Nyssa gate city journal., June 29, 1961, Page 2, Image 2

THURSDAY. JUNE 29. 1961
THE NYSSA GATE CITY JOURNAL. NYSSA, OREGON
PAGE TWO
THE GATE CITY JOURNAL
TED M. BRAMMER. Editor and Publisher
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Published every Thursday at Nyssa, Malheur County, Oregon.
Entered at the postoffice at Nyssa, Oregon, for transmission
through the United States Mails, as a second class matter under
the act of March 3, 1879
'Outside Sewer Service'—Background,
Contract Provisions, Editorial Comment
We are printing the covenants and agreements on the
part of Hal Henigson and Wilton Jackson and the City of
Nyssa in their “controversial” contract in this week’s
editorial column, together with the background and edi­
torial comment.
We call it “controversial” due to the difficulty and
the length of time necessary for both parties to reach
terms upon which they could agree.
The proposed contract was first read by City Attor­
ney Henigson to the council at the April 11 meeting.
Many of the features of the final contract were in the
original proposal but in others there was wide disagree­
ment. One of the questions was what the applicants
would charge for permitting other users to hook onto
their line. Henigson said he felt this was no concern of
the city since the line would be their personal property.
Councilman Paul House explained to him that it was of
concern to the city since the remaining cost would be af­
fected, should the city eventually take over the line.
There were other points of disagreement and the matter
was tabled for further study.
Following the meeting the Journal editor was inform­
ed that there was no need of reporting on this phase of
the meeting as Henigson was sure that he and Jackson
would drop the matter and ask City Manager Art Colby
to sell their pipe to Ontario.
We printed the action of the council but assumed the
matter was dropped until we learned from the minutes
of the May 9 meeting (furnished us by Colby) that the
contract had been approved with Colby and Mayor Grant
Rinehart authorized to sign same.
Then two weeks later, May 23, at another session of
the council the minutes show that the contract was again
discussed and subsequent to the discussion a motion was
made and approved “that the sewer contract be signed
by the city recorder and mayor with the understanding
that the property of Harold Henigson and Wilton Jack-
son be annexed to the City of Nyssa as soon as possible.”
However, both parties agreed that this was not a con­
dition of the contract itself but was merely an under­
standing that this action would be taken.
The contract as approved and signed by both parties
is as follows:
NOW, THEREFORE, IN CONSIDERATION OF THE COVE­
NANTS AND AGREEMENTS ON THE PART OF EACH OF
THE PARTIES TO BE KEPT AND PERFORMED. IT IS MU­
TUALLY AGREED AS FOLLOWS:
1. The City agrees to permit the Applicants to connect a
sewer line from their residences hereinbefore described to the
City sewer system at Park Avenue and 11th Street provided
that said installation shall be made at their own cost and ex­
pense.
2 The Applicants agree to install at their own cost and ex­
pense an 8 inch asbestos cement sewer line from the City’s
manhole at Park Avenue and 11th Street, said construction to
be in accordance with the construction requirements of the
City Engineer.
3. All construction shall be performed under the supervision
of the City Engineer. Sewer connections shall be made in the
same manner as required of City residents.
4. The Applicants agree to pay for such sewer service at
such rate as snail be 30% greater than the prevailing rate ap­
plicable to residents of the City for like services.
5. It is covenanted and agreed by and between the parties
hereto that said sewer line to lx- constructed by the Applicants
shall remain the property of the Applicants until such time as
the Applicants' lands shall be annexed by and become a part
of the City of Nyssa and the Applicants shall be reimbursed
for al) expenses reasonably incurred by them in constructing
said sewer line as hereinafter provided.
6 The Applicants shall maintain said sewer line in good
repair and operation during their period of ownership, at their
own expense. In the event the Applicants shall require the
services of the City in connection with the repair or mainten­
ance of said sewer line, the City shall perform all requested
services provided the rendition of such services shall not un­
reasonably interfere with the public interests of the people of
the City of Nyssa and Applicants shall pay to the City its rea­
sonable charges for any services so rendered.
7. In the event said lands of the Applicants shall be annexed
to the City and the City, in its sole discretion, shall desire to
acquire title to said sewer line, the City shall reimburse the
Applicants for the total cost incurred by them in the construc­
tion of said sewer line plus interest at 6% per annum on said
sum from the date of construction to the date of reimbursement
by the City less any moneys received by the Applicants from
other property owners for permission to connect their service
lines to the Applicants’ sewer line and also less such sum as
shall represent a charge by the City of $2.85 per frontage foot
based on the frontage of the Applicants' said residence lots.
