HomeMy WebLinkAboutResolution 2024-08 CITY OF SPRINGFIELD, OREGON
RESOLUTION NO. 2024-08
RESOLUTION DIRECTING THE CITY ATTORNEY TO PETITION FOR REMOVAL OF
DISCRIMINATORY RESTRICTIONS ON TITLE TO CITY-OWNED REAL PROPERTY UNDER
ORS 93.274 AND ENCOURAGING SPRINGFIELD PROPERTY OWNERS TO DO LIKEWISE
WHEREAS, the Common Council of the City of Springfield ("Council") finds that homeownership is an
important pathway to wealth creation and housing stability within the City of Springfield;
WHEREAS, many older legal documents affecting title to residential real property include racial
covenants and other discriminatory restrictions on ownership that attempt to limit habitation of
property to only certain individuals, in contradiction to the Council's adopted housing policies, goals,
and strategies;
WHEREAS, racial covenants and other discriminatory restrictions are prohibited by the United States
Constitution's Equal Protection Clause and under ORS 93.270, and are not legally enforceable, although
they remain on title to many properties throughout the United States, in Oregon, and in the City of
Springfield;
WHEREAS, ORS 93.274 provides a low-barrier process for property owners to petition the state's
circuit courts to fully remove offensive and discriminatory restrictions; and
WHEREAS, the Council finds it in the public interest to support all Springfield property owners,
including the City, to petition Lane County Circuit Court to fully remove such restrictions from title to
any property whose title includes a racial covenant or other discriminatory restriction,
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD:
Section 1: The City Attorney is hereby directed to petition Lane County Circuit Court for the
removal of discriminatory restrictions under ORS 93.270, for any and all real property that contains
such restrictions. This section applies to all property now owned by the City of Springfield or acquired
by the City of Springfield after the effective date of this Resolution.
Section 2: All property owners in the City of Springfield are encouraged to investigate
whether their property contains discriminatory restrictions under ORS 93.270, and if so, to petition to
Lane County Circuit Court under ORS 93.274 or other law allowing for the removal of such covenants.
The City Manager is directed to provide informational resources to the public regarding filing a petition
under ORS 93.274, to aid Springfield property owners in making such petition(s).
Section 3: This Resolution will take effect immediately upon adoption by the Council and
shall remain in effect until terminated, amended, or superseded by future Resolution of the Council.
ADOPTED by the Common Council of the City of Springfield this 20thday of February, 2024,
by a vote of 5 for and 0 against. (1 absent-Blackwell)
ATTEST:
REVIEWED&APPROVED
.... ASTOFORM
DATE:
City Recorder SPRINGFIELD CITY ATTORNEY'S OFFICE
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