HomeMy WebLinkAbout1964-08-18; City Council; Minutesb
I I CITY OF CARLSBAD I Minutes of: CITY COufiTCIL (Regular Meeting): ', 'A, 8 ', * '. ", \,. : Date of Meeting: August 1$, 1361, i N a me '., 't@ ',, 8:
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i Time of Meeting: 7:OO P.X. 4 of %+\a' ' : Place of Mee+,i.ng: Council Chambers ! I Member \$J'@$ 'Q!&, 2.
~~"""""""""""""""""""""""""~"-"--""-""""~""---"-""-"-:--~- ; ROLL CALL was answered by Cmncilmen Dame, I '4 I I ::: I Neiswender, Jardine and Hughes. Covmcilman At.- i i::
I ger Mamaux, City Attorney Wilson and City Clerk ; ;:: I Adams I
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I i:: i INVOCATION was ozfered by Councilman Jardine, I :::
I ::; IALLEGIANCE to the Flag was given. I I ::; I I::
! APPROVAL OF X11JUTES: I :::
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i 4, 1964 were approved as corrected. ; Neiswendeq ; i
I i Jardine ; :x:
I : Hughes 11:
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!Chamber of C.ommerce, and would like to extend an { ::: :invitation t6 all the city officials and.employee$ :;;
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0 i kinson was absent, Also preseat were City Mana- i ;::
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I I I I (a) Einutes of the regular meeting of AugustiDunne +! :
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i CORRESPONDENCE : ! !:;
!There was no written correspondence presented. i
i ORAL COMNI-JNICATIONS: * i::
:MR. DON DUNHAM, stated he was representing the i 1:: I:;
!to attend the Rexican-American Picnic on Sunday, i I:: :August 23, 1964, at Holiday Park, as they would i 1:: j:: i like to have Carlsbad well represented. I ;:: I 1':
!PUBLIC HEARINGS: 7:30 P.N. I I ;i: 11
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I I * i): i (a) (Continued) Resolution of Intention #48 of i ;*: ;:: :the Planning Commission to consider an amendment i 11 t;; b)(21 of Ordin- : !;;
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I 1. Report from Councilmen Atkinson and Dunn4. :::
I @ I ::: !Councilman Dunne stated he had met with Cmn. At- i :;: :kinson and the City Attorney. The present ordin-: ::: I::
Iance restricts the keeping of horses on any pro- i ::: :pel*ty less than 10,000 sq. feet , The committee : :;;
jfelt the amount of land owned by any one person i ::; :that is adjacent should be the criteria; that - : ::; ::;
jl0,OOO sq. feet be provided for one horse; that i ::: :such horse-wybe kept only if it is fenced and : ::: istabled so tliat at no time is it able to graze, i i:: :stray or roam closer than 50 feet to any building! 1:: $I jused for habitation other than buildings on said ;
:than 40 feet. i:: 8 1: 1
1 ! !I1 $mn. Hughes asked Dr. Fairchild if he felt this i 1;; ::I !proposed ordinance was fair. I :;~ I :;;
:Dr. Fairchild stated he felt this was very fair i i:~ *:: jconsideration in this matter. I I :I;
!After further consideration, by motion of the : Dunne I' ; :x :Council the proposed ordinance was referred to thd Neiswenderf : :Planning Commission for study and report back to I Jardine !xi ithe Council. : Hughes ; :
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:(b) Resolution of Intention #50, to consider a I ;: :zone change from Zone R-1 to Zone R-P on property i 1: :located on the southwest corner of Jefferson and ; :;
:I :Arbuckle Street e I ;:
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!to subsections (6)(b)(1) and (6)( iance #9060, regarding the keeping of horses,
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:lot or lots, and as to those buildings, no closer I ::/
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:de,i;ermination, and thanked the Council for their : ::~
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:The Council was informed of the ac$ion taken by i ::: 0 :the Planning Commission. A plat of the area sur-: (*I ::; !rounding Arbuckle Place, between Jefferson Street! ::: :and Madison Street was presented. It was pointed: I*I !out that Mr Baird, who owns property located at i :the southwest corner of Jefferson Street and Ar- : :I:
!buckle Place, applied for reclassification of his! ::: jproperty from Zone R-1 to Zone R-P. At the time : :I1 I:: ;of hearing before the Planning Commission, the i :::
1 :Planning Gommislsion adopted a ResoluGion of Jn- i 1:; I :tention to consider rezoning all the property on i 4; '81 :both sides of Arbuckle Place, due to the fact I I ::: ithere is R-P zoning ad joining each side. Howeveri ::; :at the time of the hearing on the Resolution of : ::; ::; !Intention, the Plannipg Commission voted to re- i ::I :commend zoning just the Baird property, as Ar-. t i :*; :buckle Place needs to be widened and there is no : ii: jindication that the property owners other than Mr.! 1::
:Baird will grant additional street width.
