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