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ORDINANCE NO. 1413 <br />SERIES 2003 <br /> <br />AN ORDINANCE DESIGNATING CERTAIN PROPERTY AS BEING <br />REQUIRED FOR THE PUBLIC USE FOR THE HIGHWAY 42/96TM STREET <br />CONNECTION PROJECT AND AUTHORIZING THE ACQUISITION <br />THEREOF THROUGH NEGOTIATION AND/OR CONDEMNATION <br /> <br /> WHEREAS, the City of Louisville has previously authorized and approved the <br />Hi th . . <br /> ghway 42/96 Street Connection ProJect, for reconstruction and realignment of South <br />96tn Street through its connection with State Highway 42 (hereinafter referred to as the <br />"Project"); and <br /> <br />WHEREAS, the Project is for a public use and purpose; and <br /> <br /> WHEREAS, it is necessary to acquire the property more particularly identified <br />below for this Project; and <br /> <br /> WHEREAS, pursuant to law, including but not limited to Article XX of the <br />Colorado Constitution, the City has the authority to exercise the power of eminent domain, <br />and the purpose of this Ordinance is to authorize acquisition of the property identified herein <br />for such Project by negotiation and, if necessary, the institution of a condemnation <br />proceeding. <br /> <br /> NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF <br />THE CITY OF LOUISVILLE, COLORADO: <br /> <br /> Section 1. The City Council hereby designates the following property as <br />being needed for public use of and by the City of Louisville for the above-described <br />Project: That property referred to as Parcels R27C and R28A and legally described in <br />Exhibit A, attached hereto and incorporated herein by reference. <br /> <br /> Section 2. The City Council finds that the Project is a necessary and desirable <br />improvement and that the property described in Section 1 is needed and required for <br />public use and public purpose, to wit: the Highway 42/96th Street Connection Project. <br /> <br /> Section 3. The City Manager and Director of Public Works, or either of them, <br />and their representatives, are designated and authorized to conduct further negotiations <br />for the acquisition of the property described in Section 1, including the completion of any <br />further efforts to acquire the same as may be required by law to be made, prior to the <br />institution of eminent domain proceedings. <br /> <br /> Section 4. If the compensation to be paid for the property, or any matter <br />related to acquisition of the property cannot be agreed upon, special counsel retained by <br />the City is authorized and empowered to institute and prosecute to conclusion such <br />eminent domain proceedings as are available under Article 1 of Title 38, C.R.S. to <br /> <br /> <br />