:The Clerk certified as to-proper notice having I ::: !been given, and that no written correspondence ha4 !I: :been received. 'I i:i
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I 1 *e: :The Mayor declared the public hearing open and i ;I1 jstated the Council would now hear from all person? ;::
((1 :wishing to speak in favor of the proposed reclas-: 1:: i:: isification. I I Ill
!There were no persons desiring to speak, I!:
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;The Mayor announced the Council would now hear i i:: :from all persons desiring to speak in opposition : 1:; i:: :to the proposed reclassification. t I ;:: * 1::
!As there were no persons desiring to speak, the i :;: NayordRclared the hearing closed at 7:34 P.M. I i:;
I I i:: :After consideration by the Council, the following: 1:: iresolution was presented : ::I
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I f:: :Resolution No. 106b. A RESOLUTION OF THE CITY i :;; :COUNCIL OF THE CITY OF CARLSBAD ANNOUNCING FIND- I :::
~INGS AND DECISION REGARDIRG CHANGE OF ZONE CLAS- bunne
;'I : :G :SIFICATION OF CERTAIN DESIGNATED PROPERTY IN THE Peiswender : 'I ; 5 :CITY OF CARLSBAD FRON ZONE R-1 to ZONE R-P, was ;Jardine !xi /
!adopted by title only and further reading waived. Pughes
!'The following ordinance was presented for a first { I;; !reading : I I :;I
:Ordinance No. 9172. AN ORDINANCE OF THE CITY OF ! iCARLSBAD ANENDING ORDINANCE NO. 9060, CHANGING I Dunne :CERTAIN DESIGNATED PROPERTY FRON ZONE R-1 TO ZONE : Neiswendeq ' * @-P, was given a first reading by title only and i Jardine ; i ! :further reading waived. i Hughes i \xi
:PLANNING : ::I
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I( ) Planning Commission - re: Keeping of m5ma~s I ::I : a -11 ."" 1 ::i 3-1 Zone. The Council was informed this matter ; 841 $ill be brought up under New Business on the agenda. ::;
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!(a) Resolution #l062, changing the Fulzineer of I I I ;I, 1: I pork for A.D. #2-1062 .(Harding S+,.me?-k), 1911 Act i I* :Proceedings. a I It ;:
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:The Council was informed due to the fact the pre-i :sent City Engineer is leaving, it will be neces- : ::; jsary to appoint a new Engineer of Work on the two I ::: :1911 Act Assessment District projects. The fol- $ i:: \lowing resolution was presented I '1: ! !!;
f ~RewluGion " fLU62, A,R838LUTIOM OF THE CITY (;OUMGIiQu.nne \ I :J
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:OF THE CITY OF CARLSBAD) CHANGING THE ENGINEER OF jNeiswender i i i: !WORK, Assessment District; No, 2-1962,. was 'adopted :Jardine ix :: !by title only and further reading waived. !Hughes * :A
I { b) Resolution 21063, changing the Engineer of i ;:: !Work for Assessment DisGict #1-1963, l9ll Act : 1:: :Proceedings- " Hemlock Avenue. The following reso-i ::: :JI jlution was presented: t 1';
:Resolution #1063. A RESOLUTION OF THE CITY COUNCIdDunne '0: ;I1
:OF THE CITY OF CARLSBAD, CHANGING THE ENGINEE,ZZ OF jldeiswender I i ! 1:::
:WORK, Assessment District No. 1-1963, was adopted :Jardine ! : x :by title only and further reading waived. :Hughes :xi ;
!( I c) .&solution GO65 j concerning need for four- i 4;
;lane width undercrossing at Cannon Road and 101 : !:: :Freeway. In order for the State Division of High: :at
:ways to justify an over-crossing at Cannon Road, I 1:: ithey have requested the City of Carlsbad to adopt; ;I4 1'; :a resolution stating the need for an over-pass at ; :!I :Cannon Road interchange. However, this could onl? 11: ::: :be accomplished providing the City agree to a 1 I ::: ifour-lane road through the interchange at Cannon i ::f
:Road and Interstate Highway V through Carlsbad. 1 i::
I 8:; \The following resolution was presented: I I '*I
bolution No 1C65. A RESOLUTION OF THE CITY i ;:: ::: :COUmIL OF THE CITY OF CARLSBAD, DECLARING NEED : Dunne ;:: POR FOUR-LANE WIDTH OF CANNON ROAD AT U. S. HIGH- i Neiswende; I 1 :WAY 101, was adopted by title only and further : Jardine ; :? :reading waived . i Hughes ?c *a- i i
! j(d) Acceytance of work and materials and Notice ofi !"
