HomeMy WebLinkAboutResolution 2023-03 RESOLUTION NO. 2023-03
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.
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 6th __ day of
February 2023, by a vote of 5 for and _ 0 against.
ATTEST:
City Recorder
REVIEWED&APPROVED
AS TO FORM
Mary3rid.c� Smith
DATE: February ORN
6,2023
SPRINGFIELD CITY ATTEY'S OFFICE
Resolution No. 2023-03
Exhibit A Page 1 of 1
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
Resolution No. 2023-03