiels ~.n~. labor therefor, Gins. to do the s,~,~ork in the rrlost subst~~nti~1 4, and ?~~orkmanlike manner according to tree ~:l~.ns ~~nd specific~.tions therefor hereto attach- : ed ~{nd `~.s on file ~tritYl the City Recorder of the said City of l~shl4nd at its office in ~shlund, Oregon, end in accordance ~:~rth such motlifict.tiorls of the s«me anc~ other direc- tions as r.~~~y be made by the '~ngirleer as ~:~rovided tYlerein. ~ , shut It is further ~gxeed th<{t s~~.id pl~~ns ~,Tls specifications sand the schedule of rates ur~c'. ~~rices ~.s set forth in the ~;roposal urld the gener~~l and special provisions ` appended to this coltract, ~:~re he-~~eby specifically referred to <tnd mad.;; a ~;urt of this contract, ~:~nd sh~.ll have tree s~..rrle force ~,rlci effect ~~s though all the sums Und ~~ro- visions thertiof .,,,,eri; fully inserted in this contract. 3. That the Cor1t7~~.ctors shell promptly, as due, ~1ake puymerlt to t.ll persons supplying to said Contractors l~~bor or ~~i~terir.ls for the prosecution of the ~~rork provid- ed fpr in this eontr~~ct, ~~.nd stLid contr~::ctors shall 11Jt pex°r.1it ~:iny lien ar clam to be filed or prosecuted ~.guinst the CITY for ar on _ ~~ecount of r ny labor or material Furnished i ~ 4. Th~.t it is condition of this contract, ~.rTCi agreed th~.~t leo person sY1a11 be employed for more then eight eours ire ~.ny one d~~y or forty-eight hours in any ore ~~~.reek, unless in case of emergency, ~flherl no ogler competent l~.bor is ~.vailuble, ~.nd in such c~~ses sucLL~ l~.borer or l<<borers sh4L11 be paid double z~Frages far all such overtime. 5. That it is condition of tYlis contr~.ct ~,r~d it is agreed that should the Con- tractors f~.il, neglect, ar refuse t~~ r~!r.i~e :rompt p<~y111ent of any claim for materiel, l~~bor or services ~.xirlished by ~~ny per~;on, fir111 or corpar~~tion in cor111ectior~ o~y~ith this contract, ~.s said cl~.im b:;cor~~~s dues ~Frhether for rluteri~::1 ar sex'vices furnished or per- formed far file Contractars~ or ~ sub--cor~tr~~ctor, tllerl ~unu in such event, the groper officez~s representing tree CIY may pay such cl~:ir~ to the 1~ersan, firm, or eorporu~ion entitled to receive the s~arae, ~_Tla_ chur~,~e the amount thereof against funds cue or to be- cOr.1e due a~:.I.C% C011tr~'.ctors b~,r ~'0~~a0r1 of thl~ Ga`lltx'~.Ct, flee payrlent of ~~11y such cl~.ims in th:~ r~arlner herein authorized si~.ll ,~.i.eve the Contractors of their sure- ties from his ar i?;s obligation ~,~Tith respect to any unpaid cl~.,in1s. 6. ~'r1e Contractors agree t~1at teey 1"rill ba solely responsible for ugly damage to or trespass upon ~-~dj~.cent pro;ert~r ar itljtilry tYlereto, resultin€ from. ar in connection Frith their operatioles, ~~nd that they ~~dill pay G~11 such damages. 7. That the Colltrai;tors shall at all tires, observe and comply ti^rith all Federal and State La~.~.