The Applicants shall file with the City within 30 days after
completion of construction of said sewer line a statement show­
ing the total cost thereof which has been paid by them
Nothing herein contained shall be deemed to require the
City to acquire title to said sewer line in the event of annexa­
tion and the City shall have a continuing right to acquire title
to said sewer line at any time it may desire, after such annexa­
tion.
8. The Applicants covenant and agree that they shall not
permit any other person, firm or corporation to make sewer
connection to their said line unless the City shall prior thereto
approve suck connection by written agreement The City cove­
nants and agrees that so long as said line shall be owned by the
Applicants it shall not permit or authorize any connectwn to
sail sewur line except with like prior written approval of such
cPMtection by the Applicants.
$ The Applicants covenant and agree that t^ey jvill not per-
■s ar co»«nt to any connection to their said ewer line unless
• «Je peoprot» ogu i requesting such connection shall pay to tha
Aftriab • char** for the san* at a rate to l<e determinad be
tie- App4u<«it« ««I in my event not I»« the MM f<»
froMiM' fo«s >f m •• AS e I : at «aha* a e, i,
be madk.
0
;r
10. Tlie urass laari
_
«••rt
i*
to and benefit the Ag*ii.taUi .«ad tta City, their r
heirs, legal repte rental iew a «/w«a>
I
TN WITNlCAs WiVMM • U m Citp .4 Wywa ta «1
riivsents to lie exj tad b« ita TDiy«« mV
Ita
duly autti.o ,z«-d ar n < wynnc-jW1
«1 A m ta
caused its seal tq be ' ip tbioj eF a»*!
krf •■»!
hereunto set then hlO is and s < '
• • • • •
We believe (1) Títere was a^onflict of inter cf3 O tftB
part of the city attdPhey as one of the applicants, Ief\
the city without legal advice itAhts matter The contract
MONDAY LUNCHEON SERVED 1 Pvt. David Rodriguez
TO YOUTH ON PROJECT TOUR
Methodist youth and counselors Completes Training
of the Idaho conference arrived At Camp Pendleton
Monday in Nyssa on a youth pro­
Funeral services for Austin ject tour of the northwest. The
Henry Willson were conducted group was served luncheon at the
Monday morning, June 26, 1961, i local church.
at Lienkaemper chapel with the
Traveling by chartered bus,
Rev. Paul Ludlow of Nyssa Meth­ they plan to visit Methodist pro-
odist church officiating.
| jects which include hospitals,
Mr. Willson was bom March 1, universities, Wesley foundations,
1866, in Clinton, Iowa, a son of bishop headquarters, community
Chancey Hubbard Willson and houses, orphanages and retire­
Mary Elizabeth Dutcher Willson. ment homes in Oregon, Washing­
He succumbed Friday, June 23, ton and nothem Idaho. Counsel­
at Malheur Memorial hospital fol­ ors for the group are the Rev.
lowing an illness of several and Mrs. Paul LaRue.
months.
He was united in marriage in Alphonso J. Bueno
1890 to Martha Bradley. From
Iowa the Willsons went to Gaines­ Rites Held Tuesday
ville, Texas, then to Colorado and At Ontario Church
later in Oklahoma they home­
Requiem Mass was held for
steaded 80 acres in the old Indian
territory. In 1909 they moved to Alphonso J. Bueno Tuesday mor­
Raymond, Wash., and in 1913 ning, June 27, 1961, at Blessed
Pvt. David Rodriguez
homesteaded 80 acres in Malheur Sacrament church in Ontario with
the
Rev.
Father
Cletus
Kirkpat
­
Manne
Pvt. David Rodriguez,
county south of Vale.
The family came to Nyssa in rick officiating. Rosary was re­ son of Mr. and Mrs. Joe Rodriguez
1917, where Mr. Willson had lived cited Monday evening at Bertel- of route 2, Nyssa, was scheduled
June 16 to complete a four-week
the past 44 years. Mrs. Willson son-Lienkaemper chapel.
Mr. Bueno was born Sept. 30, individual combat training course
succumbed in September 1947.
