Ordinance 2003-1418 - Laserfiche WebLink

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ORDINANCE NO. 1418 SERIES 2003 AN ORDINANCE DESIGNATING CERTAIN PROPERTY AS BEING REQUIRED FOR THE PUBLIC USE FOR THE HIGHWAY 42/96TM STREET CONNECTION PROJECT AND AUTHORIZING THE ACQUISTION THEREOF THROUGH NEGOTIATION AND/ OR CONDEMNATION WHEREAS, the City of Louisville has previousiy authorized and approved the Highway 42/96th Street Connection Project, for reconstruction and realignment of South 96th Street through its connection with State Highway 42 (hereinafter referred to as the "Project"); and WHEREAS, the Project is for a public use and purpose; and WHEREAS, it is necessary to acquire the property more particularly identified below for this Project; and WHEREAS, pursuant to law, including but not limited to Article XX of the Colorado Constitution, the City has the authority to exercise the power of eminent domain, and the purpose of this Ordinance is to authorize acquisition of the property identified herein for such Project by negotiation and, if necessary, the institution of a condemnation proceeding. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LOUISVILLE, COLORADO: Section 1. The City Council hereby designates the following property as being needed for public use of and by the City of Louisville for the above-described Project, which is legally described as Parcel R51A-R1 and depicted Exhibit A, attached hereto and incorporated herein by reference. Section 2. The City Council finds that the Project is a necessary and desirable improvement and that the property described in Section 1 is needed and required for public use and public purpose, to wit: the Highway 42/96th Street Connection Project. Section 3. The City Manager and Director of Public Works, or either of them, and their representatives, are designated and authorized to conduct further negotiations for the acquisition of the property described in Section 1, including the completion of any further efforts to acquire the same as may be required by law to be made, prior to the institution of eminent domain proceedings. Section 4. If the compensation to be paid for the property, or any matter related to acquisition of the property cannot be agreed upon, special counsel retained by the City is authorized and empowered to institute and prosecute to conclusion such eminent domain proceedings as are available under Article 1 of Title 38, C.R.S. to acquire the property described in Section 1, and to apply for the immediate possession of such property.