~s ~~nd local or~din~~nces arl~a~ reg;ulG~tions in <_ny marlreer affecting the cori- duct of the ~~~rork, a.nd all such orders ar aecrees as exist at ~7reserrt anc those ti~hieh m~..y be recede or enuct~d Inter by bodies or tribun~.ls leaving any jurisdiction or authority over the l~rork, <~nc shell inc~.emnify a.nc~ save h<~rrcless the CITY, ~~rid all oats officers, agents, ~~nd servants against any cl~~im or liability arising or bused mn the violation of ~~ny such l~titi~r, ordinance, regulation, order or decree, ~~~~~~~'rlether by themselves or their emUlovees or sub-contractors.  1 V f ~_I s u~ 8. Thc:t if the Contractors fail to begin the ~rrork udder this contract ~~rithin the time specified, or foils to i~erfarm the ~~;°rork •~~,~ith sufficient ~~rork:nen or euuipment or :dry ~ruith sufficient materials to insure the ,.~~rompt completion o~" s~M1iii ~°.ror:~, or shu11 neglect or refuse to remove ~nateri~.ls or ~:erform r~ned~r such l~aork as shall ber°e jetted r~s aefactive or uns~.itable, ar shall Discontinue tYe Y~ros~;cutiori of the ~~.rorkm or if the Contr~..ctors sriall became insolvent or be ~i.eclared ban~~rupt, or shall comr~lit ~~~rly ~ et of b~rrltz=uptcy or insolvency, or r~llovr any final judgment to stan~. <<guirlst them uris~ltisfiec~ for period t., ' of forty-eight hours, or sYlall make arl ~.ssigrlrnerrt for tie benefit cf ez°ec~itors, or from any other cause ~,~rYratsoever, shall not carry on the ti~rark in an acceptable m~{nner, tY~ie ~,4~ engineer shall dive notice in ~~rriting to the Contractors ana their uurety or sureties of such delay beglect, or cYefault, specifying the s~~me, and if the Contractors ti~rithin a ~,r. r Thai n t > ~oceed in accordance there4~rith, then pez loo of l.,iV Dt~Ya Cafter such rrotlce, ~ o ~ 1 the CIiY sh~vll 'nave full po~~er ~.nd ~.utYlority ~~rithout violating this contract, to take the i7eosecutior. of the ~~°~ork out of the bonds of sr4id Contractors, ~~.rra to ~ppropriute or use any or all of the r:~~.~terials and eiuipment on tY~e ground th~.t may be suit«ble ~~nd acceptab~.e and may cause a contract for the completion of this contract anti said ~d~rork to be executed, or use such methods as in its opinion sh~w11 be reruirea for the completion of this contract in r~rr accer~table marlrrer. ~~.11 costs and ch~.rges incurr~;d by the CITY ~t- togetlrez~ ~~~~rith the costs of completing tale ~;°-pork under corrtr~~ct, shall be C~e~.ucted from ~.ny moneys clue it ~~rhich may become due said Contractors. Ire eG.se the expense so incurred by the CITY be less than the sum ~~rYrich ,Trould have been payable under the contract, if it had ~k. been completed by the Contractors hez~eunuer, then tyre sr.id Contractors shall be entitled to nil ' z~~eceive the difference and in case such expense shall exceed tYie sure ~~rhich T:rould hove been pay~~ble under tha contract, then the contr. ctors ~:nd the suz°ety ar sureties shall be liable for, and agree to ~~rla shall p4~~y the CITY the amount of said excess. The Contractors shall' not make ~Lny disposition of the ~lant, machinery, tools, appiiarrces, supplies, rnat~~ri~ils, ~ or ~~nimals used on car in connection ~~ritrr this ~~,~ork, either by sale, convey~~nce or encum- ~ brance, inconsistent 4vith tYle i~rovisions of th.