HomeMy WebLinkAbout2001-123 - Acquisition of Lands Through Power of Eminent DomainB[LI. NO.dD~~-~~.~
ORDINANCE NO.~~~~~~~
AN ORllINANCG APPROVING AND AUTI[ORIZING THE ACQUISITION OF
CERTAIN LANDS AND ALL ASSOCIATED APPURTENANCH:S AND
IMPROVEMENTS [3Y THE EXERCISE OF THE, CITY'S POWF,R OF EMINENT
DOMAIN IN "I'HE EVENT THAT THE CITY IS UNABLE, TO ACQUIRE THE
PROPERTY BY PURCHASE AND APPROVING ACTIONS AND llOCUMENTS
RELATED THF,RETO
WkIERL~:AS, the Cite has approved the L-38~ [.evcc Kedevclopment ['Ian (the "Plane) to
redevelop the Kedevclopment Arca (as defined in the Plan); and
W[IE[ZC?AS, the City is authorized. pw~suant to the Keal Property ~[~ax Increment [~inance
Allocation Redevelopment Act. RSMo. Section 99.800 e'1 .eeq., and the Plan, to acquire property
to achieve the objectives of the Plan: and
WHh.REAS. the City desires to acquire certain real propert}•, gena-ally described as part
of Sections ~ & 8. Township ~0, Range 33, Platte County. Missouri and legally described at
Exhibit A hereto (the "Property"), which is critical to the success of the Plan: and
WI[EREAS, the Cite desires to attempt to reach an a~~reement for the purchase of d~c
Property through the extension of an offer to purchase the Property as hereafter provided: and
WHEREAS. should the City be unable to reach an agreement for the purchase of~ the
Property through extension of an offer and negotiation therefor, the City desires to exercise its
po~~~cr of eminent domain:
NOW. ~I~HERE.FORL:, BI. 11~ ORDAINED BY THE BOARD OF ALDERMI~:N FOR
fI IE C11~Y OI~ RIVERSIDE, MISSOURI AS FOLLOWS:
Section 1. this Ordinance and the acquisition of the Property is intended and is hereby
determined and declared to be necessary to accomplish, scree and achieve the objectives of the
Plan.
Section ?. An otter in the amount of 11u•ee Hundred Silty 1~housand and 00/100 Dollars
($160.000.00) (the "Offer") to acquire the fee ownership interest in the Property by ne~~otiation is
hereby approved.
Section 3. Should it be determined by the Board of Aldermen that the City is unable to
acquire the Property- throu~~h good faith nc~~otiations_ including U~c extension and discussion of
the Offer, as evidenced by rejection of the Offa~ or other evidence, then in such event the
acquisition of the Property through the City~s power of eminent domain is herebv authorized and
approved pursuant to the authority vested in the City by and under the Constitutions, laws,
ordinances. talcs and regulations of the City. the State of Missouri and of the United States of
America.
Section 4. The Mayor. the Cite Administrator, the City Attorney and other appropriate
City officials are authorized to take any and all actions as may be deemed necessary or desirable
to cant' out and comply with the intent of this Ordinance and to execute and deliver t<n- and on
behalf of the City the offer. a contract for purchase, and in the event of a rejcc~ion, a petition for
condemnation, as well as all certificates, instruments, agreements and other documents, as ma}~
be necessary or desirable to effectuate the intent of this Ordinance.
Section ~. This Ordinance shall be in full force and effect fi-o~u and after its passage and
approval.
PASSGD AND APPROVED "I~EIIS ~ ~~DAY OF NOVGMBER_ 2001.
~~=~ ,C~.cc ~~~'
Betty Bur ~ ,Mayor
A11 ES f:
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Cit~Clerk