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AGENDA ITEM SUMMARY

Meeting Date:

03/03/2025

Meeting Type:

Regular Meeting

Staff Contact/Dept:

Jeremy Sherer/Community Development

S P R I N G F I E L D
C I T Y C O U N C I L

Staff Phone No:

Estimated Time:

10 Minutes

Council Goals:

Maintain and Improve Infrastructure and Facilities

ITEM TITLE:

RESOLUTION OF NECESSITY: Filling in the Gaps– Safe Routes to School (SRTS) Capital Improvement Project (P21147).

ACTION REQUESTED:

Adopt/not adopt the following Resolution: RESOLUTION EXERCISING THE POWER OF EMINENT DOMAIN PURSUANT ORS 35.600 THROUGH 35.625 CONCERNING ACQUISITION OF PERMANENT RIGHT OF WAY AND TEMPORARY CONSTRUCTION EASEMENTS NECESSARY FOR THE FILLING IN THE GAPS – SAFE ROUTES TO SCHOOL CAPITAL IMPROVEMENT PROJECT (Project No. P21147)

ISSUE STATEMENT:

The City of Springfield is in the final process of design for the Filling in the Gaps– Safe Routes to School (SRTS) Capital Improvement Project and is requesting the Council adopt a resolution authorizing the acquisition of right-of-way and temporary construction easements needed for the project as required by law

DISCUSSION/FINANCIAL IMPACT:

The City of Springfield approved the “Filling in the Gaps” – Safe Routes to School (SRTS) Capital Improvement Project, City Project No. P21147 (ODOT Key No. 20236), was adopted by the City of Springfield “Capital Improvement Program 2025 to 2029” by motion on January 29, 2024, the appropriation of funds was approved on June 17, 2024 for the FY25 budget by resolution 2024-17 and through the Intergovernmental Agreement ODOT Contract No. 32511 (City of Springfield C2071) with the Oregon Department of Transportation, executed on June 9, 2018

The project is designed in a manner which is most compatible with the greatest public good and the least private injury. The improvement will be of a general benefit in helping improve conditions for students walking to and from school across Springfield and other people who wish to use sidewalks. The project’s right of way needs has been determined based on engineering design plans for this project to accommodate the new infrastructure.

Permanent right of way will be acquired from 12 separate properties under private ownership along 21st Street and E Street (See Exhibit B). To initiate condemnation proceedings, a Resolution of Necessity is required by state law (ORS35) to be adopted by the Council.

The purpose of the Resolution of Necessity places private property under the threat of condemnation to allow the City to proceed with condemnation proceedings in those cases where agreement on public acquisition cannot be reached. Right of Way Staff will negotiate in good faith and in compliance with state and federal laws to reach an agreement on just compensation. Should negotiations fail, other alternatives will be explored. Nevertheless, Right of Way Staff 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 the critical path of the project schedule, allowing for construction of this project to begin in 2025. Adopting the Resolution of Necessity currently aids in keeping the project on schedule.

Attachments

1. Resolution of Necessity