~s contract. :.rid further, the contract may be cr=:ncelled ut tha election of the s~~id CITY for ~.ny ~~,~ilfull failure or refusal on the ~~~a port of the Contractors to f~:ithfully perform this contract t:~ccording to its terms and con- ditions. 9, That irl consi~.eration of the faithful Y~erforrlance of the ~:;ork rrai~ain rnebr~~ced ~tnd a provided. form and as sUt 'orth in the contract, gerler~l tn~ speci~~l i;roaaisions, notice to caritY'actorS, 1nStI'uctianS ~~0 bldderS, :IJY'0~)osal, geri(~rsl arld (let~~lied spe~lfiCati.Or1S, ~:nd plans ~~°rhich are a ps.rt 'rrar~of, in accordance ~~rith the directions of the engineer ~_nG to his satisfaction, the CITY agrees to is.y to s~~id Contractors the amount easrned by them under this contract, said <:mourrt to be coml;uted from the actual ,.quantities of ~~rork performed as s'~~ovm by the estimates of the '~ngirieer onto tyre unit prices names in such proposal, plus any amounts earned under tYie .leading of extra ~-rork acid r~iaterial as t;rovided in the specifi- c ~ cations, and to snake such payments in manner ~,nu. rt th,~ time ~~~rovided in tie general pro- visions her.°ato ~.nlrexed. 10. Th~.t all ~,~aymerits •~~;ill be mode in accordance ~,~ith the regulations of the CITY in reg~.rd to the ~~ayrnert of cl~:irns, ~,~rhich ziegul~1tions z.~rovide that all cl~~.ims against the CITY shall be subrnitt~e. to the Common Council u~orr vouchers, ~~.rld, upon artier of the council, ~ ~ a th n b such voucher sha11 be approved ~y the rlnance Committee of said council, ~ na sh 11 e e filed U~ith the City Recorder, ~~°~ho sh~.ll ~rati~r ~rrarz°ants in -~~a~,Tr~(;rrt thereof, the s~~id y~rarr~.nts shaA.11 be p<~iu ~~~ithout discount upon ;~reserit~ttion, out c~' funds in tyre ~~'ater Corrstr°uction Fund. 11. ghat it is understood ghat it will, in the mutter of h~~~uling tnat;ri~.ls to the construction site, Yre necessary to tr~~nsport s~.id r_~aterials over tree stre(;ts of the CITY, and the Contractors agree that any :nd ~~11 d~.mage done by their. agents, scrvr~.nts, em1.;loyees, or subcontractors by re~:son of hauling a«id :ra.teria{ls over the streets oi' said CITY sh~.ll be promptly repaired, ~rld s<<id Contractcrs ~;.greF~ to save the sr;iu CITY h~{rmless by re~:son of d~::rnage or destruction of streets in s~:,id city c~~use~~ by i;heir operations. ' 1~. "'hat if, ut any stage o~^ thy; construction, the ngineer sYrould be cf ±he opinion y that the construction of s~~id Reeder Gulch Dam is irlpr~Actic~.ble or unsafe, due to geolog,ieal conditions, the CTTY shall Yrave the option of decl~~.ring this contract at ~~rl end, end there- upon sha11 ~,z'omptly pay unto the Contractors tie ~~mount e~.rned 'ay them up ~to fi:he time of such cancellation ~.t the unit pace rnerrtioned in the sy~,cific~.tions anti bid, together frith re~{sona~le sum to be r~~utu~tlly agree: upon to fully cover the corltr~:ctor's expense in placing ec,uiprnerlt and materials on the site,..nu ih removing tYie same, 13. What the Contractors shy{11 ,.