Loading...
03-10169 Permit Moratorium(Published in the Salina Journal on October / 0 , 2003) ORDINANCE NUMBER 03-10169 AN ORDINANCE ESTABLISHING A MORATORIUM ON THE ISSUANCE OF CITY -REQUIRED PERMITS FOR WORK ON REAL ESTATE TO BE ACQUIRED BY THE CITY OF SALINA, KANSAS FOR THE GRADE SEPARATION PROJECT AT NORTH OHIO STREET. BE IT ORDAINED by the governing body of the City of Salina, Kansas: Section 1. Findings. The governing body finds: (a) The City of Salina, Kansas ("City") entered into an agreement with the Kansas Secretary of Transportation ("Secretary") dated March 18, 2002 (the "Agreement") for Kansas Department of Transportation ("KDOT") Project No. 85 K -8307-01—a Grade Separation Project at North Ohio Street, over the Union Pacific Railway Company's tracks and the Kansas and Oklahoma Railroad Company's tracks (the "Project"). (b) The Agreement provides that the City will, in its own name, acquire the interests in real estate necessary for the Project in compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended by the Surface Transportation 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 (c) The City has entered into a Consulting Services Supplemental Agreement dated August 26, 2002 ("Supplemental Agreement"), with its primary engineering consultant on the Project, Wilson & Company Engineers & Architects ("WCEA") for appraisal, acquisition and relocation services; and (d) On August 11, 2003, the City adopted Resolution Number 03-5973 stating the policy of the governing body regarding the acquisition of real estate and the payment of relocation expenses for the Project; and (e) In accordance with Resolution Number 03-5973, the City has, through subcontractors of WCEA and the City Attorney under the direction of the City Engineer, caused appraisals to be made and written offers to be communicated to the owners of ten tracts of real estate to be fully acquired in order to construct the Project; and (f) Over the course of the next several months the City will be actively engaged in completing acquisition of the various full and partial tracts necessary to complete the Project listed by both tax parcel identification number and street address on the attached Exhibit A and depicted on the attached Exhibit B (the "Affected Properties"). (g) The public interest will best be served by the City taking precautionary steps to assure that City -required permits are not issued for work to be performed on any of the Affected Properties which would either have a negative impact on the Project or be contrary to the public interest by unnecessarily increasing the fair market value and, consequently, the cost to the public of acquisition of real estate necessary to complete the Project. Section 2. Moratorium on City -Required Permits. There is imposed a moratorium on the issuance of City -required permits for work to be performed on any of the Affected Properties which is found to either negatively impact the Project or to be contrary to the public interest by having a reasonable likelihood of unnecessarily increasing the cost to the public of acquisition of real estate necessary to complete the Project (the "Moratorium"). Section 3. Administration of the Moratorium. All applications for a permit for work to be performed on any of the Affected Properties shall be referred to the City Manager. The City Manager shall conduct a review of the permit application for the purpose of determining whether the proposed work will either negatively impact the Project or be contrary to the public interest by having a reasonable likelihood of unnecessarily increasing the cost to the public of acquisition of real estate necessary to complete the Project. If the City Manager determines that the permit is for work which will either negatively impact the Project or be contrary to the public interest by having a reasonable likelihood of unnecessarily increasing the cost to the public of acquisition of real estate necessary to complete the Project, the City Manager shall deny the application, subject to appeal by the applicant for review by the governing body. If the City Manager instead finds that the permit is for work which will neither negatively impact the Project nor be contrary to the public interest by having a reasonable likelihood of unnecessarily increasing the cost to the public of acquisition of real estate necessary to complete the Project, the application shall be referred to the City's Building Services Department for processing in the normal course. Section 4. Expiration of Moratorium. The Moratorium shall remain in effect until the date upon which the City certifies to KDOT that it has completed acquisition of all real estate necessary for the Project. Section 5. Effective Date. This ordinance shall be in full force and effect from and after its publication once in the official city newspaper. Introduced: September 22, 2003 Passed: October 6, 2003 (Jk&4t) 41� . 4 Alan E. Jilka, yor [SEA] ATTEST: R. Weber, Deputy City Clerk ConsollE .Sa111e EXHIBIT "A" CITY ORDINANCE NO. 03-10169 Owner Address Project Tract Number Tax Parcel Number ri lett Lawrence D. Tr U/A 549 N. Ohio Street 1 085081120100500400001 ri lett Self Storage LP 549 N. Ohio Street 2 085081120100500401001 roneber er Joseph T & Audrey 000 N Ohio Street 3 085081120100500104001 unter Jimmy Murl & Rita J 000 York Ave 4 085081120100500101001 mold Larr D & Francis P 000 York Ave 5 085081120100500105001 off Machine & Welding Inc. 629 N. Ohio Street 6 085081120100600500001 ri lett Lawrence D Tr U/A 639 N. Ohio Street 7 085081120100600100001 alina Iron & Metal Co. 803 N. Ohio Street 8 085081120100700100001 Wells Homer & Wells David 000 N. Ohio Street 9 085081120100700500001 Frick Ben J & Lavelle 1056 E. Pacific Ave 10 085081120100100100001 evert Jack Sr. & Ma belle 000 E. Pacific Ave 11 085081010400100800001 evert Jack Sr & Ma belle 613 E. Pacific Ave. 12 085081010400100700001 everly Jack Sr & Ma belle 000 E. Pacific Ave. 13 085081010400100200001 Miller J P & Araceli S 1109 Van Horne Street 14 085093070200302100001 �KTD Inc. 752 N. Ohio Street 15 085093070200600200001 Mai Frieda J 000 N. Ohio Street 16 085093060300100102001 astrid a Development Inc 000 Lee Ave. 17 085093070100100100001 K, Inc. 1884 E. Old Highway 40 18 085093060400200200001 Lwn Distributors Inc. 606 N. Ohio Street 25 085093070200303000001 Lone George A & Virginia 668 N. Ohio Street 26 085093070200302000001 ahnmaier Michael R 700 N. Ohio Street 27 085093070200201700001 alina Mini -Storage LP 706 N. Ohio Street 28 085093070200201500001 Exhibit "B" LEGEND City Ordinance No. 03-10169 d Affected Properties