ORDINANCE NO. 912
AN ORDINANCE APPROVING THE DESCRIPTION AND SURVEY OF LANDS NECESSARY FOR THE LOCATION AND CONSTRUCTION OF A NEW CITY SANITARY SEWER TREATMENT FACILITY TO BE LOCATED AT SOUTHWEST CORNER OF INTERSTATE 35 AND HOMESTEAD LANE
WHEREAS, K.S.A. 26-201 requires that, prior to commencing condemnation proceedings, the Governing Body, by passage of an ordinance, authorize and provide for the acquisition of land or interest needed by the City, set forth the land or interest to be condemned, state for what purpose the condemned land or interest in land is to be used, and, if applicable, designate, as a benefit district, property specifically benefited by the proposed improvement.
NOW THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF EDGERTON, KANSAS:
Section 1. That the description and survey of lands necessary for the location and construction of a new sanitary sewer treatment facility at the southwest corner of Interstate 35 and Homestead Lane — as well as permanent utility easements and temporary construction easements for the same — as prepared by the City’s retained engineering consultants, approved by the City Engineer, and filed with the City Clerk pursuant to Resolution No. 01-12-2012A (adopted by the Governing Body of the City of Edgerton, Kansas on January 12, 2012), are hereby approved.
Section 2. That the action of the Governing Body of the City of Edgerton, Kansas in acquiring land and easements for a new sanitary sewer treatment facility at the southwest corner of Interstate 35 and Homestead Lane has been declared necessary by the Governing Body.
Section 3. That the acquisition of land, and temporary and permanent easements, as described hereinafter, is all in accordance with and under the provisions of Chapter 26 of the Kansas Statutes Annotated.
Section 4. That there be and there is hereby declared to be public necessity to acquire by Eminent Domain Proceedings for the purpose of locating, constructing, and connecting a new sanitary sewer treatment facility to the City’s existing sanitary sewer distribution lines as described in Section 1 of this Ordinance, the land hereinafter described in Exhibit A, and the easements described in Exhibit B.
Section 5. That the City Attorney for the City of Edgerton, Kansas, is hereby directed, authorized and instructed to make proper application to a Judge of the District Court of Johnson County, Kansas, for the acquisition of fee simple title to 14.438 acres of land for the location and construction of a sanitary sewer treatment facility, and all necessary permanent and temporary easements connected therewith, praying for condemnation thereof and the appointment of three disinterested appraisers to assess, determine and fix the damages and benefits resulting from such condemnation and for such other proceedings as may be required by law.
Section 6. That this Ordinance shall take effect and be in force from and after its passage and publication as provided by law.
PASSED by the Governing Body of the City of Edgerton, Kansas, and approved by the Mayor on the 23rd day of February, 2012.
(Seal) Donald Roberts, Mayor
Janeice Rawles, Interim City Clerk
APPROVED AS TO FORM:
_Patrick G. Reavey_________________
Patrick G. Reavey, City Attorney