°Tithin ~I~i ~1LYS from the a~~te he~~~oof furnish a bo.~d ~~s set forth in s.t~.i°~ :°~.ph rlve of try„ ~l:~~i.~1c~.tiorrs in the l,enul purr of not ~es~ '~~~;.~1 "i~~z~Y a:~~~FJ~ iiOL~ShdD FI`1~ 'rYLbDR:~v ZUi,:;~tI~S (~E~7,500.OC} canc~i~;ioned upon the faithful performance of this contract upon tie part of the COv~'R~CTORS of all coverr~rrts ~.r~d stipu- lotions herein, all in accordance ~r~rith the pl~.ns ~:nc sp =c~i'ications urine~Led he~ato. IN u"1ITT3~SS 1~`~I~ROF, the saia City of lshland, pursu~:nt to resolution of its Comrr~on Council Duly and reeul~~rly adopted has caused this contrast to be executed for <<r1a in it's be-:~~lf by its Y:~AY4R and CITY RFCORDFP~, an~~ the corporate seal of said City to be hereunto affixed on t:lis the i~ th gay of hpri~, x.928, and at the same time the said CnY~al`R~.CTORS have subscribed theirs names h 1reto. ~C:~ecuted in duplicate. Executed in presence of CILY OF ~'SYx'~.l' (Signed) ~Vm. Y:~. Briggs ) ( By (Signed) J.Fdt-r. Thornton, ~.:~:YUR ' ) as to (Signed) hrnest t~Yoo(~s ) ( CITY U~~ ~`~.5~ L1":~~~~, ( By (Signed) Gertrude Biede, ~Cv~LFR  Pi` R?~R SCITr T; CO. Frank Henepacker ) ( By Signed.) Ch .s. T. D..rker R. W. Crouin ) as to ~.n by (Signed) C. i. Suhram r. co-partnership (Signed) J. C. Compton. 303 Ba~a~ I+'OR I'-~::~a~~~.~.~~C ~ c{F ~ol1~R~CT. j ~~d0`' NBZ ~,,r~t'J BY T~fi~Sr PROS ~~~TS, that "re, P.Rfi~R SCNR~~~ri Cu. (r. co-partnership composed of Ch s. T. Parker, `-Yld C. ~"i. Schr4~m) ~xia. J. C. Compton, heroin designated rs the I'RII~CIrnZS, and Ta~~~ ';~TP.OPCZIT~Td C~~~.SU~LTY IuSUI~~TbCF C01~~'.',Ii~Y OF T~i YORE, a corpor~:tion of ~ey~ York, authorised arlc;. empowered to transact curet`, buaiYless in the ST~':T'~ OF CR~GO~, us SL'FuTY, are held and. firmly bound unto the CITY OF : S~~:TdD: lle~ ein~~ftez° design~:~ted as the i'CITY", in the sum of SIl TY S.a'JF~~ 'l~iOUS~l~ I~IT~ ~_L~ll~,h~D ~0:~.~r:~tS (67,50U.00) for the payment where- ~ of the PRII~sCIP.~.LS ~i~~D SL~RFTY bind themselves, heir ~~leirs, executors a~.dministru~~rs, successors and ~.ssigns, jointly czYYd severally, firr~lly by these presents. ~,~II~~~~~~5, the PJt~I~SCIPhBS have, by r~ne~ns of a ~.~ritten ~~greement dated r~l~ril 5th, 19 t3, entex ed into c ontx pct with i,ne ~ IlY for the construction of sY~~~t is ~.notim ~.s the R:a,a~~R GLrLCu .~1~;~ in 1~shl~.nd Cree~~ ~~.nyon, near the City of '~shla.nd, Jueksan County, Oregon, a copy of ~~~rhich agreement is he~~eto attached, Yie~~eby referx°ed to and mode port hereof,- ~10~'l TH~R~FOR'~, the condition of this obligation is such that if the I~~IrCIPi~I,S shall fait'r~fully perform the s~l.ii~ contr~~ct on (heir part, according to the terms thereof, and shall fully indemnify and save harmless the said City from alI cost ~..Yld darr~age which it may duffer by reason of failure to ~~erform each ~~nd x.11 of the conditions of said contract, G.nd shall fait~lfully and fully reimburse and rep~Ay the CITY all outlay and expense v;~hich the said. CITY may incur in ricking good any such default, ~hnd shall pay all persons ti~rho have contri.