HomeMy WebLinkAbout1966-03-01; City Council; Minutes1 I I ,' , . ' .\ ', i CITY OF CAKLSBBD i %'
: iilinutes of: CITY COUiJCIL (~egular meeti!ng) ', 8,',
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i ate of 14eeting: ilarch 1 , 1966 i Name '8, 8: : Time of Heeti ng: 7:oo P.14, ; of Y?
i Place of iketing: Cottnci 1 Chambers i Member
I ROLL CALL was answered by Councilmen Dunne, i Neiswender, Hughes and Jardine, Councilman I Rtkinson was absent. Also present were City : ijianager ihar-naux, City Attorney Wilson and City i Clerk Rdarns.
i Ii4VOCATION was cffered by Vice t4ayor Hughes.
i ALLEGIANCE to the Flag was given.
i APFWVAL OF EI'1INUTES:
i (a) ;dinUtes of the regular meeting held Febru- i Dunne i ary 15, 3966, were approved as presented. i Mei swende
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i CORRESPOi4DEblCE: 1 t t 1 i (a) Leota !darren - re: Clair;.! for damages. i Letter dated February 23, 1966 from Leota Warren,: : claifning damages caused by ati injury received / i from stepping into a water meter box that was ; i uncovered. I I
i i3y motion of the Couricil the claim was denied i ifunne ; and deferred to the City's insurance carrier, I Ne1 ssdende
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I \lice :.layor Hughes recognized a letter from :?jrs. i i Helen id. Bendelow, stating that not everyone in : i the Highlands is opposed to progress, and commen4- : ed Kamar Construction Co. on the type of home I i and improvements they proposed to build. Also i ; the extension of Tamarack Avenue would be a # I i blessing.
I A letter from the Carlsbad Journal was also recoi- ; nized, stating their appreciation for the resoluf I tion commending their publication for the state- ; : wide awards recently won.
i Request for waiver of street improvement -
: dated Fe,bruary 14, t966,, from the Office of 1 i Donald 14. HOII~, requesting waiver of street im- i ; provements on Laguna Drive in connection with a I J lot split granted Ann H. Ehrhardt on Stratford ; : Lane.
: The Engineering Department presented a plat of : I the properties fronting on Laguna Drive and Stra4- i ford Lane, and pointed out that in the event of I ; a lot split the property owner would be required: I to improve both streets, however, the General ; Plan calls for Laguna Drive as a part of the Civjl I Centetm development. The Engineering Department ; I I ; recomtnended that the street improvements be waivj i ed for Laguna Drive.
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; 1 " 8nn H. Ekrhardt Lot Split application, letter !
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I 1 1 I ' I : Cmn. Dunne inquired as to what would happen in i i 1 the event the Civic Center site as recommended f i in the General Plan were not approved? I I s 1 I I I I I t
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! Czn. Jardine stated he felt the waiver of streeti i i~prf;\~~i::t:nt~ should be on the condition that if : : !..?.gw Erive is not made a part of the Ctvic I i Ct-r:ter Development, that the property owner would i er:t2;.'. fnto future street improvements. 4 I
i LJ, z~-tSt>n of the Council waiver of street improvd-Dunne ; ~r;sn.ts on Laguna Drive was granted to Ann H. Ehr- f Ideiswendc i h~v~1l.t~ and that an agreement be entered into be- i Hughes i twnet~ el;e City and Mrs. Ehrhardt for future 1 Jardine i streat improvements. I
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I "." I i There were no oral comrmnications.
I i PUBLIC HEARIWGS:
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(a) wmlution of Intenti,on 43219 for the im-
L" 7rcrs.Gznt "- of Acacia Ave., from its intersection "- with .".""" Garfield Ave. easterly to its intersection - with ." A. T. & S. F. right-of-way - A.D. 1.40. 3- (I*,..- I YBS.
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1 : V=i ce 3ayor Hughes announced the hour of Z:30 P.N.: i having arrived, this was the time and place fixe4 ; by this City Council for hearing objections or ; i protests on the proposed work\ or the extent of : i the assessment district, or on. the proposed gradis : under the Resolution of Intention No. 1219, pro- : i viding for the construction of certain street im-i
; provements on Acacia Ave. from its intersection : I trJith Garfield St. easterly to its intersection i
I with the ACT. & S.F. Railroad C. right of way. I I
i The Clerk presented the affidavits of publicatio4 i !nai ?i i1g and posting, and the Council ordered the i : same filed. t
; The Clerk announced that up until the time set : i for hearing no written protests had been filed. I
i As there were no written protests filed, Vice i i Mayor tlughes announced the City Council would i
t hear* any oral protests or objections concerning : i th~ uork, extent of assessment district or grades:.
