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 Tarsney Lake Bridge Replacement Federal Project, No. Bro-B048(55).
Intro
RESOLUTION NO. 20270, September 30, 2019
INTRODUCED BY Ronald E. Finley, County Legislator
Body
WHEREAS, the 2010 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 Tarsney Lake Bridge Federal Project, No. Bro-B048(55), is a public bridge 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 Tarsney Lake Bridge Replacement Federal Project, No. Bro-B048(55); and,
WHEREAS, such properties were appraised, and a value placed thereon which would fairly and reasonably compensate the owner thereof; and,
WHEREAS, after such negotiations with the owner thereof, the Department of Public Works was unable to agree with the owner as to a fair and adequate compensation to be paid; and,
WHEREAS, the owners and general description of the tracts are as follows:
Parcel Nos. Owner
1 and 2 Jonne Santoli
820 SW Ryan Road
Grain Valley, MO 64029
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 owner 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 No. 20270 of September 30, 2019, was duly passed on October 7, 2019 by the Jackson County Legislature.
The votes thereon were as follows:
Yeas ________9_________ Nays _____0_______
Abstaining ______0_______ Absent ____0________
______________________ _________________________________
Date Mary Jo Spino, Clerk of Legislature