~cts S~~rith tale said I'Rli~~i~U.ls, aYid shall pay all ageYits ~.nd parsons, firms ax' corpora- G tions, and sub-contr«ctors for 1L.bor or rnr:~t ~ari«ls, t~~ien this obli~a-.tion shall be null L.hnd void, oterlR~ise it shall be ~.Y~c~ remain in znu11 force and effect, ~:nd irunedia~tely payable. I'F'0~'ID~J, ho ~:rever, that na suit, action or ~~roceeding by reason of any defa4ult ~~~hr.~tsa- _ ever shall be brought on this bond after T'~t'~LV ~ ?4Rt;Tb`y~tiS from the day ors Tx~~hieh the final pay- A ~ ~ r; C~ ~ y r r. 1 ~ r r m.,nt under the c,ontr<<ct f~ll~ due, ~~nd ~~ROtiriD~D, the+.t any ~~lterations ~~~hich may be made in the terms of the contract, ox' in the ~:STork to be done under it, or the giving by the CITY of any extension of time for the l~erforma..nce of tale contract, or any part thereof, or any other farbeara{nce on the ~~~~rt of either the CITY or the ~'RI~uCIPAZa, to the other, shall not ' t' xecutors, in any ~°aay release the PRIi~?CII'LS ~:na the ~UR~,TY, or eit~er of them, Heir heirs, e ~ administr~~~tars, successors or ~.ssigns from their liability hereunder,- notice to the SUI~~TY or SL'R~aaTIFS of ~~ny such alteration, extension or forbearance beir~~ hereby vraived. Signed and sealed this 7th day of npril, 13WS. xecuted in preseYice of P.I't~~R SCHR~~.~,~I CO. , (Signed) Frank Senepaeker) ) ass to By (Signed) Chas. T. Parker F (SigY~cd} R. Crouin ) and By (Signed) C . i~. Schram (Signed} J. C . Compton Principals. r'~in i.~TY?OPOLI~1T`~ C:SLr1R~I,T1' I~SURr.P3CF COa.'~'.NY OF TlF'~"~r YGRIf B~ (Signed) Fred Schliek :attorney in fact ~:nd By ;Signed} ,john ~cGo~,~ran :attorney in fact. CouY~tersigYYed apt Po7:~tla~nd, O~re~;on, i;his 7th day of 1`~~~pril, 19,8. i~R-:D i,. SC~~LICL CU. ~~'on. Res. .~.gt. By G. Th~,~_tOc+her 1~'.s Srlt ~ecty• ~ ------000----- The council next ~;~raeeeeea to conwider ~ resolution eYltitled ''Resolution authorizing and f:~irectiYYg the :uyar ~.n' ~~:ecorder of the City of ~:siil~ nd: J~{c%~son County, Oregon, to execute on beha~.lf o~' the said city that cert~air~ contract ~,~rith the I'ar~~.er-Schr<<m Co. a.nd J. v. Compton, dated ~'iprii 5th, 19w8, ~.~nd being for th<, constx'uetion of ghat is ~~rno~m 4s r ~ ~ ~ ~ ~ ~ ' t:he rules lie 'Reeder gulch n.'~ ~he resolution r~~vin~ b ret:~d the fix~t ~irne, ~nl:riotion, aun, unc~ r~~qv r ~~erca~ _ , , u ~ ~ 1 a loYl as passed to lt~ ,~~,coY~~ zap{~.ln~, s~..,ne to bF;, title only. tiv xe sus ~eYlc~ed'~,riu. nc r- sod ~ r'' T 'Tavill~ been recta the second time, x oll call Uras ordered on its ~.doption. uQUrcilrnan Bergner stated that ale ~~rould vote ~aga~inst tills resolution for the s~.r~e reason that he voted a~ga:inst the }receding one. The vote .