I As there were no persons present desiring to ; speak, the hearing was declared cfosed at 7:35 i i P . M .
i The plans and assessment diagram were presented i t for the Council's consideration, and after dis- : i c!~ssioul by the Council the following resolutions ;
1 \+ere prsentrid: :
i Resolution No. 1233. A RESOLUTION OF THE CITY ; Dunne : ta%-NCIL OF THE ClTF Of CARLSBAD, CALIFORNIA, i Nei swender I MAKING FINDINGS AN0 OVERRULING PROTESTS AND OB- : Hughes i JECTIOIIJS, A.D. !\lo. 3-1965, was adopted by title i Jardine i i only and further reading waived. 4 I I I
: pesolution Ho. 1234. A RESOLUTIOP! OF THE CITY :I COUNCTm$TH€ CITY OF CARLSBAD, ORDERIPJG THE i : CONSTRUCTION OF CERTAIN STREET IMPROVEMENTS AND i llunne : ORDERIfJG POSTING AND PUBLICATION NOTICES E&- : Neiswender] I VITING SEALED PROPOSACS 02 BIDS, A.D. NO. 3-1965,: lfughes I I : was adopted by title only and further reading : Jardine 1 I wai ved. q 1 I
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2 I " EPSO'IUt-iC:? .. I"." - .. Ha. 1235. A RESOLUTI(jM OF THE CITY I I I
i ;:?IJFJSIL OF THE CITY OF CARLSBAD, DETERI";IWING THE: Dunne i !:5!!L?!,L PREVAILING RATE OF PER DIN4 UAGES, was i Neiswende
f ! f'!i':.t$cr readi ng waived. f Jardine
D I A-D,. ?.:o. 3-1965, was adopted by title only and : Hughes
I I ; , PI" i.,j Fi'li~g of assessment on Terramar Sewer I I .- I { . ._.- i2tstrict "" - A. 0. 2-1964. I
! 4 I i ?fi.:c ?.layor Hughes announced the hour of 7:30 : ks'r'lock P.M. having arrived this was the time an4
1: 13'1 ace f4xed for the hear4 ng of protests , object- ; i *!?;;; or appeals in respect of the assessment pro: I ceedings, and work under and pursuant to Resolu- : I tlon of Intention \40. 1720;and the Improvement i 1 Act of 1911, concerning the Terramar Sewer ; Dlr,tYiCt. I I
1 Ti?? Clerk pres,ented the affidavits of publicatioi ; a.n$ m;ii ling foin the notice of hearing on the 1 i 2s!sessment, and the Council ordered the same : f"ll2d.
I A letter from tdiJliam 0. Hind was presented, i tilG.,nking %he City for pushing and getting sewers :
l T~!F the Terramar area, I
: Ihe Clerk announced that no written protest had i I i been reteivecl,
I ! I I Vice ?4dyot Hughes announced the City Council 1 woulcl hear from all persons wishing to make an i ; ora? protest.
! As there were no persons desiring to speak, the i I , i hearing was declared closed at 7:40 P,?/l. I I I
i After consideration by the Council the followingi ; resol trtion i.ras presented:
; Ttes;o!uti~n f40. 1236. A RESOLUTIOi4 OF THE CITY i i tEm1i-F THE CITY OF CARLSBAD OVERRULING ALL : Dunne I PROTESTS ON THE ASSESSMENT, CBi4FIRWIMG THE REGU- 3 Neiswenciei
I ~:2cptc.c! hy title only and further reading waived: Jardine :
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; LAlG!:TY f?? PROCEEDINGS, A.D. NO. 2-1964, was : Hughes i
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i IC) (Continued) Resolution No. 56 of the Plan- i ! )? : .,I ,- ; ... "! :.' 2". rcm"iqsion !", -22 2-.- - re: General P7an. : I
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; Vice i.4ayor Hughes announced the representative i :r from Dan'iel, Mann, Johnson and Xendenhall was un-l \ able to attend this meeting, and due to Mayor : : Rtkjnrson befng absent, he would like to have thi4 i ht\a~..I:rlg coirtinued till the next regular meeting.; : Ho~~~ver~ i F there were any persons who wished to ! i speak, *tile Cauncil would hear them at this time. i
I As: ,there were no persons present desi ring to i aunne : speak, by motion of the Council the hearing on i Neiswendet i the General Plan was continued until Tuesday, : Hughes : : March 15, J9iiG, at 7:30 P.W. J Jardine i
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ENGINEERING: ""
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(a) ProFoseu assessment district !\io- ~-3. I-~Q~Q,
w for-.@rlstructIon of sanitary Sewers in gate Olive fa 'field S"reet. I I I " - and a portion of Gar
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I I I ! Tkrc Clerk presented a petition signed by 58.6% : i :::: :!he property owners, requesti ng sanitary sewe+s i rn D~te Street, Olive Street and a portion-of i t Cwfield Street. 8 4 I * ? .. . I : 8rlb I; n 2 y, 13b,d..ering .y .; '* n Department stated this petition ! I W~S :-eceived in November, 1965, however, the I
& t2!41.Lbt:! was held over as an attempt has been made! i -t~ cuttact the property owners who live out ~f i i the Ci ty.
