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room biuiidii: w:-ts not c-nstrt?ct(,d, and no action vr,'is ta?'"n to P.11idina.te the hnzardnitS
<br />sidewalk on Elm Street.
<br />A le6al "?1',ot-ice to neconstrttcv Sidewalk and rlriv,:way Approaches" on both ,Main Street
<br />and Elm Street was mailed November 25, 1.95r, an -i the property was nosed on the same date.
<br />No action was taken by the property owner to cc1npl r with t..he legal -notice.
<br />:i:i i.nSDPCtiJn h<.S been made at this loCr.tiDti since the 1?St Council meeting, and it
<br />is our opini6n that the si�!pwal: i..s in a h,?-,ardous conOition anal slic.ul(II be replaced and
<br />reconstructed to eliminate liability on the p -.rt of the City.
<br />For JTou inf ormation, .we are experiencing considerable diffi_rulty in enf orcing the
<br />sidewalk ordinance against other property owners in the City ''ho have ollser.red th!,t otter
<br />property owners ;such as the one. in question have, failed to comply witl: City regulations; and
<br />notices rorepa_i_r.
<br />It is our underestandimr that the City Engineer, Street Supurinterdent, the City Council
<br />and the Cit;,- may be held individually and collectively responsible in case of r�rsonal
<br />injury caused -.by any such hazardous condition after due notice has been received of such
<br />condition. The City is ohli.bated to serve legal rot -ice to repair, and to follav through
<br />to see that the required repairs are made.
<br />I.AA d
<br />Very truly yours,
<br />Glenn M. Jain, City Engineer
<br />Couuci.Lmmr, Stout moved that the City proceed according- to the City Enpineer's recoirn:endation and reopen
<br />ti1;; rase, the City EnFrineer to be instructed to proceed. Councilman Granger wanted to do what the Council
<br />agreed to in 1955. The Clerk read the motion as it was stated in the minutes of April 11., 1955, TNSiCh
<br />reads as follms: "Councilman Grang=er moved that Mr. Denney be allowed to construct a sidet!ralk in the
<br />front of his shrnvroom, and that he be given inspection clearat-ice by the Inspnctnr• At Some futrre
<br />date, if required, he will continue the sidewalk to Lathrop Street. Mr. Denney will take steps to
<br />alil,.inate the hazardous condition of the old si,aelvalk on Elm Street. This motion was seconded by
<br />Cu,).ncilriar, Jonea and carried." Coultril;.,an Bri tsrhgi. ,r-cGrd.ed Councilman Stnut' ^ rlotinti. rn�zrcilman
<br />Spillers stated t.hgt Lathrop Street has a hump hack and- re couldn't see why they should. be .asked to put
<br />ill 64' of sidewalk now and when curbs and tart street are put,i.n hav,: to do the s;de'llilk job all over
<br />04
<br />again. plr. Jain st=ated tilst the cures were already in. Thi;i waz followed by a heated discussion
<br />b:�twneil M.r. Jaiii and Coiuxilrrlan Spillers as to the present condition of Else Street, whether or not
<br />there were nurbs, etc. City Engineer Jain stated t.h-,t -,iter the Cite has beer notified of any broker,
<br />siuew"lk the City is obligated to serve legal notice to rerair the siddwalk or the City m v he held
<br />responsible in case of personal. injury caused by any such hazardous condition after dT7e, notice has been
<br />received of such condition. Coluxil^pan Spillers stated that he was of th=e opinion that '_gain Street
<br />condition st-ted atiove should be corrected but he did not believe that Mr. Denney sihould I required to
<br />continue the sidewalk on Elm Street. This was followed by further ,?iscT7.csion. Coluacilman Granger
<br />stated th• t if the gentleman In nueStlon does not, fix the sidewall, ther the Cita- silolild -o ahead an-'
<br />nut 7.n t,;;c S1dCm:a.lk accordinq t0 the ordinance. The mJt1Gt1 C.'.r''i_P4wIth. COltt"tcslmanPiilPrS vGtln T'Tn•
<br />:;u_Uxilma.n Weiss wanted to know if the City was goIng to follow ur andhrtve the sidewalk- fixed on the,
<br />balance of Flrr Street to Lathrop. r'ity En,rinerr Jain stated tht, he Tras of the. opinion that the City
<br />wjs (I aced to Gee that the sidewalk VTas reparied. Councilman Weiss mnved. that the Clt;- Fn�yineer �
<br />proceed with the sidkwalk ordinnneo sending notice to fist the balance of the si-?ewal.ks on Fl.m Street. "WO
<br />Councilman Pritschc-i Stated that there was some argument in regard to the trees wrecking their sidewalks.
<br />The motioii lost for lack of a second. Councilman Spillers moved that this mntter he referred back to
<br />the City En c^ineer, c-irry on the agenda for 30 days, seconded b�- CoTuici.L.lan Stoup; and carried.
<br />Fte.. .r'�i�H_ T. PROMRESS Rte,.,,..;. Qid iFICE....T 5TA�.,., IT 429 .. MP STREET. Fire r:a.rshal ?sovs repnrt,ed that 510% of
<br />the mat'eri.nl hn'J been removed and tl:ny are doinsr the job as manned*
<br />�..n T•PI'>f�"T(T T` ,'TT p T in ll r �. l hT TAT D l T
<br />;RSt i%«L AP _.,._..:.. ;�, K. �3. T('.aE R`�A:.D�i�u tC,,�> Gri_�',%uE r..??r :�D,TI,_Jd__".�r Ppn_�T i`T. be. Clerk read the follcn�ri� g,
<br />letter s,Abm tted by Towne r,Iotor Company:
<br />Due to c.i_�cum3tarces beyond our control ind espitu the fact that we have exerted every
<br />posoibl.e effort., bre find that oiir ne,v service building on rieech and Lathrop Streets
<br />-rill- not be reader for occupancy until. ".ugust 15, 1956.
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