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City of Ellsworth Appropriate Private Property Resolution

POSTED: February 15, 2013 7:00 a.m.

(First Published in the Ellsworth County Independent/
Reporter, Feb. 14, 2013)

RESOLUTION NO. 13-0211A

A RESOLUTION DECLARING IT NECESSARY
TO APPROPRIATE PRIVATE PROPERTY FOR PUBLIC USE IN AND OUTSIDE THE CORPORATE LIMITS OF THE CITY OF ELLSWORTH, KANSAS, FOR THE PUBLIC PURPOSE OF CONSTRUCTING AND IMPROVING THE ELLSWORTH MUNICPAL AIRPORT AND, AUTHORIZING
THE PREPARATION OF A SURVEY AND DESCRIPTION OF THE LAND OR INTERESTS TO BE CONDEMNED,
ALL IN THE CITY OF ELLSWORTH, KANSAS.

WHEREAS, the Governing Body of the City of Ellsworth, Kansas has deemed it necessary to make certain improvements to the Ellsworth Municipal Airport as follows:

    Construction of a new runway, providing
    for improvements to the existing runway
    to serve as a taxiway for the new runway
    and to provide for a cross runway; and

WHEREAS, it is necessary to acquire private property for the construction of the new runways; and
WHEREAS, the City of Ellsworth, Kansas, has attempted to negotiate the   acquisition of said private property; and
WHEREAS, the owner, or other parties who may or do have an interest in the private property, has not accepted the request of the City of Ellsworth, Kansas, to allow such acquisition.
NOW THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF ELLSWORTH, KANSAS: 
SECTION 1: It is hereby declared necessary to acquire private property for the use of the City of Ellsworth, Kansas, for the following improvements:
    Construction of a new runway, providing
    for improvements to the existing runway
    to serve as a taxiway for the new runway
    and to provide for a cross runway.

SECTION 2: The City is hereby authorized to and directed that a survey and description of the lands or interests therein to be acquired be made by Alfred Benesch & Company and filed with the City Clerk of the City of Ellsworth, Kansas.
SECTION 3. Upon the filing of the aforesaid survey and description, the Governing Body shall by Ordinance authorize and provide for the appropriation of such real property interest, setting forth such condemnation, the interest to be taken, and for what purpose the same is to be used.  The Governing Body, as soon as practicable after passage of the Ordinance authorizing and providing for the appropriation of the real property interest and the fixing of a benefit district, if any, shall proceed to exercise the power of eminent domain in accordance with the Kansas Eminent Domain Procedure Act, K.S.A. 26-501 to 26-519, inclusive, and any amendments thereto.
SECTION 4: The City Attorney, or her designee is hereby empowered to negotiate and approve offers for the acquisition of such private property and to enter into agreements accomplishing such acquisition; provided there is sufficient funding available in the approved project budget to accomplish the same.
SECTION 5: This Resolution shall take effect and be in force from and after its publication in the official City newspaper.
ADOPTED by the Governing Body of the City of Ellsworth, Kansas, on the 11th day of February, 2013.

Stephen M. Bahan, Mayor

(SEAL)

ATTEST:

Patti Booher, City Clerk

1t 2/14

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