Memorandum

City of Lawrence

Legal Services Department

TO:	David L. Corliss, City Manager
FROM:	Toni Ramirez Wheeler, Director of Legal Services R. Scott Wagner, Management Analyst
CC:	Cynthia Boecker, Assistant City Manager Diane Stoddard, Assistant City Manager Jonathan Douglass, Assistant to the City Manager Dave Wagner, Director of Utilities
Date:	November 1, 2007
RE:	Ordinance No. 8197 – Declaring Necessity To Condemn Interests in Real Property for Public Uses

Per the authorization of Resolution No. 6744 adopted October 23, 2007, declaring the necessity to acquire needed property interests for the West Baldwin Creek sanitary sewer project, attached is Ordinance No. 8197.  The ordinance contains the specific property interests to be condemned which includes easements for a sanitary sewer collection and main system and a trail along portions of the sanitary sewer line alignment.

The Property Acquisition Team continues to negotiate with the landowners along the project alignment.  It is anticipated that most of the property interests will be obtained through these negotiations.  In the event, however, an agreement is not reached with all of the property owners, the City must be in a position to proceed with condemnation, if necessary, in order to meet project timelines with this design / build construction.

Adoption of the ordinance authorizes attorneys for the City to file a petition in Douglas County District Court.  Property owners will receive additional notice of the condemnation action through notices required by the Eminent Domain Procedure Act, K.S.A. 26-501 et seq.

Action Requested:

Adopt on first reading Ordinance No. 8197.  Map