Mr. Willson was a member of ' 1901, in Trinidad, Colo. He had with the Regimental Training unit
the Nyssa Methodist church, hav-1 | been a resident of Ontario for 10 at Marine corps base, Camp Pen­
ing united with it in 1942 during ! years, where he was a construc- dleton, Calif.
the ministry of the Rev. Greenlee. 1 tion laborer. He was a member
Each marine receives instruc­
Though long retired from lumber of the Catholic church.
tion upon completion of recruit
yard and carpentry work, Mr. | In addition to his widow, Stella, training to insure his proficiency
Willson kept up his house, yard survivors include six sons, David, in latest infantry tactics, scouting
and garden until two years ago Julian, Steve, Alphonso, Jr., of and patroling, first aid, map read­
when he entered the nursing wing Ontario, Frank of Goldendale, ing, mine warfare and defensive
of Malheur Memorial hospital. Wash., and Jess of Nyssa; four positions.
Until very recently he had been daughters, Mrs. Mary Dominquez
spry and cheerful as he greeted of Toppenish, Wash., Mrs. Flor­ FARR ACCEPTS RADIO JOB
his many friends.
ence Herrera and Helen Bueno
Keith Farr, son of Mr. and Mrs.
Among survivors are three sons, of Ontario and Rose Bueno of Kenneth A. Farr, arrived recently
Claud of Nyssa, Fred of Renton, Portland.
in Los Alamos, N.M.. where he
Wash., and Guy of Salem, Ore.;
Also surviving are two sisters, has accepted a new position as
14 grandchildren; 33 great-grand­ Mrs. Louise Delgado of Billings, program director and news re-
children and two great - great- j Mont., Mrs. Josephine Gomez of porter at radio station KRSN.
grandchildren. One daughter, Toppenish, Wash., and 15 grand­
He had been employed by
Mary Rumple, succumbed in 1945 children.
KLUL-KBRV television and ra-
and a son, George, died at the
'
Interment was made in st. dio engineering for the past 2Mi
age of two years.
years.
Interment was made in Nyssa John’s cemetery at Ontario.
cemetery under direction of Lien­
Mr. and Mrs. Virgil Raney of
kaemper funeral home. Pallbear­ RETURN TO CALIFORNIA
Mr. and Mrs. Fred Ginder and Parma were Sunday barbecue
ers were Aden Wilson, Nick
dinner guests of their daughter,
Rudelick, William Hipp, Harry daughter, Carol, and Dick Schire- Mr. and Mrs. James Nichols and
Gahan, Eddie Taylor and Robert man were honored at a garden family.
party June 21 at the W. E. Schire-
Thompson.
man home. The Ginders and Dick
left the following day for their MISS MITCHELL NAMED
CARD OF THANKS
TO HONOR ROLL AT EOC
We wish to thank our friends home in Gardena, Calif.
Six students earned a perfect
for the many kindnesses and ex­
Mr. and Mrs. Gary Bauer and 4.00 grade point average for the
pressions of sympathy extended
to us following the loss of our Kevin of Boise were weekend spring term at Eastern Oregon
husband and father, Alphonso J. house guests of Mr. and Mrs. Ken college, according to the office
Toomb and Kelly and attended of the registrar.
Bueno.
the 1956 class picnic Sunday.
Receiving straight “A’s” were
—Mrs. Stella Bueno
Janet Bond, Norman Lewis, Wil­
and Children
Connie Jo Holcomb returned liam Marker, La Grande; Richard
Mr. and Mrs. Earl Bingham home Sunday evening from Chey­ Herbert, Pendleton; Jacqueline
were Sunday evening dinner enne, Wjzo., where she visited Hoppe, Imbler and Diane Whit-
guests of Mr. and Mrs. Ronald relatives, * Mr ypd Mrs. Walter nah, Richland.
1 Moberger.
Among others named to the
Batt.
honor roll with 3.5 average or
higher was Miss Valene Mitchell
was referred by Henigson to his junior partner, for
of Nyssa.
Final Rites Held
At Nyssa Chapel
For A. H. Willson
checking but he did not act as advisor for the city.
(2) The council should have referred the matter to
the Planning commission for their study and recommen­
dation. (The city manager informed them this was not
within their jurisdiction but this decision was not in com­
plete agreement with their thoughts.)
