Loading...
HomeMy WebLinkAbout2016-19 Exercising Eminent Domain - Hersey St Project RESOLUTION NO. 12016- \ A RESOLUTION EXERCISING THE POWER OF EMINENT DOMAIN RECITALS: A. The City of Ashland may exercise the power of eminent domain pursuant to its charter and the law of the State of Oregon generally, when the exercise of such power is deemed necessary by the City's governing body to accomplish public purposes for which the City has a responsibility. B. The City has the responsibility of providing safe transportation routes for commerce, convenience and to adequately serve the traveling public. C. The project or projects known as Hersey Street have been planned in accordance with appropriate engineering standards for construction, maintenance or improvement of said transportation infrastructure such that property damage is minimized, transportation promoted, travel safeguarded; and D. To accomplish the project or projects set forth above it is necessary to acquire the interests in property described in "Exhibit A," attached to this resolution and, by this reference incorporated herein; now, therefore. THE CITY OF ASHLAND RESOLVES 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 lease private injury. SECTION 2. The power of eminent domain is hereby exercised with respect to each of the interests in the property described in Exhibit A. Each is acquired subject to payment of just compensation and subject to procedural requirements of Oregon Law; SECTION 3. City's staff and Counsel 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 Ashland City Council. SECTION 4. City 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 5. This resolution was duly PASSED and ADOPTED this day of 2016, and takes effect upon signing by the Mayor. Page 1 of 2 This resolution was duly PASSED and ADOPTED this day of 2016, and takes effect upon signing by the Mayor. Barbara Christensen, City Recorder SIGNED and APPROVED this day of , 2016. Y n Stromberg, Mayor Zed as to form: ~h - c_-n_ David H. Lohman, City Attorney Page 2 of -2