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HomeMy WebLinkAboutItem 12 Jasper Trunk Sanitary Sewer ExtensionAGENDA ITEM SUMMARY SPRINGFIELD CITY COUNCIL Meeting Date: Meeting Type: Staff Contact/Dept.: Staff Phone No: Estimated Time: Council Goals: 2/6/2023 Regular Meeting Jesse Jones/DPW 541-726-3720 05 Minutes Maintain and Improve Infrastructure and Facilities ITEM TITLE: RESOLUTION OF NECESSITY: JASPER TRUNK SANITARY SEWER EXTENSION — PHASE 3 (P21065) ACTION Adopt/not adopt the following Resolution: RESOLUTION EXERCISING THE REQUESTED: POWER OF EMINENT DOMAIN AND AUTHORIZING A RESOLUTION PURSUANT TO ORS 223.005, ORS 223.105 and ORS 35.600-625 CONCERNING ACQUISTION OF EASEMENTS AND/OR RIGHT OF WAY NECESSARY FOR THE JASPER TRUNK SANITARY SEWER EXTENSION — PHASE 3 PROJECT (P21065) ISSUE The City of Springfield is in the process of designing the Jasper Trunk Sanitary STATEMENT: Sewer Extension — Phase 3 project and is requesting the Council adopt a resolution Authorizing Easement and/or Right of Way Acquisition needed for the project as required by law. ATTACHMENTS: 1. Jasper Trunk Sanitary Sewer Extension — Phase 3 - Project Location Map 2. Resolution of Necessity DISCUSSION/ The City of Springfield is in the process of designing the Jasper Trunk Sanitary FINANCIAL Sewer Extension — Phase 3 project and is presenting this Resolution of Necessity IMPACT: pursuant to state law. The Project goal is to successfully negotiate with the property owners and come to an agreement to acquire property, temporary construction easements and permanent easements needed for the project. The purpose of the Resolution of Necessity is to allow the City to proceed with condemnation proceedings in those cases where agreement on public acquisition cannot be reached. Staff and the City Attorney's office will make every attempt to reach agreement before proceeding with condemnation. The right-of-way process is in the project schedule's critical path in order to begin construction of this project in 2024. Adopting the Resolution of Necessity at this time aids in keeping the project on schedule. 60REGION FIELD CITY OF SPRINGFIELD, OREGON JASPER TRUNK SEWER - PHASE 3 PROJECT NUMBER PXXXXX MARCH 2022 60% — SUBMITTAL VICINITY MAP SCALE: V-3,500' NOTE: SEE SHEET G-2 FOR INDEX OF DRAWINGS AND PROJECT KEY MAP. Attachment 1 Page 1 of 1 s LOCATION MAP SCALE: 1"=1,100 RESOLUTION NO. RESOLUTION EXERCISING THE POWER OF EMINENT DOMAIN AND AUTHORIZING A RESOLUTION PURSUANT TO ORS 223.005, ORS 223.105 224.020 AND ORS 35.600-625 CONCERNING ACQUISTION OF PERMENANT AND TEMPORARY CONSTRUCTION EASEMENTS NECESSARY FOR THE JASPER TRUNK SEWER PROJECT (PHASE 3) (Project No. P21065) WHEREAS, the City of Springfield may exercise the power of eminent domain pursuant to the Springfield City Charter and the laws of the State of Oregon, generally, when the exercise of such power is deemed necessary by the governing body to accomplish public purposes for which the City of Springfield has responsibility; WHEREAS, the City has the authority to engage in activities that promote the health, safety, benefit and general welfare of the public and is authorized to acquire, own, construct, and operate utilities and sewer systems within and without city limits; WHEREAS, the project known as the Jasper Trunk Sewer Project has been planned in accordance with appropriate engineering standards for the construction, maintenance or improvement of sanitary sewer system so that health and property damage risk is minimized, economic development promoted, and environmental laws upheld; WHEREAS, to accomplish the project or projects set forth above, it is necessary to acquire permanent and temporary construction easements in the property described in Exhibit A, attached to this resolution and by this reference incorporated herein; WHEREAS, the public good realized by this project far outweighs any damage that the property owners might sustain, particularly in light of the City's obligation to provide just compensation to the affected property owners; NOW, THEREFORE, based on the above findings, the Common Council of the City of Springfield does hereby resolve as follows: Section 1: The foregoing statements of authority and need are, in fact, the case. The project or projects for which the property is required and is being acquired are necessary in the public interest, and the same have been planned, designed, located, and will be constructed in a manner which will be most compatible with the greatest public good and the least private injury. Section 2: The power of eminent domain is hereby exercised with respect to acquiring the right of way and easement interests in property described in Exhibit A. Each is acquired subject to payment of just compensation and subject to procedural requirements of Oregon law. {00027158:3} Attachment 2 Page 1 of 3 Section 3: The City of Springfield's staff and attorneys are authorized and requested to attempt to agree with the owner and other persons in interest as to the compensation to be paid for each acquisition, and, in the event that no satisfactory agreement can be reached, to commence and prosecute such condemnation proceedings as may be necessary to finally determine just compensation or any other issue appropriate to be determined by a court in connection with the acquisition. This authorization is not intended to expand the jurisdiction of any court to decide matters determined above or determinable by the City of Springfield. Section 4: If the City of Springfield and the owners or persons in interest as to the compensation paid for each acquisition as described in Exhibit A agree on the amount of just compensation, the City Manager is authorized to negotiate and execute acquisition agreements for those properties. Section 5: Upon the trial of any suit or action instituted to acquire the real property or any interest therein, the attorneys acting for and on behalf of the City Springfield be and hereby are authorized to make such stipulation, agreement or admission as in their judgment may be for the best interest of the Jasper Trunk Sewer Project (Phase 3). Section 6: The Common Council further declares that the real property interests described in Exhibit A shall be used by the City of Springfield for public purposes at the earliest possible date and, in any event, no later than ten years from the date this Resolution is adopted by the Council. Section 7: This Resolution shall take effect upon adoption by the Council and approval by the Mayor. ADOPTED by the Common Council of the City of Springfield this day of , 2023, by a vote of for and against. ATTEST: City Recorder {00027158:3} Attachment 2 Page 2 of 3 EXHIBIT A Map and Tax Lot Owner 18-02-04-00-02500 Gly Investments 18-02-10-00-00200 Milland Properties 18-02-10-00-00700 UPRR 18-02-09-00-00103 Springfield Ranch I 18-02-10-00-00900 Leona Person {00027158:3} Attachment 2 Page 3 of 3