To: Honorable Mayor and Members of Town Council
From: Robert J. Slentz, Town Attorney
Robert Goebel, P.E., Director of Public Works
Title
Ordinance Authorizing the Exercise of the Town’s Powers of Eminent Domain to Acquire Certain Real Property Interests Necessary for the Plum Creek Parkway Widening/Roundabout Project; and Providing for its Emergency Adoption on Second and Final Reading (Second Reading)
Body
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Executive Summary
Ordinance No. 2019-009 was approved on first reading April 16, 2019 by a vote of 6-0. Staff has requested approval on second reading on an emergency basis in order to maintain construction schedules for 2019.
This ordinance authorizes the acquisition of property interests necessary for construction of the Plum Creek Parkway Widening/Roundabout Project under the power of eminent domain. Those property interests are attached as Exhibit 1 to the ordinance. This ordinance mandates Town compliance with applicable statutory requirements on conducting good faith negotiations with the affected landowner, and requires all offers to be based on market valuation of the property interests to be acquired. In most instances, the landowner will have the right to obtain an independent appraisal at the expense of the Town.
In the event the Town working through its property acquisition consultant is unable to reach agreement with the property owner on purchase price, time of possession, or other terms of acquisition, the Town Attorney will so advise Town Council. In that event, the Town Council will be apprised of the prior negotiations, and determine at a Council meeting whether the judicial process for acquisition of the property interests should be initiated. The property owner will have the opportunity to address Council at that time. To reiterate, this ordinance does not authorize the filing of a petition in condemnation under the eminent domain power absent a later express Council authorization.
As has been demonstrated on recent capital projects in which the Council similarly authorized acquisition of property interests by an eminent domain ordinance, good faith negotiations almost always result in an agreement with the property owner. Consequently, we anticipate that Council intervention in the acquisition process will be infrequent.
Utilization of the statutory process provides certainty and consistency with property acquisitions and assurance that possession of the necessary property interests can be achieved within the projected timeframe and with payment of just compensation.
Staff Recommendation
Staff recommends approval of the Ordinance on an emergency basis on second and final reading.
Proposed Motion
“I move to approve the Ordinance as introduced by title on second and final reading on an emergency basis.”
Attachments
Attachment A: Ordinance - 2nd Reading
Attachment B: Parcel Map