01/14/1987 Meeting (3) - Laserfiche WebLink

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e problem with the board assuring compliance with the ordinance when the City Attorney's Office has indicated that four parts of the ordinance probably would be held unconstitutional. Several councilors asked questions about the ordinance. Answering questions from Ms. Ehrman, Ms. Pierce said the Municipal Court could be given jurisdiction over penal violations of the ordinance if the injunction provision was deleted and the fine was reduced to $2,500. Ms. Pierce said the $500 daily fine is not a problem for the Municipal Court but the equitable powers of the court should be studied. Replying to questions from Mr. Rutan, Ms. Pierce said the manufacture of something that might or might not be used in a missile is not prohibited by the ordinance. Conventional weapons are not addressed in the ordinance. Responding to questions from Ms. Wooten, Ms. Pierce said a component of a delivery system would not be within the scope of the ordinance unless it is specialized and enhances the delivery system. Mr. Sercombe said the ordinance requires the Nuclear-Free Zone Board to review contracts between a public agency and nucl ear weapons contractors. The ordi nance does not ban the contracts but suggests that their existence be publicized. Whether a research contract with the Department of the Navy would be affected by the ordinance would depend on the type of activities covered by the contract. If the contract involved the production of nuclear weapons systems, it might be covered by the ordinance. Contracts with every public institution within the city limits of Eugene are covered by the ordinance. e Answering questions from Mr. Holmer, Ms. Pierce said the production of nuclear power is defined in the ordinance as production for energy generation. She said a nuclear-fueled plant for producing electricity would be covered by the ordi nance. The ordi nance probably woul d not cover a therma 1 plant that produces electricity and uses nuclear energy in some way. Mayor Obie said nuclear power is produced at the Trojan Plant in Washington and some decisions about the plant are made by the Eugene Water and Electric Board (EWEB). Some of the power from the Trojan plant might be used in Eugene. Mr. Sercombe said nuclear power would have to be produced within the city limits to be subject to the ordinance. Answering questions from Mayor Obie about a $5,000 fee for anyone who succeeds in obtaining an injunction against violations of the ordinance, Ms. Pierce discussed Municipal Court jurisdiction and said there are problems with the amount of the fixed fee and the possibility that a violation of the ordinance might be a criminal offense. Replying to other questions from Ms. Wooten, Ms. Pierce said a nuclear-free zone ordinance in New Jersey that prohibited the use of nuclear wastes for food irradiation was declared unconstitutional. She said the issue needs to be studied. Mr. Sercombe said the Nuclear Free Zone Board would not have authority to review contacts between private companies but contracts between a public agency and private companies might be reviewed. Mr. Gleason discussed a vote in 1970 about nuclear power. e MINUTES--Eugene City Council January 14, 1987 Page 3