Item B: Ordinance Concerning Eminent Domain/Two Parcles Adjacent to Madison Middle School

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Now, therefore, THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. Based upon the above findings, which are incorporated herein and adopted, the City Council of the City of Eugene does hereby find, declare, and determine it necessary to acquire certain ownership interests to the parcels of real property located north and east of the Madison Middle School, and more particularly described on Exhibits A and B attached hereto and incorporated herein by reference in order to acquire land necessary for a community park in Santa Clara. Section 2. The City Council does hereby direct that the City Manager or the Manager's designee shall undertake negotiations with affected property owners( s) to acquire the property interests needed for a community park. No less than 40 days prior to filing any action for condemnation of those property interests described in Section 1, the City Manager or designee shall make a written offer or offers to pay the owners of the property or persons having an interest therein a stated amount of compensation for the property interests and for any compensable damages to the remaining property, if any. If the written offer is not accepted within the time specified in the offer, the City Manager or designee shall institute proceedings in eminent domain for the condemnation of the real property interests described in Section 1. Section 3. The City Council does hereby declare that the acquisition of the fee title to the real property described on Exhibits A and B hereto is for a public purpose, is necessary for the public welfare, is the most compatible with the greatest public good and the least private injury, and is authorized under the laws of the State of Oregon and the Charter, Ordinances and policies of the City of Eugene. Section 4. The City Council further declares that the real property interests described in Section 1 shall be used by the City of Eugene for public purposes at the earliest possible date and, in any event, no later than ten years from the date this Ordinance is adopted by the City Council and approved by the Mayor. Section 5. In order to serve the important public purpose of securing park land in a timely manner, it is necessary for this ordinance to have immediate effect. This Ordinance shall become effective upon its passage by the City Council and approval by the Mayor, retention by the Mayor for more than ten days, or readoption over a Mayoral veto by two-thirds of all members of the City Council. Passed by the City Council this Approved by the Mayor this _ day of , 2007. _ day of , 2007. City Recorder Mayor Ordinance - 2