Item 6: Ordinance on Use of Eminent Domain for Property near Amazon Headwaters

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ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Action: An Ordinance Authorizing the Institution of Proceedings in Eminent Domain for the Acquisition by Condemnation of Property for Park and Open Space Land near the Amazon Creek Headwaters in South Eugene Meeting Date: December 10, 2007 Agenda Item Number: 6 Department: City Attorney’s Office Staff Contact: Glenn Klein www.eugene-or.gov Contact Telephone Number: 682-5080 ISSUE STATEMENT This item is before the City Council for action regarding the possible acquisition, by condemnation if necessary, of the Beverly and Green properties. BACKGROUND In response to prior council direction, a public hearing was held on May 21, 2007, on an ordinance authorizing the use of eminent domain for acquisition of the two parcels in South Eugene. Action was scheduled to occur on July 9, 2007. On July 9, the council did not act on the ordinance, but instead, passed a motion that directed the City Manager to: a) obtain appraisals for the Beverly and Green properties based on low, medium, and high levels of development intensity, and to contract with whatever other consultants (besides the appraiser) are needed to develop the information that the appraiser needs for his or her appraisal; b) schedule a work session to bring back information related to the property, eminent domain and potential sources of money for the acquisitions; c) bring back the condemnation ordinance after the work session(s) with certain changes spelled out in the motion; and d) report back to the council after the City has contracted with the consultants about when the work session(s) can be held. The motion further directed that the sequence of action was first, bring back the appraisals; second, hold the work session (including executive session); and third, bring back the revised ordinance. A friendly amendment to the motion also stated that the work session should be held in October. A work session was held on October 22, 2007. As part of the materials and discussion for that work session, staff updated the council on the status of the preparation of analyses from the experts retained by the City, including the appraiser and the soils engineers. In addition, staff informed the council that some funds from the 2006 Parks, Athletic Fields and Open Space bonds could be used for acquisition of one or both of these parcels, and also addressed the question related to the possibility of personal liability if the source of funds was later determined to be an improper source. With respect to that latter issue, the October 22 Agenda Item Summary stated that the City Attorney’s Office concluded that councilors would not be personally liable should the council decide to use the bond proceeds and a court later determined that the bond proceeds should not have been used. F:\CMO\2007 Council Agendas\M071210\S0712106.doc