|
|
 |
O-2006-20
AN ORDINANCE
DECLARING THE INTENT OF THE CITY OF LAKEWOOD TO ACQUIRE INTERESTS IN PROPERTY FOR PUBLIC PURPOSES FOR THE CONSTRUCTION OF TURN LANES, TRAFFIC SIGNALS AND SIDEWALK IMPROVEMENTS AT THE INTERSECTION OF WEST COLFAX AVENUE AND SIMMS STREET FOR THE COLFAX AT SIMMS INTERSECTION IMPROVEMENT PROJECT, AUTHORIZING NEGOTIATIONS WITH PROPERTY OWNERS, ACCEPTANCE OF CONVEYANCE INSTRUMENTS, AUTHORIZATION TO CONVEY THE FEE SIMPLE PARCELS ACQUIRED ON THIS PROJECT ADJACENT TO STATE RIGHT-OF WAY TO THE COLORADO DEPARTMENT OF TRANSPORTATION, AND CONDEMNATION OF REAL PROPERTY INTERESTS
WHEREAS, the City Council of the City of Lakewood has heretofore funded the Colfax at Simms Intersection Improvement project, (hereinafter "Project") by adopting Resolution 2005-32 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;
D. Authorize the City Manager to execute deeds conveying property to the Colorado Department of Transportation in accordance with requirements that Cities convey the acquired fee simple parcels for the project adjacent to State right-of-way (West Colfax Avenue) to the Colorado Department of Transportation on Federally funded projects; and
E. 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 and pedestrian improvements and other related improvements to improve traffic and pedestrian safety 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 properties from which property interests may be acquired are set forth in Exhibit "A," which 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. The City Manager is hereby authorized to execute and the City Clerk to attest Warranty Deeds, in form approved by the City Attorney, to the Colorado Department of Transportation for the fee simple parcels acquired for this project adjacent to the State right-of-way.
SECTION 10. Nothing herein is intended to authorize the expenditure of monies
in excess of the funds appropriated for the Project.
SECTION 11. 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 11th day of September, 2006; published by title in the Rocky Mountain News and in full on the City of Lakewood's website, www.lakewood.org, on the 14th day of September, 2006; set for public hearing on the 25th day of September, 2006, read, finally passed and adopted by the City Council on the 25th day of September, 2006, and, signed and approved by the Mayor on the 26th day of September, 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 properties at 11701 West Colfax Avenue (Parcel 1), 11695 West Colfax Avenue (Parcel 2), 11611 West Colfax Avenue (Parcel 3), 11599 West Colfax Avenue (Parcel 4), 11501 West Colfax Avenue (Parcel 5), 11475 West Colfax Avenue (Parcel 6), 11411 West Colfax Avenue (Parcel 7), 1495 Simms Street (Parcel 8), 1485 Simms Street (Parcel 9), 11598 West Colfax Avenue (Parcel 10), 11528 West Colfax Avenue (Parcel 11), 11520 West Colfax Avenue (Parcel 12).
 |
||
Home
| Search
| Contact Us | Privacy
Policy© City of Lakewood, 480 S. Allison Pkwy., Lakewood, CO 80226, 303-987-7000 |