ORDINANCE NO. 19-10

AN ORDINANCE AUTHORIZING PAYMENT BY THE CITY TREASURER OF A CONDEMNATION AWARD AND COURT APPOINTED APPRAISERS’ FEES FOR THE CONSTRUCTION, RECONSTRUCTION, WIDENING, IMPROVEMENT AND MAINTENANCE OF THE STAG’S RIDGE PROJECT, PN 7-C-047-18, AS DESIGNATED IN ORDINANCE NO. 18-57, PASSED AND APPROVED BY THE GOVERNING BODY ON NOVEMBER 20, 2018.

WHEREAS, on November 30, 2018, the City of Olathe, Kansas, filed a Petition for Eminent Domain Proceedings pertaining to the construction, reconstruction, widening, improvement and maintenance of the Stag’s Ridge Project, PN 7-C-047-18, as designated in Ordinance No. 18-57, passed and approved by the Governing Body on the November 20, 2018; and

WHEREAS, the Appraisers’ Report was filed with the Clerk of the District Court on February 27, 2019, and said appraisers notified the City of the filing of said report; and

WHEREAS, the Governing Body of the City of Olathe, Kansas, deems it advisable to authorize the City Treasurer to pay the Clerk of the District Court the amount of the awards and the Court costs.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OLATHE, KANSAS:

SECTION ONE: The City Treasurer is hereby authorized to pay the Clerk of the District Court the sum of $93,250 to pay the condemnation award and $9,150 for the court appointed appraisers’ fees for a total of $102,400 in the case of The City of Olathe, Kansas vs. Wal-Mart Real Estate Business Trust, et al., Case No. 18CV06665.

SECTION TWO: 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 this 19th day of March, 2019.

SIGNED by the Mayor this 19th day of March, 2019.

______________________________
Michael E. Copeland
Mayor

ATTEST:

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Emily K. Vincent
City Clerk

APPROVED AS TO FORM:

___________________________
Ronald R. Shaver
City Attorney

Publish one time and return one Proof of Publication to the City Clerk, one to Public Works and one to the City Attorney.