HomeMy WebLinkAboutOrdinance No. 20061ORDINANCE NO.
AN gRDINANCE AUTHORIZING THE INSTITUTION qF
PROCEEDINGS IN EMINENT DOMAIN FUR THE
ACQUISITION OF EASEMENT INTERESTS FUR
SANITARY SEWERS IN THE SANTA CLARA AREA FUR
BASIN "S" ~JUB #292$x; AND DECLARING AN
EMERGENCY,
The City Council of the City of Eugene finds that:
A. 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 construction and operation of sanitary sewers.
B. The City of Eugene is in the process of constructing sewers in the Santa Clara area
in conformity with the Metropolitan Area General Plan and the Council approved Capital
Improvement Plan.
C. The proposed improvements are incompliance with and in furtherance of the plans
and specifications prepared by the City Engineer in accordance with provisions of Chapter 7 of
the Eugene Code, I97I and applicable policies of the City of Eugene.
D. In determining the location of the easements and right-of way to be acquired,
consideration was given to avoiding planned structures to minimize the costs of maintaining and
operating the proposed sewer improvements; to minimize disruption to existing vacant areas that
could develop in the future by locating the easements along preliminarily approved right-of way
and lot lines; and to selecting locations for the proposed sanitary sewers that were the most direct,
thereby reducing the costs of construction.
E. The public good from the sewers far outweighs any damage which the property
owner might sustain, particularly in light of the City's obligation to provide just compensation to
the affected property owner and the City's effectiveness to keep the cost of sewers and
assessments as modest as possible.
F. The costs of delaying the project and the savings from efficient construction
management techniques require the City to act promptly to acquire the necessary property interests
for this project. Now, therefore,
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Ordinance -1
Section 1. Based upon the above findings, which are incorporated 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 easement interests in and to the real property more particularly
described on Exhibit A attached hereto and incorporated herein by reference in order to construct
and maintain the sanitary sewer in accordance with the design prepared by the City Engineer and
approved by the City Manager ProTem.
Section Z. The City Council does hereby direct that the City Manager Pro Tem or the
Manager's designee shall institute negotiations with affected property owners} to acquire the
needed property interests and institute proceedings in envnent domain far the condemnation of the
real property interests described in Section 1, and, at least 20 days prior to the ding 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 therefor and for any compensable damages to remaining property.
Section 3. The City Council further directs that the City Manager ProTem or the
Manager's designee shall obtain for the City immediate possession of the real property interests
described in Section i if negotiations will delay the construction of the described improvements .
Se tion 4. The City Council hereby declares that the improvements above set forth are
for a public purpose, are necessary for the public welfare, are the most compatible with the
greatest public good and the least private injury, and are authorized under the laws of the State
of Oregon and Charter and ordinances of the City of Eugene.
ection 5. The City Council further declares that the real property interests described in
Section i 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 aid
approved by the Mayor.
Section 6. The matters contained herein concern the public welfare and safety and
therefore, 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 Ma or, retention b the
Y Y
Mayor for more than ten days, or readoption over a Mayoral veto by two-thirds of all members
of the City Council.
Passed by the City Council this
day of September, 1996
City Record
Approved by the Mayor this
day of September, 1996
Mayor
ordinance - 2
EXHIBIT "A"
17-a4- ~ 2-40-02000
Hughes Leland G & J S
31929 awl Road
Eugene 0R 97405
17-04-1240-02002
Sears Victor w & Grace M
%Mold Harvey K & Shirely A
1355 Fir Acres Drive
Eugene aR 97401
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