HomeMy WebLinkAboutItem 07 Resolution of Necessity_S 28th Street Paving ProjectAGENDA ITEM SUMMARY
Meeting Date:
Meeting Type:
Staff Contact/Dept.:
Staff Phone No:
Estimated Time:
2/21/2023
Regular Meeting
Kristi Krueger/DPW
541-726-4584
5 minutes
SPRINGFIELD Council Goals: Maintain and Improve
CITY COUNCIL Infrastructure and
Facilities
ITEM TITLE: RESOLUTION OF NECESSITY: S. 28TH STREET. PAVING PROJECT
(P21155).
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 RIGHT OF WAY NECESSARY FOR THE
S.28TH STREET PAVING PROJECT (P21155).
ISSUE The City of Springfield in partnership with Lane County and ODOT is in the
STATEMENT: process of designing the S.28' Street Paving project and is requesting the Council
adopt a resolution authorizing right-of-way acquisition needed for the project as
required by law in order to move forward with the project.
ATTACHMENTS: 1. S.28r' St. Resolution of Necessity and Exhibit A
DISCUSSION/ The City of Springfield in partnership with Lane County and ODOT is in the
FINANCIAL process of designing the S.28t' Street Paving project and is presenting this
IMPACT: Resolution of Necessity pursuant to state law.
The 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 does not expect the
acquisition process to get to this point and will work with the City Attorney's office
to make every attempt to reach agreement before proceeding with condemnation.
The right-of-way process is in the critical path of the project schedules to begin
construction of these projects in 2024. Adopting the Resolution of Necessity
currently aids in keeping the projects on schedule.
RESOLUTION NO.
RESOLUTION EXERCISING THE POWER OF EMINENT DOMAIN AND
AUTHORIZING A RESOLUTION PURSUANT TO ORS 223.005, ORS 223.105
AND ORS 35.600-625 CONCERNING ACQUISTION RIGHT OF WAY
NECESSARY FOR THE S. 28TH STREET PAVING PROJECT
(Project No. P21155)
WHEREAS, the City of Springfield may exercise the power of eminent domain pursuant
to Springfield City Charter, Oregon Revised Statutes Chapter 35, and the law 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 of Springfield has the responsibility of providing safe
transportation routes for commerce, convenience and to adequately serve the traveling
public;
WHEREAS, the project known as the S. 28th Street Paving Project adopted through
the City of Springfield Capital Improvement Program for Fiscal Years FY23-27 by the
Common Council of the City of Springfield on January 18, 2022, has been planned in
accordance with appropriate engineering standards for the construction, maintenance
or improvement of said transportation infrastructure such that property damage is
minimized, transportation promoted, travel safeguarded;
WHEREAS, to accomplish the project or projects set forth above, it is necessary to
acquire permanent road right of way, temporary construction easements, and
permanent easements for various properties along the project corridor shown in
"Exhibit A" attached to this Resolution and, by this reference incorporated herein;
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 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 easement interest in property described in Exhibit A. Each is acquired subject to
payment of just compensation and subject to procedural requirements of Oregon law.
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Section 3: The City of Springfield's staff, attorneys and consultants 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: The City of Springfield expressly reserves its jurisdiction to determine the
necessity or propriety of any acquisition, its quantity, quality, or locality and to change
or abandon any acquisition.
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
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