I INSERT - See Page 8 I I i A ???t of the proposed district was presented, i : c7::c! after consideration by the Council 9 the I I ! :o'ilowing resolutions were presented:
1 I -.-"-- Resolution No. 1228. A RESOLUTION OF THE CITY : Dunne
! CQttNCIL, OF THE CITY Of CARSLBAD APPROVIWG i Plei swend i PETITION W.D. '1-1966, was adopted by title only I Hughes : and further reading waived. : Jardine
: Resolution [do. 1229. A RESOLUTION OF Tt-I€ CITY i : 1 Ci)U%CIL OF THE CITY OF CARLSBAD REQUESTEWG oPIP!- I Dunne
! ITY OF Il!STALLATION OF SANITARY SEWERS, A. 0. i Hughes I ;--?965, was adopted by title only and further : Jardine : reading waived. I
: Pesolution No. 1230. A RESOLUTION OF THE CITY
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: IOrd OF HEALTH OFFICER, AHD DECLARING THE NECESS- : Neisl:send
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' "" : Dunne ; ~JKIL OF THE CITY OF CARLSBAD APPOIKTITG PER SO^ Neiswend( : 1'0 ?REPARE ALL PROCEEDIf4GS9 A. D. 1-7966, M~S i Huqhcs i adopted by title only and further reading waived.; Jardine
: Resolution Uo. 1231. A RESOLUTIOI'S OF THE CITY : COlir!CIt OF THE CITY GF CARLSBAO APPOINTING PERSOig i TO ACT AS ENGINEER OF UORK, DESIGNATIIJG ENGINEER i : OF WORK, AS THE PERSON RESPONSIBLE FOR PREPARA- : i TION OF THE ENGINEERIidG 30CUMEI\ITS, ASSESS8ENT i
; IEG TttE ENGINEER OF WORK TO SUPERVISE ALL LIORK; ;
i OF SIRLETS AM0 FIXIP!G COMPEP5ATI3N FOR SERVICES, ; Neiswendc
i P. 0, 1-1966, lJas adopted by title only and fur- : Hughes
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i DIAr",RA;';IS, ASSESSMENT ROLL AiJD WARRANT; DESIGNAT- :
i A'SPO:I:NTII!IG ENGINEER OF HORK AS THE SUPERINTEPIDEN$ Dunne
* i tiler reading waived. i Jardine
; FtesG:l:dtion No. 1232. A RESBLUTIOI?: OF THE CITY i i C6'8tiCiI"OF THE CITY OF CA2LSBAD OIRECTING PREPARA Dunne : ATION of PLA;\IS AND SPECIFICATION ANI DESIGNATIRG i rjeiswendc
i adopted by title only and further reading waived.: Jardine
i (hj Eowntown Lighting District - A.D. 4-1964.
1 4!..1ard of ccnlract:, : ..2,'
i TI,;? Engineering Department requested this matter f I defcr;-ed until the next regular meeting, as they : : l~~.re ui~able to meet with the low bidder as of i i &;lis date.
I a I i BY inotjon of the Council it was agreed t:~at the i Dunne : award of contract for the Downtown Lighting Dis- i Neiswende i trict, A.D. 4-1964, be deferred until the next i Hughes i regular meeting. ; Jardine
I (c) O.Ffer of EI Camino Rea1 road easement from i : Bernard Citron, et al. The City ;.?ianager informe+
; the CEsuncil this easement is for street purposes : : along El Camino Real and is being granted to the i i city by the developers of the ;day Company complex:.
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i EI!GINEFR TO PREPARE PLAFJS, A.D. 1-1966, was : Hughes
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! I : 3~ motion of the Council the easement was acceptid ; (2nd the City Cleric directed to record the same. :Dunne
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I I I I i (6) Request for modification of street vacation-; : Hosp-Grove. At the previous meeting' of the Council i a resolution was adopted stating the intention oq i the Cotlrlcil to vacate certain streets in the HOS~ ; Tract, as requested by the property owners, The i i City has received a subsequent letter dated Feb- !
