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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 />