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HomeMy WebLinkAboutAdmin Order 44-97-03 ADMINISTRATIVE ORDER NO. 44-97-03 of the City Manager of the City of Eugene SPECIFYING PROCESS FOR RELOCATION OF THE SKINNER BUTTE CROSS AND PROVIDING AN EXCEPTION TO PUBLIC CONTRACT RULE R-1210. The City Manager of the City of Eugene finds that: A. No state law or City Code provision governs disposition of City-owned property such as the Skinner Butte Cross. B. Public Contract Administrative Rule R-1210 was adopted on January 30, 1996 by Administrative Order No. 44-95-06-F of the City Manager Pro Tem. C. Section R-121 O-G of those rules contains the procedures generally applicable to the disposition of surplus personal property and residential structures. Those provisions were not intended to address the disposal of the Skinner Butte Cross. D. The U. S. District Court entered judgment declaring that the existence of the cross on Skinner's Butte violates the United States Constitution and ordered that the cross be removed. The City Council created a committee to make a recommendation to the Council for relocation of the cross. The committee solicited public input and held a public hearing in order to develop proposals for disposal and/or relocation of the cross. The Eugene Bible College has advised that it is willing to accept the cross and assume all costs and expenses in connection with its relocation. After the public input and hearing, the committee recommended that the cross be transferred to the Eugene Bible College. The City Council adopted the committee's recommendation. E. Pursuant to Section 2.019 of the Eugene Code, 1971, the City Manager has authority to adopt administrative orders, adopt permanent and emergency rules, and adopt amendments to rules to carry out provisions of the Eugene Code, 1971 and City Council actions. Now, therefore, based on the above findings, The City Manager of the City of Eugene orders that: Notwithstanding any provision of Public Contract Administrative Rule R-121 0, the Skinner Butte Cross shall be transferred to the Eugene Bible College, providing the Eugene Bible College enters into an agreement with the City in which the Eugene Bible College assumes all costs and expenses associated with relocation of the cross, holds the Administrative Order - 1 City harmless therefrom, and complies with the Court imposed deadline for the cross' relocation. C1 Dated this .....:...L day of June, 1997. Administrative Order - 2 \II ~~ 2J?___ City Manager