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ORDINANCE NO. ~ao~S <br />AN ORDINANCE AUTHORIZING THE INSTITUTION OF <br />PROCEEDINGS IN EMINENT DOMAIN FOR THE ACQUISI- <br />TION OF PROPERTY INTERESTS ALONG AMAZON <br />CREEK BETWEEN BELTLINE ROAD AND SOUTHERN <br />PACIFIC RAILROAD AT TERRY STREET, FOR THE <br />PURPOSES OF CONSTRUCTION AND MAINTENANCE OF <br />DRAINAGE CHANNEL AND BIKE/PEDESTRIAN PATH <br />IMPROVEMENTS (JOB #2921). <br />The City Council of the City of Eugene finds that: <br />The City Council has authority under provisions of the City Charter and applicable state law to <br />institute proceedings in eminent domain for the acquisition of private property for public purposes, <br />including the improvement and maintenance of city drainage canals and bicyclelpedestrian paths. <br />By Council adoption of the City's Capital Improvement Plan the City of Eugene initiated the <br />acquisition of property along Amazon Creek interests for the continuing operation and maintenance <br />of drainage channels and other features. <br />The public's property interest in the present right-of way containing the Amazon Creek <br />Channel} is clouded. Because of the need to clarify the City's right to maintain the Channel, to <br />enhance the Channel's carrying capacity as a drainage facility and to put the right-of way to other <br />public uses, including plans for bicycle and pedestrian paths, the City needs to clarify its property <br />rights in the Channel's right-of-way and to purchase addition rights-of-way as needed. <br />Enhancing the Channel and using it to implement the Bicycle Element of the Eugene-Springfield <br />Metropolitan Area Transportation Plan avoids having to purchase other right-of-way for additional <br />drainage facilities and bicycle facilities in other parts of the community. Such alternate acquisitions <br />would be unduly disruptive to already developed private property in the drainage and transportation <br />