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Council defers vote on transferring Heritage Center parcels for advanced nuclear project; members seek clawback language
Summary
Council deferred action on a resolution authorizing transfers of city-owned Heritage Center parcels to support an advanced nuclear fuel recycling facility after questions about deed terms, clawback language, pending transfers from DOE/GSA and an FAA 30‑day notice; company representatives said they would accept reasonable clawback protections.
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Council paused action on a proposed transfer of certain Heritage Center properties intended to support an advanced nuclear fuel recycling project and deferred the resolution until April to allow additional legal and procedural details to be finalized.
Staff said the proposal would authorize transfers of city-owned parcels — and permit future transfers of parcels that may come to the city from Heritage LLC, the U.S. Department of Energy (DOE) or the General Services Administration — to Oaklow/Oklo for the proposed facility. Staff emphasized that some parcels are not yet city-owned and that transfers would occur only once ownership is established; they also said prior council actions included rezoning about 146 acres within the proposed footprint.
Council members raised multiple concerns: whether transfers would be at no cost (staff said many transfers would be no-cost deeds), the need for clawback language in deeds to protect the city if purchasers failed to perform, the state's and FAA’s roles (one parcel’s deed abrogation requires FAA’s 30-day notice), and whether the city would have later opportunities to ratify detailed terms. The city attorney's office and manager will need to finalize standard deed/clawback language and consult the state.
Company representatives said they would accommodate clawback provisions if council wished. Several community members and economic-development representatives spoke in favor of careful protections and cited past examples where transferred property produced uneven results; council members asked for more specificity and time to review legal language and approvals. The resolution was deferred to the April meeting.