<<~s as folloi~rs : .yes l~a~y, ?'eters: 'k~'hite, '.'loads; nay- Bergner. The ~ eupon the iayar decl<~r~;d the resolution adopted. The ~b~ayor stated that he ~°~ould. sigY1 ~:he .contract o~r~riYlg to the fact th~~t rn~~ jority ~ ~ r ~-tied of the Council hid voted to construct the b ~t he ~°~~as doing so Qf the t~.xp~~yer,~ ~~~1~ d~r.m, ut thu ug~inst ~iis better judgr~leYit ~'or i:e did not t'~ink it good policy to place this debt on the City`"at the ?~~resent time.  Tile ?'yor -xid 'Pecorder then signed the resolutions aild the contract. The council next proceded to consider an ordinance entitled "Ordinance levying special benefit asses sm- eAnts against property benefited by the construction of a sel.fer in `'Sewer Dist. TTo. 29-in the City of AshlPInd, Oregon." The ordinance having been read, on motion, the rules were suspended, two-thirds voting in favor they.eof, and the ordinance was passed to the second reading. r=aving been read the second time, boll call was ordered on its adoption. The vote was as follou-s :.Ayes- erg± er, 4 , Peters, Vjfhite, Woods; nays -lone. Thereupon the Mayor declared City Ordinance No. ~1~~2 adopted. ~,a - - t 1 ~ x; ?s'oved by 'aoo: s secon~.ed by ~'~~.y th~~t x.11 bids received ~'or fur'nisrlin~ t?~e derlent be y rejeci:,ed. Carried. l is"oved by '~oous ~ucon~.ed by .;~"rlite tli~~t -,n~i.~l;or ~ill~~rd be ~.~ut~-~oz~izod to -l~~'c,l<:.se cement from the .~'ortw~~rld :~euver Cer~lent Cor~l~u.ny, on 0.~, of ~~le ~'':~nyor, ~r•ovided the ~;rice ~ v ~ cv r~> > r 'i. e r ~ ~ ~ , ~ i~ not ~li~her t~'lurl the lo-;~~~~t bid ~~d~;ived for ce~1;,~1~, < Yl{.~. trl: t ~~rl~ ~e::i~;r.u be Sr11~;ped by r Y' tE,Y~, 'x x'~;._'.. ~tl~) VUte ~ fC1lU~'rS : 1`yeS B81'g't2Gx', ':cy, ,tip ' ~F 11t0 `~`i~0 ' ~ , rU71e Carried. ;:oved by Y!'lliite s~~~canded by `~~ooc~.s tllut C. i~~itclr.ll, gyred ?veil «nu. a.i. S~louuy are ~lez~eby appointea ws ~ Loard of Vie~,~Ters to detor.~line tree speci~~l berlofits ~*ccruir~g to any tract of p~~rcel of lend affected by tho OUnstrucj;larr oz' av;'rer oil _`urrison Strut ~nrom the manhole at tle irlters~;ction of Iodra ~jnc~ ~it~rrisoll Streets, south orl said i?~~x'rison Street to ''Y't ana tllut file City ~ecordel• ~~ive due notice of tre ~..~~poirltr~lent of s~~ia Bo~.rd, ~~.s required by rdinance ~o. 247.'' Carried. The council 11e1~t proceeded to donsider 4~ resolution entitled " ~tesolutian ordering t~lo corltx~uctiols of a se1~~~~or in c,~hut is he~~°ein described as Seva~er ~istrict,Tlo. ~0, in the City of ~~.shl~~nc~, Oregon." The resolution having; beer: re<a the :first time, on notion, the a rules gore suspended, give voting in favor thex°eof, ~~nc~ the resolution ae"cis p~.ssed to the second reading. i~avirlg been read the second time, roll call liras ordered on its udop ion. The vote ~~~~~s ~.s follo~,~s: .yes Bergner, ~~~ty, Peters, 'elite, '.'loons; days none. Thel'eupon the ~~~~~uyor declared the resolution ~~aopted. A; ~~oved by '~~~'hite seconded by ~oooc_s th~~t the ~~'t~wter Department be instructe~~ to ~;roceed ~~vith the dor~struction of :~4..id se~~~er and the City rlgineer be ins+~aucted to st~.ke it out. Curried. ~:Tove;d by ~3eY°~rner secorldea 'ray '~~oads that the ~~~:ttex' of ~~ublishing the ~ esolution declaring the policied and ~~luns of the Council ~~~rith ~:eference to the construction of a reservoir in ~tshland Creep Canyon, in one issue of the p~.pex', be left to a,'_r. '~~~hite Frith po-k.