03-6001 CondemnationC110�011d aura
(Published in the Salina Journal on November4o, 2003)
RESOLUTION NUMBER 03-6001
A RESOLUTION DECLARING IT TO BE NECESSARY THAT THE CITY
APPROPRIATE CERTAIN PRIVATE PROPERTY FOR THE USE OF THE CITY IN
CONSTRUCTION OF THE NORTH OHIO STREET OVERPASS PROJECT IN
CONJUNCTION WITH THE KANSAS DEPARTMENT OF TRANSPORTATION AND
AUTHORIZING THE CITY ENGINEER TO CAUSE A SURVEY AND DESCRIPTION OF
THE AFFECTED PROPERTIES TO BE MADE.
WHEREAS, 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").
WHEREAS, 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
WHEREAS, 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
WHEREAS, 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
WHEREAS, in accordance with Resolution Number 03-5973, the City has, through
subcontractors of WCEA as its relocation agent and officer, been actively engaged in negotiations
with the owners of the ten properties along the North Ohio Street corridor between Van Horne
Street and Pacific Avenue which must be acquired in their entirety in order to construct the Project
(the "Affected Properties"); and
WHEREAS, over the course of the near future the City will be continue to be actively
engaged in continued efforts to negotiate acquisition the Affected Properties.
WHEREAS, in recognition of the possibility that certain of the Affected Properties will not
be acquired through negotiations and in recognition of the importance of timely acquisition of the
Affected Properties, the governing body wishes to take the preliminary step under the Kansas
Eminent Domain Procedure Act of declaring the necessity of appropriating private property for
construction of the Project and authorizing the City Engineer to cause the Affected Properties to be
surveyed and described; SO NOW, THEREFORE,
BE IT RESOLVED, by the governing body of the City of Salina, Kansas:
Section 1. It is declared to be necessary for the City to appropriate private property referred
to as the Affected Properties for the use of the City in construction of the Project in conjunction
with KDOT.
Section 2. The City Engineer is authorized to cause to be made surveys and descriptions of
the Affected Properties and to file such surveys and descriptions in the office of the City Clerk.
Section 3. This resolution shall be effective upon its adoption and publication once in the
City's official newspaper.
ConsdiOeteGS "
Adopted by the Board of Commissioners and signed by the Mayor this 17th day of
November, 2003.
&4j61'
E. Jilayor
[SEAL]
ATTEST:
Lieu Ann Elsey, City erk