HomeMy WebLinkAboutResolution 60, 2020
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 60 Series of 2020
TITLE: A RESOLUTION CONCERNING THE ACQUISITION AND ACCEPTANCE OF EIGHT PROPERTIES ON WADSWORTH BOULEVARD FOR THE PURPOSE OF CONSTRUCTING, INSTALLING, MAINTAINING, AND USING PUBLIC
IMPROVEMENTS FOR IMPROVING WADSWORTH BOULEVARD BY EITHER NEGOTIATION AND VOLUNTARY PURCHASE OR, IF NECESSARY, THROUGH THE UTILIZATION OF THE CITY’S POWER OF EMINENT DOMAIN, AND AUTHORIZING SUCH ACTION AS
NECESSARY TO ACCOMPLISH SAID PURPOSES WHEREAS, the City of Wheat Ridge, Colorado possesses the power of eminent domain pursuant to Article XX, §§1 and 6 of the Colorado Constitution, Section 16.4 and 1.3 of the City of Wheat Ridge Home Rule Charter, C.R.S. §38-1-101, et seq., and
C.R.S. § 38-6-101, et seq.; and WHEREAS, the City Council for the City of Wheat Ridge seeks to acquire certain property rights from eight (8) properties more particularly described and shown on Exhibits A(1)-A(10) for the purposes of constructing, installing, maintaining and using
public improvements for improving Wadsworth Boulevard in Wheat Ridge, Colorado; and WHEREAS, the City of Wheat Ridge has complied and intends to continue to comply with all applicable provisions of C.R.S. § 38-1-101, et seq., including, but not
limited to, the notice and good faith negotiation requirements and provisions thereof. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge that:
Section 1. The term “Subject Properties” means the interest in the eight (8)
real properties more particularly described on Exhibits A(1)-A(8) along Wadsworth Boulevard. Section 2. The City Council hereby finds that the acquisition of the Subject Properties for the construction, installation, maintenance and use of the public
improvements for improving Wadsworth Boulevard will serve a proper, public and
municipal purpose and use, and that such acquisition is necessary and essential to this public purpose and use. The City Council hereby declares its intent to acquire the Subject Properties for the purposes stated herein.
Section 3. The City Manager or his designee, in consultation with the City
Attorney, is directed to provide notice of the City’s intent to acquire the Subject
Properties to the various owners of said properties and to thereafter conduct good faith negotiations with the owners for the acquisition of the property rights sought. The City Manager is authorized to make offers for all of the Subject
Properties based upon the appraisal or fair market valuation of the same, and is
further authorized to execute agreements for the acquisition of the Subject Properties. Section 4. If, after making good faith offers to acquire the Subject Properties,
the City is unable to acquire the necessary property rights by negotiation and/or voluntary purchase, the City Attorney is hereby authorized to institute and prosecute eminent domain proceedings in the name of the City so as to acquire the Subject Properties by condemnation. In the prosecution of any eminent domain actions to acquire the Subject Properties, the City shall have and retain
all rights and powers lawfully delegated to it by the Colorado Constitution, the City of Wheat Ridge Home Rule Charter, and C.R.S. § 38-1-101, et seq. and C.R.S. § 38-6-101, et seq. Section 5. The City Manager or his designee, in consultation with the City
Attorney, is authorized to seek and to take immediate possession of the Subject Properties as may be necessary for constructing, installing, maintaining and using public improvements for improving Wadsworth Boulevard, and to make such deposits or other payments as may be necessary in connection therewith. If eminent domain proceedings are instituted, the City Manager or his designee,
in consultation with the City Attorney, is authorized to retain such expert witnesses, including appraisers, as the City determines are necessary for the eminent domain proceedings.
Section 6. The City Manager or his designee, in consultation with the City Attorney, are hereby specifically authorized to make such reasonable or
necessary amendments and corrections to the terms and/or legal descriptions of
the Subject Properties to be acquired, including authorization to include such additional or other property rights necessary or desirable for the City to acquire so as to construct, install, maintain and use the public improvements for multi modal improvements. The Mayor and City Clerk are hereby authorized and
directed to execute an acceptance of the interests in real property when
acquired.
Section 7. The City Council hereby finds, determines and declares that this Resolution is promulgated under the general police power of the City of Wheat Ridge, that it is adopted for the health, safety and welfare of the public, and that
this Resolution is necessary for the preservation of health and safety and for the
protection of public convenience and welfare. The City Council further determines that the Resolution bears a rational relation to the proper legislative object sought to be obtained.
Section 8. If any clause, sentence, paragraph or part of this Resolution or the
application thereof to any person or circumstances shall for any reason be
adjudged by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances.
Section 9. This Resolution shall become effective immediately upon adoption.
DONE AND RESOLVED this 14th day of December 2020.
___________________________ Bud Starker, Mayor
ATTEST:
___________________________ Steve Kirkpatrick, City Clerk