11-6842 East Magnolia Improvements Real Estate AcquisitionRESOLUTION NUMBER 11-6842
A RESOLUTION STATING THE POLICY OF TIIE"GOVFRNING BODY OF THE
CITY OF SALINA, KANSAS, RLGARD NG_'TILE ACQtJISITION OF INTI,IZESTS 1N
REAL PROPERTY FOR THE EAST MAGNOLIA IMPROVEMENTS PROJECT.
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WHEREAS,'" on August 26, 2009; the Kansas .Department of 'Transportation (KDO"1")
informed.the City of Salina, Kansas ("City"),that, subject to federal funding being available, KDO"T'
had authorized $1.4 million for project- nuriiber X8'5 U-2301-01—a widening and replacement project
on Magnolia Road, from Ohio Street to east of the flood protection levee (the `'Project"); and
WHEREAS, the Agreement provides that the City will, in its own name, acquire the
interests in real property necessary for the -Project in compliance with the Uniform. Relocation
Assistance and Real Property Acquisition, Policies Act of 1970 as amended by the Surface
1'ransportation and Uniform Relocation Assistance Act of 1987 (the "Act"), and administrative
regulations contained in 49 C.F.R. part 24, entitled Uniform Relocation Assistance and ,Real
Property Acquisition for federal and Federally Assisted Programs (the "Regulations"); and
WHEREAS, the City has entered into a.-Consulting Services Agreement dated March 28,
2011 ("Supplemental Agreement"), -with The Land Company of Bonner Springs, Kansas for
appraisal and acquisition services; and
WHEREAS, the governing body desires to state the policy of the City regarding acquisition
of the necessaryinterestsin real "property, all in compliance with the Agreement, the Act, and the
Regulations; SO NOW, THEREFORE; ry
13E IT RESOLVED, by the governing body of.the City of.Salina, Kansas:
Section 1. Acquisition of Interests':iri Real Property. The City has. obtained surveys,
legal descriptions, title reports, and appraisals in compliance with the Act and the Regulations for
the interests in real property to be acquired by the City. Based upon these appraisals, the Governing
Body establishes the amount of just compensation for the interests in real property to be $48,600 in
the aggregate for the.26 parcels in compliance: with the Regulations. The Acquisition Agent will
provide the property owner with a written purchase offer and a written statement of the basis for the
offer of just compensation, which shall include-the information required under the Regulations. The
City Manager is authorized to sign contracts for the purchase of the interests in real property for the
amounts determined by the appraisals. If the _. Acquisition Agent is unable to negotiate with the
property owner a purchase of the interests in real property based upon the amounts.determined by
the appraisals, the City Manager is authorized to sign a contract for purchase of the real property icor
a negotiated purchase price in excess of the-City's initial offer, or upon such "other terms as are
within the scope of the project budget and consistent with'the public interest.
Section 2. Reporting to Governing Body. The City Manager shall periodically report
to the governing body regarding the status of the acquisition of interests in real property throLighout
that phase of the "Project:
Section 3. Effective Date. This. resolution shall be in full force and effect from and
after its adoption.
Adopted by the Board of Commissioners and signed by the Mayor this 18`x' day Of' :1uly
2011.
' Samantha P. Anbell, Mayor
A..1...1.1 S T:
Shan i Wicks, Deputy City Clerk