EXPLANATION
BACKGROUND: The City’s Department of Public Service (DPS) is performing the Arterial Street Rehabilitation - Hamilton Road - I-70 to Refugee Road (FRA-SR317-10.630 (PID Number 95570) project. (“Public Project”). The City must acquire certain fee simple title and lesser real estate located in the vicinity of Hamilton Road between Refugee Road and I-70 (collectively, “Real Estate”) in order for DPS to timely complete the Public Project. The City passed Ordinance Number 0229-2017 authorizing the City Attorney to acquire the Real Estate. Additionally, the City passed Resolution 0003X-2018 establishing the City’s intent to appropriate the Real Estate. Changes to the design plans have added one additional parcel that now needs to be acquired and modified two previously listed parcels that now need to be replaced. Accordingly, the City intends to appropriate and accept the Real Estate in the event the City Attorney is unable to (i) locate the owners of the Real Estate, or (ii) agree with the owners of the Real Estate in good faith regarding the amount of just compensation.
CONTRACT COMPLIANCE: Not applicable.
FISCAL IMPACT: Not applicable.
EMERGENCY JUSTIFICATION: Emergency action is requested in order to acquire the Real Estate and allow DPS to timely complete the Public Project without unnecessary delay, which will preserve the public peace, health, property, safety, and welfare.
TITLE
To declare the City’s necessity and intent to appropriate and accept certain fee simple title and lesser real estate in order to complete the Arterial Street Rehabilitation - Hamilton Road - I-70 to Refugee Road Public Project; and to declare an emergency. ($0.00)
BODY
WHEREAS, the City intends to improve certain public right-of-way by allowing the Department of Public Service (DPS) to engage in the Arterial Street Rehabilitation - Hamilton Road - I-70 to Refugee Road (FRA-SR317-10.630 (PID Number 95570) project. (“Public Project”); and
WHEREAS, the City ...
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