~er to ~~ct. Carried. :''oved by ~'~hite second.ec_ by ~~ay that the ~~uyor be recuested to issue a praclam«tion setting aside r C1eu11-Up vreek, {nd notifying; ~:.roperty oL~ners to cle~~n- u~~ ~ t their o~~rn expense. C~.rried. The ~~~.yor st~.ted tht~t D. Perazzi had offered to give the City 100 yards of gr<<nite to be used us a binder for the 'r~~cadatn pavement irl front of tale Formal "drool. I~~oved by Bergner seconded by ri~~y that I,~r. PeY'ozzi's offer be acdepted ~~rld the 1r~a~Tor authorized to ~nrox'k Frith the departr~~,nts to h~.ve the granite rls.uled ~~rithout ally extr~~ expense. Caarried. On motion, the council <<djourned subject to cell. , r, ~ ~ ~ ; l~ M I.a yo r Attest; P.ecorder. tj' .snl~.na, Oregon, 1`.p°il l7, 1~.~~. ' ~~'he Council ;ref in ~~e~u'~:,r session ~.t '7:x;0 o'clock on ~~Ylis ~~.te. re~dnt ~<<'c:yUl' hUY'ntOrl; Caur1d11meI1 Tr~iy, ~'etdx's, a,'hite, ''~'`OOds; ~b'~t'rlt Uergllr;x'. '-r1t1L1teS V 1.' e a.,, ~ ~ .y. }'~7 ~ c ~:~T1?` ~ C th t,x „vious ~~1~ :,tiny; : e~ ~ re~~~:. z~nu. ui;~xoved as re~.a. ~~ourlcilmun a:uy reported th~~t the lighting systerl on the ~oulev~~Y'd r.~s been corl~~leted and statod tr1Ut tale electric t1ep..r•t;-AIVnt is -~lo~ re to ir~stull ne~~r lights on orth ~`~in tre~;t. On motion of ray seconded by r'et9rs the matter of disposing of a sr:~all building on rourth Stre t, o~..n;d by the City, ;eras referree~ to the F,e~:lty Committee ~~.it~l po~:~or to ~.ct. ripe matter of selling ce:.letery lots under the perpetual up-Weep pl~.n ,^r~~~s referred to the Cemetery Committee ~<<rith instructions to fina out ~~~~hat is being, c~olle in other cities. after some discussion it ;~r~~s moved by y'Jhite seconded by ?`etex~s treat the city grunt ~.?rs. ~~obt. Casey, i~:~'s. L.H. Le~zer urea ~~'rs. B. Orton free ~~~rater ~~nd free lights amounting to X1.00 per Y~onth. C~.rried The r~attdr of c~~ring for the paring ;;tx'ip on the Loulevurd •,ru.s discuss:,d. On motion, ~~~~r. 1~,~~.;lane `~T~ s authorized to buy fe: tilizer far saic strip. Councilman '~~iite reported teat the l.shl~~nd ~:~;egister h~.d Ggx~eed to publish the F~esol- utian ~ecl~:ring the policies ~~nd pl~.rls ~~f the Com~aon Council for S~~O.UO. fir. I~crlone tirras authorized to G~ccompuny ;'r. H~. rlun to Portland toy ih~restigc.te the  reculrements zeearaing 4lr pores. J~~.ckson ad,.ressed the council protesting- ~-ainst the charge for dumpinpZ at the dump ground. v ~ad the Council reg~ riling the tt his salary. He stated Engineer Dillard aares,7 qc er of th«t he expected to split his time between ~.shl~:nc ancz i; edford and ssked that lie be allowed X45.00 or 1,50.00 ter month car mileage. He also requested thLA the City furnish a light delivery car to be used on the dam project. r'he IRLyor referred the mc-Ater of