Completion - Unit #l, Joint - Sewer Proeject The i :: Fi%ta SanitatiZBoard has accepted the work and : haterials and have executed the Notice of Comple- i $ion for Unit #I on the Joint Sewer Project. The : t1 I' vity of Carlsbad must also accept the work and : ;: I' pmterials and authorize the execution of the Notick ;: pf Completion for this project. I 1: I :I
py motion of the Council acceptance of the work : Dunne ;: I@ gnd materials was given and authorization was : Neiswendep i given for the execution of the Motice of Completiob Jardine ~i for Unit #1 on the Joint Sewer Project. : Hughes ; :x
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:(a) Approval of Final Budget for fiscal year 1964-i :;
!& The City Manager presented the final budget : I! :for the fiscal year 1964-65. It was pointed out ; 41 ': ithis budget Contemplates a 10$ tax reduction in ; :a I: :Sewer District #2 1 I :' I I' I I IS
!The Mayor and members of the Council comnended the: :City Manager and members of the staff in the pre- ;
By motion of the Council approval cf the final budTDunne :I :get for the fiscal year 196&-65 was given as sub+ i.Neiswende2 i
bitted. : Jardine : h
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*I 0 ;paration of the budget.
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1 I 1 :""""-~"""""""""""""""-"""""""""""""""""'. i(b) Ordinance #logo, fixing the amount of revenue: :from property taxes for expenditures of the city. i, :The following ordinGce was presented for adoptior) !
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I'! I 1 Ordinance jf1090. AN ORDINANCE OF TBE CITY OF CARL$- ::;
!BAD FIXING THE AMOUNT OF REVENUE FROM PROPERTY : I:; \TAXES NECESSARY TO SUPPORT THE DEPART1VIENTS OF THE: ;;; :CITY OF CARLSBAD AND FIXING THE AMOUNT OF REVENUE i ::: :FROM PROPERTY TAXES NECESSARY TO PAY THE BONDED IDunne : : :. :INDEBTEDNESS OF THE "CITY OF CARLSBAD SEWER DIS- :Neiswender i : :: :::
ITRICT NO. 2" FOR THE FISCAL YEAR 1964-65 was i Jardine :xi :: I adopted . :Hughes : 3;
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;:I i(c) Ordinance #l09l, setting the tax rate. The i ;I:
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;foll=ng ordinance was presented for adoption: t ;'I
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!Ordinance #1091. AN ORDINANCE OF THE CITY OF $urine !:I iCARLS3AD SETTING THE TAX RATE FOR THE CITY OF :Neiswender! : : 81
iCARLSBAD AND THE "CITY OF CARLSBAD SEWER DISTRICT !Jardine :xi i /NO. 2'1 FOR THE FISCAL YEAR 1964-65, was adopted. !Hughes : ;; * I ! )*I !tl
i(d) Resolution #1061, adopting the salary plan. i :The Council was informed thi-s salary plan is re- : Iflected in the budget previously present;ed. The I :following resolution was presented: !
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I t !Resolution No. 1061. A RESOLUTION OF THE CITY i
iCOUNCIL OF THE CITY OF CARLSBAD, ADOPTING THE :Dunne ! kr :I'
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:SALARY PLAN AND WORK CONDITIONS'FOR THE CITY OF INeiswender: : ; :CARLSBAD FOR THE 1964-65 FISCAL YEAR, was adopted :Jardine ; '1 : 1 I :by title only and further reading waived. :Hughes
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I iNEW BUSINESS :
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i (a) First reading of Ordinance #3069, regardin :nuisance and the keeping of animals. The City' i !Attorney informed the Council this ordinance is 1
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:being presented at the request of the Planning ! !Commission. Due to the difficulty involved in a i !recent situation regarding the keeping of horses : :on Yourell Avenue, they asked that the Council j . :consider adopting an ordinance making it a mis- : :demeanor to keep animals within the city limits i jin such a manner that they cause odor or noise to: :the disturbance of surrounding property owners. i ! I
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I I I :Cm. Jardine inquired as to how this ordinance I ;:
jwould be enforced? I :: I I1 I ;;
[The City Attorney stated a complaint would have t$ 1: Ibe filed, and then it would be up to the Judge : ;I I'
jafter the hearing has been held. I!
