BOOK 26_1955-11-28 to 1957-06-17

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2 2 0 J Ir oom building. was not constructed, and no action was taken to eliminate the hazardous sidewalk on Elm Street. A legal "Notice to Reconstruct .Sidewalk and Driveway Approaches" on both Main Street and Elm Street was mailed November 25, 1955, and the property was posed on the same date. No action was taken by the property owner to comply with the legal notice. An inspection has been made at this location since the -last Council meeting, and it is our opinion that the sidewalk is in a hazardous condition and should be replaced and reconstructed.to.eliminate liability on the part of the City. For you information.,. -we are experiencing considerable difficulty in enforcing the. q sidewalk ordinance against other property owners in the City Who have observed that other J „ property owners such as the one in.question have failed to comply.with City regulations and notices ro repair. It is our understanding that the City Engineer, Street Superintendent, the City Council and the City may be held individually and collectively responsible in case of personal injury causeddbjr any such hazardous condition after due notice has been received of such condition. The City is obligated to serve legal notice to repair, and to follow through to see that the required repaiis are made. Very truly yours, Glenn M. gain, City Engineer Councilman Stout moved that the City proceed according to the City Engineer's recommendation and reopen the case, the City. Engineer to be instructed to proceed. Councilman Granger wanted to do what the Council agreed to in 1955• The Clerk read the motion as it was stated in the minutes of April 11, 1955, which reads as follows: "Councilman Granger moved that Mir. Denney be allowed to construct a sidewalk in the front of his showroom, and that he be given inspection clearance by the Inspector. At some future date, if required, he will continue the sidewalk to Lathrop Street. _Mr. Denney will take steps to eliminate the hazardous condition of the old sidewalk on Elm Street. This motion was seconded by Councilman Jones and carried." Councilman Britschgi seconded Councilman Stout's motion. Councilman Spillers stated that Lathrop Street has a hump back and he couldn't see why they should be asked to put in 60' of sidewalk now and when curbs and the street are put -in have to do the sidewalk job all over , again. Mr. Jain stated that the curbs were already in. This was followed by a heated discussion between Mr. Jain and Councilman Spillers as to the present condition of Elm Street, whether or not there were curbs, etc. City Engineer Jain stated that after the City has been notified of any broken sidewalk the City is obligated to serve legal notice to repair the sidewalk or the City may be held responsible in case of personal injury caused by any such hazardous condition after due notice has been received of such condition. Councilman Spillers stated that he was of the opinion that Main Street condition stated above should be corrected but he did not believe that Mr. -Denney should be required to continue the Sidewalk on Elm Street. This was followed by further discussion. Councilman Granger stated that if the gentleman in question does not fix the sidewalk then the City should go ahead and put in the sidewalk according to the ordinance. The motion carried with Councilman Spillers voting NO. „ Councilman Weiss wanted to know if the City was going to follow up andhave the sidewalks fixed on the balance of Elm Street to Lathrop. City Engineer Jain stated thit he was of the opinion that the City 14 was obigated to see that the sidewalk was reparied. Councilman Iffeiss moved that the City Engineer proceed with the sidewalk ordinance sending notice to fix the balance of the sidewalks on Elm Street. Councilman Britschgi stated that there was some argument in regard to the trees wrecking their sidewalks. The motion lost for lack of a second. Councilman Spillers moved that this matter be referred back to the City Engineer, carry on the agenda for 30 days, seconded by Councilman Stout and carried. j( FIRE MARSHAL PROGRESS REPORT ON PRESENT STATUS AT 429 H(YV1,,1ND STREET. Fire Marshal lsovs reported that 50% of j the material has been removed and they are doing the job as planned. PERSONAL APPEARANCE, K: B. TWINE REGARDING ROSS GARAGE AND ADJOINING PROP_';]RTY. The Clerk read the following 1 letter submitted by Towne Motor Company: Due to circumstances beyond our control and espite the fact that we have exerted every possible effor�, we find that our new service building on Beech and Lathrop Streets will not be ready for occupancy until August 15, 1956.