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THE CITY GF EUGENE DGES GRDAIN AS FaLLC]wS: <br />i n 1. Based upon the above findings, which are incorporated herein by reference <br />and hereby adopted, the City Council of the City of Eugene does hereby end, declare, and <br />determine it necessary to acquire certain ownership interests to the parcels of real property more <br />particularly described on Exhibit A attached hereto and incorporated herein by reference in order <br />to acquire land for construction of improvements on Barger Drive from Terry Street to Greenhill <br />Road, including paving, curbs and gutters, street lights, street trees, wastewater and storm <br />drainage systems and other features; construction of a new northlsouth street along the west side <br />of the Bethel School District #SZ praperty including paving, curbs and gutters, street lights, street <br />trees, and wastewater and storm drainage systems; and construction of the Barger-Greenhill Pump <br />Station and associated wastewater system, all in accordance with the preliminary design prepared <br />by the City Engineer and approved by the City Manager or designee. <br />i n 2. The City Cauncil does hereby direct that the City Manager or the Manager's <br />designee shall institute negotiations with affected praperty owners} to acquire the needed property <br />interests and institute proceedings in eminent domain for the condemnation of the real property <br />interests described in Section ~, and, at least 20 days prior to the filing `of any action for <br />condemnation, ar within such time as may be required by state statute, whichever is greater, to <br />make a written offer to the owners or parties having an interest therein of a stated amount as just <br />compensation therefor and for any compensable damages to remaining property, <br />~i .n,,.,~. The City Council further directs that the City Manager or the Manager's <br />designee may obtain for the City immediate possession of the real property interests described in <br />Section ~ if negotiations will delay the design and construction of the proposed improvements . <br />i n 4. The City Council hereby declares that the improvements above set forth are <br />for a public purpose, are necessary far the public welfare, are the most compatible with the <br />greatest public good and the least private injury, and are authorized under the laws of the State <br />of Oregon and Charter and ordinances of the City of Eugene. <br />i n .The City Cauncil further declares that the real praperty interests described in <br />Section 1 shall be used by the City of Eugene far public purposes at the earliest possible date and, <br />in any event, no later than ten years from the date this ordinance is adopted by the Council and <br />approved by the Mayor. <br />Passed by the City Council this Approved by the Mayor this <br />~~day of September, 1997 <br />~• <br />City Recorder <br />Ordinance - 2 <br />~~day of September, 1997 <br />