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O-2005-42
AN ORDINANCE
DECLARING THE INTENT OF THE CITY OF LAKEWOOD TO ACQUIRE INTERESTS IN PROPERTY FOR PUBLIC PURPOSES FOR THE CONSTRUCTION OF STREET IMPROVEMENTS AT THE SOUTHEAST CORNER OF THE INTERSECTION OF SOUTH WADSWORTH BOULEVARD AND WEST OHIO AVENUE FOR THE WADSWORTH BOULEVARD AT OHIO AVENUE PROJECT, AUTHORIZING NEGOTIATIONS WITH PROPERTY OWNERS, ACCEPTANCE OF CONVEYANCE INSTRUMENTS, AND CONDEMNATION OF REAL PROPERTY INTERESTS
WHEREAS, the City Council of the City of Lakewood has heretofore funded the Wadsworth Boulevard at Ohio Avenue Project at the intersections of South Wadsworth Boulevard and West Ohio Avenue, (hereinafter "Project") by adopting Resolution 2005-75 and appropriating the funds necessary for the Project for this fiscal year; and
WHEREAS, in furtherance of the Project, the City Council desires to accomplish the following:
A. Declare City of Lakewood's intent to acquire interests in property for public purposes necessary for the Project in fulfillment of the requirements of Section 38-1-121, C.R.S.;
B. Authorize negotiations for and acquisitions of such property interests as may be necessary for the Project, pursuant to Chapter 3.04 of the Lakewood Municipal Code;
C. Accept the instruments of conveyance of the property interests acquired for the Project pursuant to this Ordinance; and
D. Authorize the City Attorney to institute condemnation proceedings to acquire the property interests necessary for the Project, in the event that the City is unable to acquire the interests despite good faith efforts to do so.
NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Lakewood, State of Colorado, that:
SECTION 1. The City Council of the City of Lakewood hereby finds that the
Project will serve a public purpose by constructing street improvements and
other related improvements to improve traffic flow through the intersection
and furthering the health and welfare of the citizens of Lakewood. The City
Council further finds that it is necessary to acquire certain property interests,
described in Section 2 herein, to further said public purposes.
SECTION 2. The City Council of the City of Lakewood hereby declares its intent
to acquire property interests for public purposes, including but not limited
to interests in fee simple, permanent easements, temporary construction easements,
and improvements contained therein, as may be necessary for the Project. A description
of the Project, as Exhibit "A," is attached hereto and incorporated
herein by this reference. At such time as the City Manager, acting by and through
the Property Management Division, identifies with particularity the property
interests necessary for the Project, notice of an intent to acquire the interests
in property shall be given as required by Section 38-1-121, C.R.S.
SECTION 3. The City Manager, by and through the Property Management Division of the Department of Finance of the City of Lakewood, is hereby authorized to negotiate in good faith and to acquire the property interests necessary for the Project, pursuant to Chapter 3.04 of the Lakewood Municipal Code. Negotiations shall be based upon appraisal reports which have been approved by the City Manager. The City Manager is hereby authorized to make offers to any property owner based upon the appraisal reports and to execute agreements for acquisition of property. The City Manager shall obtain City Council approval, by Resolution, before executing any agreement for a purchase price which is both in excess of Fifteen Thousand Dollars ($15,000.00) and in excess of said approved appraisal with any single property owner.
SECTION 4. The City Council, on behalf of the City of Lakewood, hereby accepts, upon recordation, the instruments of conveyance of the property interests acquired for the Project pursuant to this Ordinance.
SECTION 5. The Director of Finance is hereby authorized and directed to pay the amounts set forth in the contracts and agreements herein provided for upon receipt of appropriate documentation.
SECTION 6. In the event that the City is unable to negotiate an agreement
for the acquisition of any interest in property necessary for the Project, despite
good faith efforts to do so, the City Attorney is hereby authorized, on behalf
of the City of Lakewood, to exercise the power of eminent domain vested in the
City pursuant to Section 14.4 of the Charter for the City of Lakewood. At that
time, the City Council shall identify by Resolution the property interests to
be acquired by condemnation pursuant to the authority bestowed upon the City
Attorney by this Ordinance, and the City Attorney shall proceed to condemn the
interests in the property needed to complete the Project.
SECTION 7. The City Attorney is further authorized to apply for immediate possession
of the property interests determined necessary for the Project, and the City
Treasurer and all other officers and agents of the City are authorized and directed
to cooperate with the City Attorney in the condemnation, to make any deposits
and payments as may be necessary for acquisition of the property interests,
and to pay the costs thereof and the condemnation award as it may be finally
determined.
SECTION 8. The City Attorney is further authorized to employ such expert witnesses, including appraisers, as the City Attorney determines necessary for the purposes of the condemnation authorized by this Ordinance, and the City Treasurer and Director of Finance are directed to pay the costs and expenses of employing the expert witnesses and appraisers.
SECTION 9. Nothing herein is intended to authorize the expenditure of monies in excess of the funds appropriated for the Project.
SECTION 10. This ordinance shall take effect thirty (30) days after final publication.
I hereby attest and certify that the within and foregoing ordinance was introduced and read on first reading at a regular meeting of the Lakewood City Council on the 12th day of December, 2005; published by title in the Rocky Mountain News and on the City of Lakewood's website, www.lakewood.org., on the 15th day of December, 2005; set for public hearing on the 9th day of January, 2006; read, finally passed and adopted by the City Council on the 9th day of January, 2006 and, signed and approved by the Mayor on the 10th day of January 2006.
Stephen A. Burkholder, Mayor
ATTEST:
Margy Greer, City Clerk
APPROVED AS TO FORM:
Roger Noonan, City Attorney
Exhibit "A"
The property interests need to be acquired for this project are across the property at 810 South Wadsworth Boulevard and 823 South Vance Street at the southeast corner of the intersection of South Wadsworth Boulevard and West Ohio Avenue.
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