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!The following ordinance was presented for a first i :: :reading: I :;
:Ordinance No, 3069. AN ORDINANCE MAKING UNLAWFUL i Dunne 1: :x ;
!THE KEEPING OF ANIMALS THAT CAUSE OFFENSIVE ODOR i NeiswendeG : !OR NOISE, was given: a Tim% !reading by title only :Jardine : !x :and further reading waived. !Hughes II
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I i: i(b) First amendment to Basic Agreement enlarging i ;: !the Vista Service Area. The City Nanager inform- ; ;: :ed the Council this agreement would allow Vista I ;: 0 :to annex land that was not a part of the service ; 1: ::
:area in the original agreement and to allow them : :; jto pump from one basin to another basin, which 1
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:must be agreed upon by all parties. I ::
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I '11 !By motion of the Council the First Amendment to 1 I ::;
;the Basic Apeernent between Vista Sanitaticp Dis-1 f Dune :I;
!!I i trict and t e City of Carlsbad was approve and i Neiswender; I ! ; authorization given for the Mayor to execute the : Jardine $ I ; I agreement on behalf ef the City of Carlsbad. j Hughes 1 :xi ::I
;@I i (c) Resolution #1066, in support ef Proposition i It; :No. 15, repealing the unregulated subscription ; ;:I i PAY-TV monyly. This resolution is in support efi I:;
1:; ;Proposition No. 15, repealing the unregulated sub+ :#~ i scription for PAY-TV rnonoply. I ii:
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I I I! I !The following resolution was presented for consid; : eration : I
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!Resolution #1066. A RESOLUTION OF THE CITY COUN-I i CIL OF THE CITY OF CARLSBAD DECLARING ITS SUPPORT'iDunne 1: :OF PROPOSITION 15 ON THE NOVENBER BALLOT REGARD- :Neiswender; i? l iingPAY-TV, was adspted by title only and further !Jardine : : :reading waived. i Hughes ib
I ;I i OLD BUSINESS : I ': I ::
:(a) Second reading of Ordinance #3067, regarding I :: :parking of vehicles upon streets and alleys: .The : :: :; :following ordinance was presented for a second i :; ; reading: 1 :; * ! It
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!Ordinance #3067'. AN ORDINANCE OF THE CITY OF 4 1 ;;
:CARLSBAD AMENDING SECTION 56 OF ORDINANCE NO. 300$hnne ;I :k :REGARDING PARKING OF VEHICLES UPON STREETS AND :Neiswender: * !ALLEYS, was given a second reading by title mly :Jardine ;; ,x: :and adopted. :Hughes ::
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i (b) Second reading of Ordinance #5037, regarding I ::
;weed and trash abatement. The following ordinanc4 :a ;: !was presented for a second reading: 4 ;:
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I ? I! I :Ordinance #5037. AN ORDINANCE OF THE CITY OF I I' iDunne 10
:CARLSBAD AMENDING CERTAIN SECTIONS OF ORDINANCE NQNeiswender i ; 3010-A, REGARDING WEED AND TRASH ABATEMENT, was :Jardine :x:
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igiven a second reading by title only and adopted,. !Hughes i' 1: I :! I
:( c) Second reading of Ordinance #6035, regarding ! ;:
icardrooms. The following ordinance was presented i 1;
:for a second reading: I 1;
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:Ordinance No. 6035. AN ORDINANCE OF THE CITY OF iDunne 1 :. iCARLSBAD APdiENDING CERTAIN SECTIONS OF ORDINANCE INeiswender : ; : ;J
:NO. 6015 - RE: CARDROOMS, was given a second readjJardine !x! iing by title only and adopted. ;Hughes i;
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iCmn. Dunne inquired as to another person applying: ;: lfor a license, in the event the present operator : ;: iforfeitured his license. Cmn. Dunne was informed i ;: ': jthis would allow another person to apply if the : :; :present operator forfeitured his license. I :; I ::
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!CITY ATTORNEY t s REPORT :
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t :Encroachment on city property. The new Geyer Of- i :fice Building located at Elm Avenue and Madison i !Street is encroaching upon city right-of-way 6" ! Iinches. In discussion this matter with the Engi- i 0 :neering Department there seems to be sufficient : !right-of-way on Madison Street even with this 6" I :encroachment. If the Council wishes an encroach- ; @ent agreement can be drafted and presented for i :the Council's consideration at the next Council : jmeeting. I I
