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HomeMy WebLinkAboutOrdinance No. 18683ORDINANCE NO. ~ ~~ AN ORDINANCE AUTHORIZING THE INSTITUTION OF PROCEEDINGS IN EMINENT DOMAIN FOR THE ACCJUISI- TION BY CONDEMi~ATTOi~ OF TEMPORARY CONS TRUCTIDN PERMITS. AND PERMAi~E~~' T EASEME~i~TS FOR EXPANS IQN OF THE wILLAKET~'ZTE SANITARY SEWER PUMP STATION AND CONSTRUCTION aF THE EAST BASK IL~ITERCEPTOR SEWER FROM THE EYISTING SPRINGFIELD TREATMENT PLANT TO THE PROPOSED REGIONAL TREATME~~T PLANT; AND DECLARIi~G 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 emi- nent domain for the acquisition by condemnation of private prop- erty for public purposes, including the expansion of the wastewater treatment plant and the construction and ir~provement of sanitary sewers. The City of Eugene entered into an intergoYernmental agreement on February 9, 1977, with the City of Springfield .arid Lane County to establish a Metropolitan wastewater Management Commission for the purpose of constructing, operating and maintaining regional sewerage facilities in order to provide safe and efficient treat- ment of. sewage. The construction of the East Bank Interceptor Sewer from the existing Springfield treatment plant to the proposed regional treat- ment plant necessitates the acquisition of temporary construction permits and permanent easements across the parcels of real property illustrated on the attached exhibits, which in the City's judgment constitutes the most beneficial and practical location for the con- struction. The proposed impxo~ements are in compliance with and in fur- Ordinance - 1 18683 therance of the plans and specifications prepared by the City Engineer at the Council's direction and in accordance with provi-- lions of .the Eugene Code, 19x1 and applicable policies and agree- ments of the City of Eugene. i~~ow, therefore, THE CITY OF EUGENE DOES DRDAIN AS FQLLo~'~S: Section 1. Based upon the above findings, the City Council of the City of Eugene does hereby find, declare, and determine it neces- sary to acquire temporary construction permits and permanent easements on and across the parcels of real property illustrated on the exhibits attached hereto and incorporated herein by reference, in order ,to con- struct the East Bank Interceptor Sewer from the existing Springfield treatment plant to the proposed regional treatment plant. More par- ticular descriptions will be provided upon request, and in any event, prior to any acquisitions hereunder,. That the above improvements are in accordance with plans prepared by the City of Eugene Department of Public works and approved by the City Manager. Section 2. The .City Council does hereby direct that the City of Eugene shall institute proceedings in eminent domain for the con- demnation of the above described interests in real property, and, at least 24 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 da~tages to remaining property . Section 3, The City Council hereby declares that the improve- menu 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. ordinance - 2 18683 Section 4, The City Council further declares that the inter- ests in real property illustrated on the Exhibits attached hereto and incorporated herein by reference shall be used by the City of Eugene far 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 5.. 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 I~j day of ~ , 1980 r r City Recor er Approved by the Mayor this J~ day of 1980 Mayor Ordinance -~ 3. Exhibit "A" TemporaryPermit maps not attached; they are on file and available by written request to the Eugene City Recorder's Office.