! rual-y 25, 1966, requesting that only that portio4 i 0.5' Eucalyptus street lying Easterly of the inter-:
I section of Eucalyptus Street and Canon Street be ; 1 ; vacated. ! i f3y notion of the Council it was agreed that the iDunne i request for modification be.granted. :Nei swender
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+ 4 i (e) Resolution of Intention g1.237, declaring : intention to vacate a portion of a street (gen- I ; era1 location of Vista !:Jay..and El Camino Real). : : The ftt?e dompany shows a cloud on the property i I in the area of Vista Way and El Camino Real by i : deed dated 1886 for street purposes, and the * I i property owners have requested the city to vacat?
! this street. The City maps do not show this I * i street .as existing. A resolution has beer? pre- :
f intention of the CouhCil to vacate this street. i
! The follovj'ing resolution was presented:
i Resolution Mo. 1237. ,A RESOLUTION 3F INTEHTIOFJ~ O$ : fHE CITY COUXIL OF THE CITY 9F CARLSBAD DECLARIRGDunne i INTENTION TO WACAT$ A PORTION OF A CERTAIN STREEX bieiswande i was adopted by title only and further reading : Hughes i wai veri. I Jardine
1 (f) Approval of Final Hap of El Camino Hesa Uniq
1 1- #3. The Engineering Department presented the 8 I i Final Wap of El Carnino izlesa Unit #3 for the : Council's consideration.
i i9r. Thorhton,"Assis~antEE~g~~e~~,~,~~~~~m~d~~.~~ : i Counci 1 the a1 ignment of the streets in this urd
; conforms with the existing streets, and the de- I i velopers have complied with the ordinance. They i i have dedicated the necessary property for the ; : widening of €1 Camino Real. Ilr. Thornton pointe? i aut the next unit of this subdivision will prob- ; ; ably have to have storm strains due to the topogqa- i phy. There are 37 lots in this unit, and the I I : lots range from 10,000 sq. ft. to 7,530 sq. ft. i i The developers had to appy for a variance on one : : lot due to the alignment of El Camino Real. I
i By motion of the Council the Final Map of El Cam-: I i no Real Unit #3 was approved. :Dunne
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1 pared for the Council's consideration staIti.ng the!
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I 0 I i :dEW BUSINESS:
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I 1 * 1 i Vice Playor Hughes proposed tha an appreciation ! :dinner be given for the employees of the Library ; i and members of the Library Board of Trustees, 1 I land ~sked that the City Hanager be given author+-; i zation to make arrangements for the dinner on I i:4aEnch 22, 1966.
i By motiort of the Council authorization was given IDunne ; for the city Fianager to make arrangements for an jNeiswende jappreciation dinner to be held ?larch 22, 1966. : aughes
J I Jardine
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: 3LD %USIj:dESS:
! Cmn, Jardine informed the Council he had received:
:a report from the Parks and Recreation Comrnissioni i concerning a request by Jack NcElhose for a sewer: :easement in the take Calaveras area. Cmn. Jarding i requested this matter referred to the staff for : :further study and report. * I
; CITY ATTORNEY'S REPORT: !
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4 4 8 I i Deed for Fire Station property. The City Attorney! : informed the Council he has received a deed con- ; i cerning the purchase of the property for the Fire! : Station on El Camino Real, and requested the I i Council to accept the deed and authorize the re- i : cording of the Document.
i By motion of the Council the deed from Pacific IDunne i Vista Estates, Inc. was accepted and the Clerk :Neiswende : directed to record the same. i Hughes
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:Authorization for legal action re: Bad Check. :Authorization was requested by the City Attorney i to bring legal action concerning a bad check re- i ceived by the City for a business license.
i By motion of the Council authorization was given
:the City Attorney to bring legal action concern- : ing a had check received by the City in payment ; for a business license.
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I t * I I I Dunne i Neiswendel : ttughes i Jardi ne
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I I :Darnage to City property. One of the City's stop ; :signs wzs damaged by a motorist, and the motoristis i insurance carrier has refused to pay for the I :damage. The City Atturney requested authoritatioi i to take legal action if it becomes necessary. * I
i By mot'ion of the Council authorizatib.7 was given i Dunne :the City Attorney to file action agaiz:st the : I'Jei stvendel.
