RESOLUTION NO. 01-12-2012A
A RESOLUTION PURSUANT TO K.S.A. 26-201 SETTING FORTH THE NECESSITY FOR CONDEMNATION OF PROPERTY AND AUTHORIZING PREPARATION OF A SURVEY AND LEGAL DESCRIPTION OF THE PROPERTY TO BE CONDEMNED
WHEREAS, K.S.A. 26-201 authorizes a City to acquire by condemnation any interest in real property when it is deemed necessary, for use by the City for any purpose whatsoever, by the governing body of the City; and
WHEREAS, it is necessary for the City to construct a new sewer plant to accommodate current needs, and future growth, of the City; and
WHEREAS, after conducting an extensive engineering study as to the location of the new sewer plant, the City has determined the plant should be located in the general vicinity of the southwest corner of Interstate 35 and Homestead Lane; and
WHEREAS, the City has attempted, and is continuing to attempt, to negotiate with the landowner for the land and easements needed for the construction and location of the plant.
NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the City of Edgerton, Kansas:
SECTION 1: That pursuant to K.S.A. 26-201, the City declares that land and easements are necessary for construction, location, and access to the City’s new sewer plant.
SECTION 2: That City Staff is authorized to have a survey conducted and a description of the land and easements to be condemned to be prepared by a competent engineer. Both the survey and the description of the property to be condemned shall be filed with the City Clerk upon their completion.
SECTION 3: The City Clerk is hereby directed to publish this Resolution once in the City’s official newspaper.
SECTION 4: This Resolution shall be effective upon its approval and adoption.
ADOPTED BY THE GOVERNING BODY OF THE CITY OF EDGERTON ON THIS 12th DAY OF JANUARY, 2012.
_______Donald Roberts_____________
DONALD ROBERTS, MAYOR
ATTEST: APPROVED AS TO FORM:
______Janeice Rawles_______________ _____________Patrick Reavey__________
JANEICE RAWLES, INTERIM CITY PATRICK REAVEY, CITY ATTORNEY
CLERK