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HomeMy WebLinkAboutOrdinance No. 20228 ORDINANCE NO. 20228 AN O~INANCE CONCERNING THE PUBLIC PURPOSE FOR WHICH PROPERTY WAS CONDEMNED UNDER ORDINANCE 19660. The City Council of the City of Eugene finds that: On January 17, 1990, Ordinance No. 19660 was adopted authorizing the institution of proceedings in eminent domain fbr the acquisition by condemnation of property interests in parcels of real property described on Exhibit A attached hereto ("the Property"). The public purpose for the condemnation was for construction of street improvements, public facilities, development and redevelopment contemplated in the Urban Renewal Plan fbr the Riverfront Research Park. B. Subsequent to the adoption of Ordinance No. 19660, the City commenced a condemmation action in Lane County Circuit Court to acquire the Property. On December 15, 1992, a Settlement Agreement was executed for the acquisition of the Property. C. At the time that the City commenced the condemnation action, the City contemplated that the Property would be used primarily fbr street access into the Pdverfront Research Park, and secondarily, for other uses consistent with the Urban Renewal Plan for the Riverfront Research Urban Renewal District. The City has determined that not all of the Property is necessary for the street access, and that a portion of the Property could be made available to Auto Craft in order to facilitate the Cky's acquisition of Auto Craft's property also located in the Urban Renewal District (on 8th Avenue). The City Council previously determined that acquisition of Auto Craft's property was necessary in order to ensure that the new' Federal Courthouse would be located downtown and within the Urban Renewal District. The Cotmcil therefore adopted a resolution authorizing condemnation of Auto Craft's property. D. Questions have been raised as to whether sale of a portion of the Property to Auto Craft falls within the p~blic purpose that provided the basis ~%r acquiring the Property. To remove all doubt, the Council can follow the process contained in ORS 35.410 to change the public purpose lbr which real. property was acquired. Although the Com~cil finds that a possible sale of a portion of the Property is consistent with one part of the public purpose for which the Property Yvas acquired (development and redevelopment consistent w/th the urban renewal plan), in order to reduce the risk of litigation, the Council finds it in the public interest to adopt this Ordinance confirming that a possible sale to Auto Craft is authorized. E. It is in the best interest of the public and for the public welfare to ensure that the public purposes for wh/ch the Property was condemned include the transfer of ownership of certain portions of the Property to other public or private entities. Ordinance- 1 NOW, THEREFORE, THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section L In addition to the public purposes identified in paragraph A above, the public purposes for which the Property can be used include the relocation of businesses within the Urban Renewal District where that relocation is required as a result ora determination by the City or by the Urban Renewal Agency of the City of Eugene that the business must be moved to accommodate another use. In particutm-, the public purpose can include a sale of a portion of the Property to Auto Craft, should the City Council decide to authorize such a sale. Section 2. The public purposes set forth in this Ordinance are necessary for the public welfare, are in the public interest, and are authorized under the laws of the State of Oregon and Charter and ordinances of the City of Eugene. Passed by the City Council th~s Approved by the Mayor this 14th day of May, 2001. City Recorder 14th day of May, 2001. Ordinance - 2 Rath~ Laurita M, Ruth, W~ll{am Foate~, Carol B, U~ ~ationa] Bank ~u~an~, Ore,on ~7401