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HomeMy WebLinkAboutItem 08 Resolution of Necessity_Laura StreetAGENDA ITEM SUMMARY Meeting Date: 3/6/2023 Meeting Type: Regular Meeting Staff Contact/Dept.: Kristi Krueger/DPW Staff Phone No: 541-726-4584 Estimated Time: 05 Minutes SPRINGFIELD Council Goals: Maintain and Improve CITY COUNCIL Infrastructure and Facilities ITEM TITLE: RESOLUTION OF NECESSITY: LAURA ST. (P21188) law in order to move forward with the project. 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 LAURA ST. (P21155) PROJECT. ISSUE The City of Springfield in partnership with Lane County and ODOT is in the STATEMENT: process of designing the Laura Street 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. Laura Street Resolution of Necessity/Exhibit A DISCUSSION/ The City of Springfield in partnership with Lane County and ODOT is in the FINANCIAL process of designing the Laura Street project and is presenting this Resolution of IMPACT: Necessity pursuant to state law. The properties outlined in red and blue in Exhibit A are properties that have been previously annexed into the City. Due to the properties previously being annexed, the City is responsible for acquiring easements and right-of-way even though they may be adjacent to a section of Laura Street that has not been annexed yet. The majority of Laura Street has not been annexed into the City but will be annexed once Lane County completes the construction of the project. 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 this project in 2024. Adopting the Resolution of Necessity currently aids in keeping the project 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 LAURA STREET REDEVELOPMENT PROJECT (Project No. P21188) 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 Laura Street Redevelopment Project adopted through the City of Springfield Capital Improvement Program for Fiscal Years FY 23-27 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, permanent easements, and temporary construction easements for various properties along the project corridor as 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. {00027124:1} Attachment 1 Page 1 of 3 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 {00027124:11 Attachment 1 Page 2 of 3 Attachment 1 Page 3 of 3