IN THE COUNTY LEGISLATURE OF JACKSON COUNTY, MISSOURI
Title
A RESOLUTION authorizing and directing the Office of the County Counselor to institute condemnation proceedings as to certain tracts of land required for the 85th Street and Troost Avenue Project, No. 2407.
Intro
RESOLUTION # 15915, June 5, 2006
INTRODUCED BY Bob Spence, County Legislator
Body
WHEREAS, the Constitutional Home Rule Charter of Jackson County, article II, sections 21, 23, and 26, authorize the County to acquire private property for public road purposes by the exercise of the power of eminent domain; and,
WHEREAS, the 85th Street and Troost Avenue Project, No. 2407, is such a public road improvement, use, and purpose; and,
WHEREAS, the Department of Public Works has heretofore conducted negotiations for the purchase of certain tracts of land for inclusion in the 85th Street and Troost Avenue Project, No. 2407; and,
WHEREAS, such properties were appraised and a value placed thereon which would fairly and reasonably compensate the owners thereof; and,
WHEREAS, after such negotiations with the owners thereof, the Department of Public Works was unable to agree with the owners as to a fair and adequate compensation to be paid; and,
WHEREAS, the owners and general description of the tracts are as follows:
Tract Number and Tax Parcel No. Owners
85-03 Brian P. Ritter Professional
48-210-06-25-00-0-00-000 Gardening Inc.
812 E. 85th Street
Kansas City, MO
85-14 Saffran Trust & Cohen Trust
48-210-08-15-00-0-00-000 8328 Troost Avenue
Kansas City, MO
and,
WHEREAS, pending the acquisition of this land by condemnation, the Director of Public Works or his designee may continue to negotiate for and purchase these properties out of funds appropriated or to be appropriated for that purpose; now therefore,
BE IT RESOLVED by the County Legislature of Jackson County, Missouri, that the Legislature finds that the County has endeavored to agree with the owners of the aforesaid described properties upon proper compensation to be paid for such properties and rights sought to be purchased, but cannot so agree, and that public necessity requires the above- described tracts of land be acquired by the exercise of the power of eminent domain as provided by law and the Jackson County Charter, for the public purpose and use of the County, and it is to the public interest that same be so acquired; and,
BE IT FURTHER RESOLVED that the Office of County Counselor is authorized and directed to institute appropriate condemnation proceedings as may be necessary for the acquisition of such lands by the exercise of the power of eminent domain and that the County Counselor is also authorized to withdraw from condemnation proceedings any properties as are acquired by negotiation and purchase.
Enacted and Approved
Effective Date: This Resolution shall be effective immediately upon its passage by a majority of the Legislature.
APPROVED AS TO FORM:
______________________________ ___________________________________
Chief Deputy County Counselor County Counselor
Certificate of Passage
I hereby certify that the attached resolution, Resolution # 15915 of June 5, 2006, was duly passed on _________June 12_____________, 2006 by the Jackson County Legislature.
The votes thereon were as follows:
Yeas _______8__________ Nays _____0_______
Abstaining ______0_______ Absent _____1_______
______________________ _____________________________________
Date Mary Jo Spino, Clerk of Legislature