03/06/1989 Meeting (2) - Laserfiche WebLink

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e LEC for the value of its existing facilities in the transferred area and for other facility costs relating to the transfer. EWEB would begin providing service to the area no earlier than October 1989. The proposed agreement also provides LEC with payments of eight percent of revenues from the area for 20 years and stipulates that there will be no other boundary changes sought with LEC for 25 years without LEe's consent. Mayor Miller opened the public hearing. Charles Fadeley, 1399 Franklin Boulevard, spoke as a representative of Lane Electric Co-operative. Mr. Fadeley did not speak for or against the agreement because he said there continue to be what he considered important, substantial, and material disagreements about the language of the proposed agreement. Jim Saul, 111 West 7th Avenue, spoke as the representative of the owners of the Willow Creek Industrial Park (approximately 50 percent of the area encompassed in the proposed transfer). Mr. Saul spoke in support of the transfer of electric service from LEC to EWEB and indicated appreciation for the work of the three parties in reaching the proposed agreement. There ,being no further requests to speak, Mayor Miller closed the public hearing. e Ms. Brody indicated that paragraph eight of the agreement contained the disputed language referred to by Mr. Fadeley. City Attorney Tim Sercombe added that additional minor modifications relating to editorial style had been agreed to by all three parties. Responding to Mr. Bennett1s inquiry, Mr. Fadeley said the draft agreement before the council contained several changes and all but one change in paragraph eight had been agreed to by counsel for the City. Mr. Bennett requested advice from Mr. Sercombe regarding the additional changes. Mr. Sercombe indicated that the disagreements remaining would not materially change the intent of the agreement and were more textual than substantive. The City's primary obligations under the agreement are to reduce the in-lieu-of-tax payments and to respect the boundary line that has been drawn, and the changes being considered would not affect those obligations. Ms. Ehrman supported the agreement as an alternative to the cond~mnation action. Ms. Schue expressed approval for resolving disagreement without going to court or seeking a legislative settlement. Ms. Bascom noted that the City had made a significant compromise by giving up revenue in order to avoid a prolonged court action. Mayor Miller commended the involved parties for undertaking a process which demonstrates that public bodies can cooperate. e MINUTES--Eugene City Council March 6, 1989 Page 2