HomeMy WebLinkAboutOrdinance No. 19789ORDINANCE NO. I ~? "~ ~ cI
AN ORDINANCE AUTHORIZING THE INSTITUTION OF PROCE-
EDINGS IN EMINENT DOMAIN FOR THE ACQUISITION OF
PROPERTY INTERESTS ALONG GREEN ACRES ROAD BETWEEN
NORKENZIE ROAD AND NORTH DELTA HIGHWAY FOR THE
PURPOSES OF CONSTRUCTION OF STREET IMPROVEMENTS;
AND DECLARING AN EMERGENCY.
The City Council of the City of Eugene finds that:
The City Council has authority under provisions of the City
Charter and applicable state law to institute proceedings in
eminent domain for the acquisition by condemnation of private
property for public purposes, including the improvement of city
streets and construction of curbs, gutters, sidewalks, and other
features.
The City of Eugene is in the process of improving City streets
and on January 14, 1991, the Council by motion approved the City
Engineer to proceed with preparation of plans and specifications
and call for bid for construction of the local improvement project
on Green Acres Road from Norkenzie Road tv North Delta Highway,
which includes street improvements consisting of paving, curbs,
sidewalks, storm drains and street lighting improvement.
The proposed improvements shall be in compliance with, and in
furtherance of , the plans and specifications to be prepared by the
City Engineer in accordance with provisions of Chapter 7 of the
Eugene Code, 1971, and applicable policies of the City of Eugene.
The costs of delaying the project, the savings from efficient
construction management techniques, and the need to facilitate the
safe and efficient movement of traffic and pedestrians requires the
City to act promptly to acquire the necessary property interests
for this project. Now, therefore,
THE CITY of EUGENE DOES ORDAIN A5 F4LLQWS:
Section 1. Based upon the above findings, which are incor--
posted herein by reference and hereby adopted, the City Council
of the City of Eugene does hereby find, declare, and determine
it necessary to acquire certain ownership interests in portions of
the parcels of real property more particularly described on exhibit
A attached hereto and incorporated herein by reference in order to
construct the improvements to Green Acres Road between Norkenzie
Road and North Delta Highway, including paving, curbs sidewalks,
storm drains, street lighting and other features in accordance with
the preliminary design prepared by the City Engineer and approved
by the City Manager.
Section ~. The City Council does hereby direct that the City
of Eugene shall institute negotiations with affected property
owners to acquire needed property and institute proceedings in
eminent domain for the condemnation of real property interests
described in Section 1, and, at least 20 days prior to the filing
of any action for condemnation to make a written offer to the
owners or parties having an interest therein of a stated amount as
compensation therefore and far any compensable damages to remaining
property.
Section 3. The City Council further directs that the City
Manager shall obtain for the City immediate possession of real
property interests described in Section 1 if negotiations will
delay the construction of the described improvements.
Section 4.
The City Council hereby declares that the
improvements set forth above are for a public purposes, are
necessary for the public welfare, and are authorized under the laws
of the State of Oregon and Charter and ordinances of the City of
Eugene.
Section 5. The City Council further declares that the real
property interests described in Section 1 shall be used by the City
of Eugene for public purposes at the earliest possible date and,
in any event, no later than ten years from the date this ordinance
is adopted by the Council and approved by the Mayor.
Section 6. That the matters contained herein concern the
public health, welfare and safety, and in order to make prompt
notification to property owners and avoid undue delays that could
increase construction costs, an emergency is hereby declared to
exist, and this Ordinance shall become effective immediately upon
its passage by the City Council and approval by the Mayor,
retention by the Mayor for more than ten days, yr readoption over
a mayoral veto by two--thirds of all members of the Council.
Passed by the City Council this
~(~`' ay o f `~J,~,~ , 19 91
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City Re rder
Approved by the Mayor this
~`t ay of ~ , 1991
ayor