:motorist if it becomes necessary. : I-llrghes
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I J 1 I : SITY i4ANAGER'S REPORT:
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I I I : Request for waiver of buildj-gq-_eer@,j.t fg-g..---re.. .a e i ";;larlsbaci Jurlior Chamber of Commerce. fh4 Car'ls'badi ;Jaycees are endeavoring to build a semi-wblic i :sw.irnming pool at the Boys1 Club of Eprlsbad, and I i since the Jaycees and the Boys' Club are non-pro-i i fit organizations and the pool is to be rtsed far : i the youth of Car'lsbad, they have reqgested waiver: :of the building permit fee.
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I 0 ! 1 2.y notion of the Council waiver QF the building i ounne : ?errnit fee was granted to the Carlsbad Junior ; 1, Nei swendc I Ciiamber of Commerce for the swimming pool. : Hughes
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I @ I ! 1 "" ~isprnvement of EI Camino Real. from Chestnut ca en& : to Palomar Road. At a previous meeting the CounGil
f appcoved the route for E7 Carnino Real frdm Chest-! i nut Avenue to Palornar Road. The Cbunty of San 1 : Diego has agreed to ente? intd an agreement w'l'th ; i the City of Carlsbad to improve this portion of : i E] t'amino Real, as previously agreed upon for tkt4 ; portion from Vista !iay to Chestnut Avenue. The I' i County wi? 1 budget funds in the 1966-63 fiscal :
i rfght of ~ay, and I969 for construction. I I
i Agreement for Library Construction Grant. The : ; Agreement between the City of Carlsbad and Divi- i i sion of Libraries of the State of California, has: ; been recei wed, involving a grant in the sum of i i $105,650.00 A resolution has been prepared, i approving tf7e agreement and aut~loriri ng executio~ : of the document. I
i Resolutian ilo. 1238. A RESOLUTIOM OF THE CITY i ; ~a~~~~Cit OF THE CITY OF CARLSBAD, APPROVIi'JG AGREE-:
! i'4EL1T BET'c\lEEN THE CITY OF CARLSSAD,AND DIVISION i I OF LIBRARIES, DEPARTi4EHT OF EDUCATION, STATE Of : : CALIFORNIA, AijD AUTHORIZING AND DIRECTING THE iDtanne i UYOR TO EXECUTE SAID AGWEE?iEMT 3M BEHALF OF THE :Neiswendzr i CITY OF CARLSBAD, was adopted by title only and $fughes : Further reading waived. ?3ardi ne
i The C'ity ivlanager presented a tentative schedule i I for the construction of the library and stated : : the city is in hopes of going to bid approximate-! I ly June 7, 1966. I t
t par for the design, 1967-68 for acquisition of ! I
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t I I : , -. Civic . Center site. A design for the proposed i : C-ivic Center was Dresented for the Council's re- : i view. According to the proposed design, acquisi-: ; ticrn of additional land will be necessary. The i i Csty F'lanager requested that the City Attorney be : : authorized to proceed with acquisition proceed- i i ings for the additional land. I I
i ~mn. ~unne inquired as to the children crossing : ; Elm Avenue to go to the library. I I
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! ' The City 'iqanager informed the Council this is th4 I ; reason the 3ibrary facilities have been moved I I i further East, and placing it on the high side of: I I ; the Civic Center site.
: By motion of the Council it was agrrred that the i i City tlanager be authorized to proceed b?rith ac- ;
i quisition of the additional land necessary for i i the Civjc Center site. I
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I 1 I 8 i AUTHORIZATION FOR PAYMENT OF BILLS AI;!D RATIFICA- i
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I I I I 8 : TION OF PAYROLL:
: Authorization was given for the paymenr. of bills i i for the general expenses of the Cjty in the i amount of $37,339.79 and for the 2ater Departmzne
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I t i Name 88\,'\$ : of w
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i in the amount of $3,242.30, for the period FebruADunne : ary 15, 1966 to March 1 s 1966, as certified by :Neiswender i the Director of Finance and approved by the !Hughes : Auditing Committee. :Jardine f
! Ratification of the payroll was given for the 'Dunne : first half of February, 1966, in the amount of :Neiswender
: I Finance and approved by the Auditing Committee. :Jardine
i ADJOURNMEMT:
I By proper motion the meeting was adjourned at ! i 7:52 P.M.
! Respectful ty submitted,
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i $22,962.27, as certified by the Director of [Hughes
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I : Cmn. Jardine inquired as to whether or not there i would be 60% in favor if one more of the out-of- : town property owners would agree to the sewer i improvement.
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i City "Clerk
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i The Ass : would b i the sew
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I istant Engineer informed the Council it i ring the percentage up to 60% in favor of i er improvement. I I
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