Legal Notices

Resolution No. 22-1062

RESOLUTION NO. 22-1062
Page | 1 City of Winston Oregon
Resolution No. 22-1062
A RESOLUTION OF THE CITY OF WINSTON, OREGON, CITY COUNCIL, DECLARING THE
PUBLIC NECESSITY FOR THE ACQUISITION BY NEGOTIATION OR CONDEMNATION OF
PROPERTY INTERESTS AT 275 HELWEG ROAD WINSTON, OR 97496 FOR THE
PURPOSE OF CONSTRUCTING A REPLACEMENT SEWER SIPHON ACROSS THE SOUTH
UMPQUA RIVER.
WHEREAS Under and by virtue of the laws of the State of Oregon, the City of Winston (the
“City”) is duly authorized and empowered to locate, acquire, construct, reconstruct, alter,
enlarge, renew, replace, operate and maintain a sewer system and associated facilities as in
the judgement of the City are necessary and proper for the area served by such system, and
the City after declaring the public necessity therefore may acquire by purchase, condemnation
proceedings or otherwise, such real and personal property, interests therein and rights-of-way,
either within or without the limits of the City as in the judgement of the City are necessary or
proper to exercise its powers; and,
WHEREAS The City Council has authority under provisions of the City Charter and applicable
state law to institute proceedings in eminent domain for the acquisition by condemnation
and/or public easement creation of private property for public purposes, including the
construction of a new South Umpqua inverted sanitary sewer siphon and appurtenances; and,
WHEREAS the existing South Umpqua inverted sanitary sewer siphon is located on the
property owned by Jeffrey and Bobbie Rowe that can further be described as tax lot 2000 in
Township 28 South Range 6 West, Section 15B, approximately 450 feet northwest of the
intersection of Helweg Road and Barnes Road and its replacement to be determined upon
engineering analysis and due diligence. The sewer siphon is designated in the sewer
comprehensive plan as a priority 1 project for system improvement because of its age and its
lack of ability to inspect and lack of ability to take it out of service; and,
WHEREAS the City has hired an engineer to design the replacement of the siphon and the
new design requires the acquisition of additional property and/or easements on the site; and,
WHEREAS the proposed improvements are in compliance with and in furtherance of the plans
and specifications prepared by the City’s engineer in accordance with provisions of the
Winston Municipal Code and applicable policies of the City of Winston; and,
WHEREAS the public good realized from the project far outweighs any damage the affected
property owner might sustain, particularly in light of the City’s obligation to provide just
compensation to the affected property owner; and,
WHEREAS the costs of delaying the project, the savings from efficient construction
management techniques, and the need to facilitate efficient continuous sewer flows requires
the City to act promptly to acquire the necessary property interests for this project.
NOW THEREFORE BE IT RESOLVED THAT, THE CITY OF WINSTON OREGON CITY
COUNCIL:
SECTION 1. Based upon the above findings, which are incorporated herein by reference and
hereby adopted, the City Council of the City of Winston does hereby find, declare and determine
it necessary to acquire certain ownership in fee and/or easement to the real property more