Memorandum

City of Lawrence

Legal Services Department

TO:	David L. Corliss, City Manager
FROM:	Toni Ramirez Wheeler, Director of Legal Services
CC:	Cynthia Boecker, Assistant City Manager Jonathan Douglass, Assistant to the City Manager Dave Wagner, Director of Utilities
Date:	October 17, 2007
RE:	Resolution No. 6744 – Declaring Necessity To Condemn Interests in Real Property for Public Uses

The Utilities Department is proceeding with the design / build construction of gravity sanitary sewer lines from north of West 6^th Street and the South Lawrence Trafficway, north and east along Baldwin Creek to Pump Station 48.  This project will allow for increased sanitary sewer capacity in areas currently served by Pump Station 45.  The project is the next phase following construction of Pump Station 48.  The City is also acquiring property interests for a trail in conjunction with the sanitary sewer project. 

In order to keep the project on time, our Property Acquisition Team (PAT) recommends that we initiate condemnation proceedings at this time.  The PAT continues to work with property owners to negotiate agreements on the necessary property interests for the project.  In the event, however, an agreement is not reached with all of the property owners, we desire to be in a position to proceed with condemnation, if necessary. 

Resolution No. 6744 is attached declaring the necessity to acquire the necessary property interests and authorizing a survey and description of the land or interests to be condemned.  Staff recommends adoption of Resolution No. 6744, if appropriate.  If approved, a condemnation ordinance will appear on a future City Commission agenda.