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b 1 ."""""""""""""""""""""""""*""""""""""""."""""""",""" i3y motion of t3e Council the CiYf Attorney was iniDu.me i;; '!i 0 lstructed to draft an encroachment agreerneni; for INeiswender! ; ::
{the benefit of the city and Mr. Geyer, for consid+Jardine :x: i:
:er-ation at the next Council rneeking. $Ugh€?S ' k!:
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iSewer plant site condemnation suit e The pleading4 ._ i::
I" :for the Schuylcr pmperty ham been amended to : 1::
:subztitu"?.e the exzcutor's names) sincz the death i ::: ::; i of Mrs. Schuyle-r. Mr. Sheldon and Mr. Honick, wh? 1:: iare also named in the suit want access to their : I:: :property for f:l-tlxe development However, due to i ;I:
:the work load in the Engineering Department) they : ':: ::: /are unable to assist in this project at the pre- i!. ::; :sent time, 2p.d have requested the property owners : :::
:to bring in their proposal for access. ;I1
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! CITY MANA.GER * S REPORT : v !
1 I I I t I !Easement - Joint Sewer Pro,ject. An easement was I jobtained across the Paul Ecke Ranch for the Joint: :Sewer Project. When the Engineers checked this i
!easement they found that a water line owned by ! :Mr. Ecke ran through this easement. As this watet !line had been overlooked at the time of the ease-:
:merit, it will necessitate having it relocated. b ~Yz. Ecke is willing to share l/3 of the cost of i :relocating the line, providing the city and the : :Vista Sanitation District will share 2/3rds of the !cost in accordance with their proportionate shared :Work Order #lo27 has been submitted by the SpeciaJ :Districts Office, for the Councilfs approval. I 1
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:By motion of the Council it was agreed that Work iDunne i; :; :Order No, 1027 be approved as submitted. iNeiswender i :
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!Widening of Highway 101. Cmn. Jardine stated thaj i he and the Mayor were very concernEd over the red3
i taken place on Highway 101. He would like to re- i
!quest this Council to adopt a resolution to ex- ; ipedite the widening of Highway 101, and that :copies of the resolution be sent to the appropri-/ :ate agencies of the State.
!Cmn. Dunne stated he felt the safety factor shouli j6e injected into the resolution, x.@., bridge, I I ; lack of dividers, etc.
!The City Manager suggested that a study be made i I of the accident report first.
jCm. Hughes stated the State Highway Patrol does ! :not have jurisdiction over these private vehicles; :It might be well to recommend that private :vehicles such as buses come under their jurisdic-i
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1 cent accident and previous accidents that have :
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!Resignation 1, of City Engineer. Mayor Neiswender : jstated he would like to express his appreciation : : of the fine work Mr. Rathbun has done since he ha4 :been with the City, as there have been many times! i the work has been difficult.
!The other members of the Council joined in expres: i sing their appreciation. I :
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Q!?&,+ ; Member %'@' ; ""_""""""""""""""""""""""""""" """""""-4 "" """"""""~.f !PAYMENT OF BILLS AND RATIFICATION OF PAYROLL: I I ::; ;;;
I I:: :Authorization was given for the payment of bills i 1:: :for the general expenses of the city in the a- I I I:; i mount of $109,160.57, and for the Water Depart- i :::
: ment in the amount of $17,738.02, for the period :Dunne ::; ; ; 1-
!August 4, 1964. to August 18, 196.4, as certified lNeiswenderi i i: !by the Acting Director of Finance and approved by :Jardine :x: i: jthe Auditing Committee. !Hughes ; ki:
!Ratification of the payroll was given for the ':..iDunne jfirst half of August, 1964, in the amount of 1:; :Neiswenderj : :: 1$19,102.86, as certified by the Acting Director ot9ardine ; b !: :Finance and approved by the Auditing Committee. :Hughes ;XI ::
iADJOURNlvlENT :
!By proper motion the meeting was adjourned at 8;0$ :If IP-M. I i::
:Respectfully submitted,
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