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F. The City Council conducted a public hearing on the remand issues on April 14, 1997. <br />Additional evidence was received at this public hearing. The hearing record was kept open for <br />additional written testimony until Apri128,1997. <br />G. The Council met again on May 7,1997 and considered all of the testimony and evidence on <br />the remand issues. <br />NUw, THEREFORE, <br />THE CITY GF EUGENE DUES ORDAIN AS FULLUV~S: <br />Section 1. The above findings are adopted. The City Council also adopts the findings <br />attached hereto as Exhibit A, entitled "Remand Findings opus development Corp. v. City of <br />Eugene," and incorporates those Endings into this ordinance by reference. All of these findings <br />are the "findings adopted by this ordinance." <br />Section 2. The findings adopted by this ordinance supplement findings previously adopted <br />as Exhibit A to Ordinance No.19977 and Exhibit C to Ordinance No.19978, and those <br />ordinances are amended to this effect. The findings adopted by this ordinance supplement <br />findings previously adopted as Exhibit C to Final Orders whiteaker Plan implementation <br />Changes in Zoning Districts, Z 93-13 to Z 93-3~ and those rezoning orders are amended to this <br />effect, The Endings adopted by this ordinance operate as additional justification for the ado tion <br />p <br />of Ordinance Nos.19977,19978 and 19979 and these rezoning orders. it is not the intent of the <br />Council to re-adopt these ordinances and rezoning orders except to the extent needed to make the <br />f ndings adopted by this ordinance. <br />Section 3, in the event of any conflict between the findings adopted by this ordinance and <br />any other previously adopted finding made in connection with the whiteaker Plan land use <br />decisions, the findings adopted by this ordinance control. <br />Section 4, The findings adopted by this ordinance provide a number of alternative <br />justifications far the Whiteaker Plan land use decisions. it is not the intent of the Council to rely <br />on any particular factual statement or f nding in approving the continuance of the challenged <br />ordinances and rezoning orders. Should any section, sentence, phrase or portion of the findings <br />adopted by this ordinance beheld invalid, unsupported or unlawful by any state agency or court <br />of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent <br />provision and such holding shall not affect the validity of the remaining portions of the f ndings <br />or of this ordinance. <br />Section 5. The matters contained herein concern the public welfare and safety, and it is <br />necessary for this ordinance to go into immediate effect for the preservation of the peace, health <br />Ordinance - 2 <br />