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Ordinance No. 19575
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Ordinance No. 19575
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6/10/2010 3:45:32 PM
Creation date
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Council Ordinances
CMO_Document_Number
19575
Document_Title
Authorizing proceedings in eminent domain for acquisition by condemnation of real and personal property used for rendering electrical utility service located in Willow Creek area, owned by Lane Electric Coop and/or Lane County Electric Coop., Inc.
Adopted_Date
8/10/1988
Approved Date
8/10/1988
CMO_Effective_Date
9/10/1988
Signer
Brian B. Obie
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in the Willow Creek area can best be served if EWEB provides <br />electrical service to the billow Creek area, The least private <br />injury to LEC will occur if the transfer of territory occurs <br />soon. The City Council concludes that a public necessity exists <br />for the acquisition of property owned by LEC for any of these <br />reasons and does not rely on the accuracy of any particular <br />finding made above in reaching this conclusion. <br />13. Lane Electric Cooperative is presently providing <br />electricity to customers within the City of Eugene and using <br />public right-of~-way for these purposes. LEC has no franchise <br />from the City of Eugene for this purpose. <br />Now, therefore, based an the above findings, the findings <br />set out in the staf f report, and the record and testimony before <br />the Council, <br />THE CITY CF EUGENE DOES CRDAIN AS F4LLCWS: <br />Section 1. Based generally on the above findings, which are <br />adopted and incorporated herein, the City Council determines that <br />it is necessary to acquire ownership of the real and personal <br />property of the electric distribution system located in the <br />Willow Creek area and owned by Lane County Electric Cooperative, <br />Inc. and/ar Lane Electric Cooperative, Inc., a description of <br />which is attached hereto as Exhibit "A" and incorporated herein <br />as though fully set forth. <br />Section 2. The City Council directs that the City of <br />Eugene, acting by and through the Eugene Water & Electric Board, <br />at least twenty ~ 20 3 days prior to the filing of any action for <br />condemnation shall make a written offer to the owners or parties <br />having an interest in the property described in Exhibit "A" <br />attached hereto, of a stated amount as compensation therefor and <br />that if that offer is not accepted that proceedings in eminent <br />domain be instituted for the condemnation of the above described <br />property. <br />Section 3. The City Council declares that acquisition of <br />title to the property described on Exhibit "A" is necessary far <br />the public welfare and for the public purposes described in part <br />in the above findings, that acquisition of the property and <br />service to the affected territory by EWEB is consistent with the <br />greatest public good and least private injury, and that <br />acquisition of the property is authorized under the laws of the <br />State of Oregon and the Charter, ordinances, Metropolitan ,Area <br />General Plan and policies of the City of Eugene. <br />Section 4. The City Council further declares that the <br />property described on Exhibit "A" shall be used by the City of <br />Eugene far public purposes at the earliest possible date and, in <br />Ordinance ~- 4 <br />
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