Loading...
HomeMy WebLinkAboutOrdinance No. 19141ORDINANCE NO. ~~_ AN ORDINANCE AUTHORIZING THE INSTITUTION CF PROCEEDINGS IN EMLNENT DOMAIN FQR THE ACQUISI- TION BY CONDEMNATION OF PROPERTY INTERESTS FOR THE CONSTRUCTION OF THE WESTSIDE TRUNK SEWER FROM BARGER DRIVE AND TERRY STREET TO THE DANEBO PUMP STATION; AND DEC~+ARING 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 construction, maintenance, operation, expansion and improvement of the sanitary sewerage system. The construction of the Westside Trunk Sewer from Barger Drive and Terry Street to the Danebo pump station necessitates the acqui- sition by the City of certain property rights in the parcels of real property described on the attached exhibit, which in the City's judgment constitutes the most beneficial and practical location for the construction. The proposed improvements are in compliance with and in further- once of the plans and specif icativns prepared by the City Engineer at the Councilfis direction and in accordance with provisions of the Eugene Code, 1971 and applicable policies and agreements of the City of Eugene. The costs of delaying the project, the savings from efficient construction management techniques and the need tv promptly provide sanitary sewers to serve west Eugene require the City to act promptly to acquire the property interests for this project. Now, therefore, THE CITY OF EUGENE DOES ORDAIN AS FOI,Z~OWS: Ordinance - 1 Iq/y/ Section 1. Based upon the above findings, which are incorpor- ated 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 permanent easements and temporary construction easements to the parcels of real property more particularly described on the exhibit attached hereto and incorporated herein by~reference, in order to construct the Westside Trunk Sewer from Barger Drive and Terry Street to the Danebo pump station, all to be constructed in accordance with plans prepared by the City of Eugene~Department of Public Works and approved by the City Manager. 5ectian 2. The City Council does hereby direct that the City of Eugene shall institute proceedings in eminent domain for the con- demnation of the 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 therefor and for any com- pensable damages to remaining property. Section 3. The City Council further directs that the City of Eugene shall obtain immediate possession of the real property inter- ests described in Section 1 if negotiations will delay the construc- tion of the described improvements. Section 4. The City Council hereby declares that the ~improve- meats above set forth are for a public purpose, 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 S. The City Council further declares that the real property interests described in Section 1 shall. be used by the City Ordinance -- 2 lql~/ 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 provisions contained herein concern the public welfare and therefore, an emergency is hereby declared to exist, and this Ordinance shall be effective immediately upon its passage by the City Council and approval by the Mayor. Passed by the City Council this day of May, 1983 City Re order Approved by the Mayor this day of May, 983 ~~ ~._ Mayor ordinance ~ 3 W H (Y, H W a3 ww a cn 0 H ax H az ~ ~ H yl {Y,~ x ~ ~ W W W Q O H H H x cn C7 W H ~ a 0 ~ o 0 ~ ~ o ~ a o ~ ~ (~ N H I \ ~ Q, N ~ I ~ ~' O ~ I ~ ~ H ~ ~ o ~ .u ~ ~U ~~ ~ ~ ~ o~ o v~ ~ ~ s~ ~ ~o ~ Q~ U N ~~ ~4 ~ r~ I~ ~ ~ ~ ~ I~ ~ Q?N~ ~ ~ +~ ~ ~ ~ ~ ~~~ ~ ~~ N ~ o~ H N fV a l~ ~ w og ~ ~~ ~ +~ ~ f ort o ~ ~ ~r ~ ~~ ~ ~ ~v ~ ~~ x ~ ~ o a~~~o ~ ~ao~ ~ ~Ix~~ ° ~, o ~ ~ ~ ~ Q (~ •r~ ~ .. ~ +~ a~ o A ~ ~ ~ ~~~~ ~ ~ oa~~n~ o w ~a~-w N R~ ~i O a /9/y1 o ~ ~ ~ ~ o O 0~ o N ~ © 0 0 0 ~, ~-~# 00 N ! ~ ~ rl N O ~ 0 0 0 0 I I I I ~ 0 0 0 0 ~ N N N N i I I i ~ d' d' ~ ~+ ~ 0 0 0 0 .,~ i I I I [~ ti ~ ~ ~ U ~ ~ ~ ~ ~ U N •n 0 0 0 0 ~ 0 ~ ~ ~ ~ ~ ~ ~ ~ ~~ ~ ~~ ~~ ~ ~ a~~ ~ o~ cn o o roo a ~o ~o ~ U U U U N U N U i~ !~ ~ ~ I~ ~ I~ ~ ~ a+~ ~o~o~ ~o-N ~o+~ •n ~ I~ ~ Qa I~ Ra ~ ~ a I~ ~ I~ ~ '~ ~~ vvov°~ ~o °~ r~ ~ ~~ ~ ~ ~ ~ ~ ~ ~~ ~~t~~~ ~~~ ~~~ ~~ ~~o~o ~~v ~~~ ~, ~ ~~ 0 00 ~o ~ N CV M i.t'3 ~-I d' N i.C? R~ N .~ ~ ~ ~ a ~ a~ o ~~ ~ Q ~a o~ ~ o .r.., di N ~ N •~ N ~ o © o ~ o ~ ~ ~ ~ ~ ~ ~ U ~ U~ ~~~ •~ ~ ,~ ~ ~ ~ ~ ~~~ ~~~~ a~ a~ ~ ~~ ~ ~ I~ I~~~o~ ~o~ ~~~~ ~ ~ o ~a~~~o v~o Sao ~ ~~ ~ o~ro~~ u~~ ~ ~v ~ o r~~ o wog as ~ a~~a~ ~ ~ ~ ~ ~~ ~~~ ~~~ o •~ o ~ ~~o ~o ~HUo ~ ~ ~ ~ s~ ~ ~ U ~ a ~ p ~ .,..I ~ ~ o ~~ a .~ ao I~a~ ~o~~ ~~~ ~ ~~~ ~ ~ ~ ~~ ~ o ~~ v o~~~~a~ ono ~a~~~ ~~ o ~ ~~~~~ ~~~ a~~~~ ~a~ ~~- ~ oa~or-~ ~~i~ ~~~~ ~ wN w ~~A~w hew ww~w ~~ o~ ~~ 0 •~+ ~, N ~ ~ •~I NU •~ ~ ~ N cn di to ~ 0 ~~ H~