(3) The decision was not a good one for the city, since
if continued on a large scale, would cut down the reve­
nue that normally would accrue to the city from taxable
property that would be erected within the city to get
city services.
We have been opposed to the city entering into the
contract from the first we heard of the proposal and did
“agitate” against it. However this was done at the coun­
cil meetings and not with the public at large for the
simple reason that the council members have minds of
their own and are not easily swayed by outside influ­
ences.
Had they taken a popular view, we doubt that any
one of them would have been in favor of the contract.
And had it been an ordinary private citizen, without of­
ficial authority, we believe they would have been dis­
couraged and dropped the matter.
(4) That the contract is fair to both parties (as near
as we can determine) and with the $2.85 per front foot
charge the city might eventually own the line at no cost.
(5) That with the provision the city need never take
the property over, and with the applicants being respon­
sible for the upkeep so long as it remains their property,
it should be taken over only when it would be profitable
for the city.
SUPPER HONORS MINISTER
The Rev. Rus Un Kimsey, former
supply minister of St. Paul’s Epis­
copal church, was honored June
17 at a farewell supper at the
A. C. Sallee home. The supper
was given by members and
church.
friends of the
1
The Rev. r. Kimsey conducted fi-
nal services June 18 in Nyssa and
went from here to Cove to attend
church summer camp.
METHODIST JUNIOR CLASS
ATTENDS SWIMMING PARTY
Approximately 20 members of
the Methodist junior department
who attended vacation church
school went to Ontario June 20
for a swimming party.
They were accompanied by the
Rev. and Mrs. Paul Ludlow, Mrs.
Foy Brown, Mrs. Arthur Cart­
wright, Mrs. Clifford Fox and
Mrs. Robert C. Smith.
hue
— Admission —
50c Per Person
127 Main Street
CLOSING NOTICE
Our Offices Will Be Closed
Monday and Tuesday—July 3-4
Medical care will be available at all
times. ... In case of emergency call
your family physician or the Malheur
Memorial Hospital.
Dr. K. E. Kerby
Dr. K. A. Danford
Dr. L. A. Maulding
Dr. D. W. Sarazin
Bargains are
bustin'out all over
in our
PORO
find
SAVE
U3G • »I »•
0* !«•■ ■
I
.-Mix
SAVE
» ’(*• on
SAVE
SAVE
SAVE
VITN TMf $1 CAR
WUT TO RACK
•• ITS 1016
TfRN WAPRINTV
automatically
illvnunct*i
EXTRA LIGHT m
Western Music by
Canadian Siring S tom per
Paulus Jewelry
PROTECTION against theft, growlers,
itroot lighting
At Ontario Heights
Grange Hall
EASY TERMS!
vandalism
flit
Saturday, July 1
DIAMONDS
Post Lantern
SAFE
DANCE!
H lUii’ouu’
WITH AN ELECTRONIC
Electric
The Rev. and Mrs. Paul Ludlow
went to Boise Monday afternoon
to meet Miss Elizabeth Brown,
head of the camping division of
the Methodist church with head­
quarters in Nashville, Tenn.
The Rev. Ludlow is chairman
of the Idaho conference camping
commission and is in charge of
camp buildings in all Methodist
church camps of southern Idaho
and eastern Oregon. This includes
maintenance, construction and lo­
cation of buildings at camp sites.
The Ludlows will accompany
Miss Brown on tours of Sawtooth,
McCall and Wallowa camp
grounds.
CARD OF THANKS
We wish to express our ap-
preciation to neighbors, friends,
members of the Methodist church
and Nyssa Eagles Aerie 2134 for
their many acts of kindness and
expressions of sympathy at the
time of death of our loved one,
Austin Henry Willson.
—Mr. and Mrs. Claud Willson
Mr. and Mrs. Guy Willson
Mr. and Mrs. Fred Willson
VISIT FROM MICHIGAN
Mr. and Mrs. Carl Meder and
children, Sandra, Bobby and Da­
vid Maurice of Garden City,
Mich., arrived Sunday at the
home of their parents, Mr. and
Mrs. Maurice Corey for a week’s
visit.
Bríghten Your Yard
ON at dusk, off at dawn
Ludlows Accompany
Camp Supervisor
On Tour of Grounds
Swapping
Bsc
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ENHANCI «g
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—N
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‘ IDAHO .POWER COMPANY
• It Main St.
I
IS
Nysa*. Oregon
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•
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