HomeMy WebLinkAboutResolution 38, 2020
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 38
Series of 2020
TITLE: A RESOLUTION CONCERNING THE ACQUISITION AND ACCEPTANCE OF 4084 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 more particularly described as 4084 Wadsworth Boulevard 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 Property” means the interest in the real property
more particularly described as 4084 Wadsworth Boulevard.
Section 2. The City Council hereby finds that the acquisition of the Subject Property 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 Property 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
Property to the various owners of said property, 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 Property based upon the appraisal or fair market valuation of the same, and is further
authorized to execute agreements for the acquisition of all of the Subject
Property. Section 4. If, after making good faith offers to acquire the Subject Property, 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 Property by condemnation. In the prosecution of any eminent domain actions to acquire the Subject Property, 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
Property 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 Property 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 13th day of July 2020.
_______________________ Bud Starker, Mayor
ATTEST:
__________________________ Steve Kirkpatrick, City Clerk