Title
An Ordinance determining and declaring the necessity of acquiring for public use certain land, right of way, permanent easements and temporary construction easements, for roadway, water, utilities, pedestrian amenities, additional infrastructure facilities, other public improvements, and all work incidental and subsidiary thereto, associated with the proposed M291 North and US 50 Highway Intersection Project; authorizing the City Manager and his designee(s) to negotiate for the purpose of acquiring the necessary interests in land; and authorizing the City Attorney and his designee(s) to institute condemnation proceedings if such interests in land cannot be acquired by purchase through good faith negotiations and containing an emergency clause.
Body
Issue/Request:
An Ordinance determining and declaring the necessity of acquiring for public use certain land, right of way, permanent easements and temporary construction easements, for roadway, water, utilities, pedestrian amenities, additional infrastructure facilities, other public improvements, and all work incidental and subsidiary thereto, associated with the proposed M291 North and US 50 Highway Intersection Project; authorizing the City Manager and his designee(s) to negotiate for the purpose of acquiring the necessary interests in land; and authorizing the City Attorney and his designee(s) to institute condemnation proceedings if such interests in land cannot be acquired by purchase through good faith negotiations and containing an emergency clause.
Key Issues:
• The M291 North and US 50 Highway Project will improve safety and functionality at this interchange and the overall transportation system in the area. This Project includes replacing the current bridge, ramp reconstruction, the realignment of Blue Parkway, and replacing certain portions of roadway on US 50 between the M291 ramps.
• City staff has tried to acquire the necessary land interests for the Project through negotiation and have been unsuccessful pertaining to those remaining right of way needs to date.
• The City Council for the City of Lee’s Summit, Missouri, deems it necessary, desirable, advisable and in the public interest to obtain the necessary land interests for the purpose of constructing the Project.
• The City has the authority by virtue of Sections 88.010 to 88.070, 88.073, and 82.240 of the Revised Statutes of the State of Missouri, 2000, as amended, and by virtue of the Charter of the City of Lee’s Summit, Missouri, to acquire private property by condemnation proceedings for any public or municipal use, including uses or purposes stated herein.
• This Ordinance is an emergency and may be passed as an emergency measure on the day of its introduction because this Ordinance deals with the immediate preservation of public peace, property, health, economic development, safety, and morals as set forth in Section 3.13(f)(1) of the Charter for the City of Lee’s Summit, Missouri, in that property acquisition has commenced for the Project and further property acquisition is necessary to complete this Project and to meet the financial obligations for funding necessary to complete this Project.
Proposed City Council Motion:
FIRST MOTION: I move for a second reading of an Ordinance determining and declaring the necessity of acquiring for public use certain land, right of way, permanent easements and temporary construction easements, for roadway, water, utilities, pedestrian amenities, additional infrastructure facilities, other public improvements, and all work incidental and subsidiary thereto, associated with the proposed M291 North and US 50 Highway Intersection Project; authorizing the City Manager and his designee(s) to negotiate for the purpose of acquiring the necessary interests in land; and authorizing the City Attorney and his designee(s) to institute condemnation proceedings if such interests in land cannot be acquired by purchase through good faith negotiations and containing an emergency clause.
SECOND MOTION: I move for adoption of an Ordinance determining and declaring the necessity of acquiring for public use certain land, right of way, permanent easements and temporary construction easements, for roadway, water, utilities, pedestrian amenities, additional infrastructure facilities, other public improvements, and all work incidental and subsidiary thereto, associated with the proposed M291 North and US 50 Highway Intersection Project; authorizing the City Manager and his designee(s) to negotiate for the purpose of acquiring the necessary interests in land; and authorizing the City Attorney and his designee(s) to institute condemnation proceedings if such interests in land cannot be acquired by purchase through good faith negotiations and containing an emergency clause.
Background:
In partnership with MoDOT, the City is improving the interchange at M291 North and US 50 Highway (“Project”). This Project will improve safety and functionality at this interchange and the overall transportation system in the area. This Project includes replacing the current bridge, ramp reconstruction, the realignment of Blue Parkway, and replacing certain portions of roadway on US 50 between the M291 ramps.
Impact/Analysis:
Failure to obtain the necessary land interests through eminent domain will delay the project, stop the project, or significantly increase the cost of acquisition. This Ordinance would provide for the City to use the power of eminent domain (condemnation) to acquire the necessary land interests from the parcel listed in the ordinance as needed. In the interim and during condemnation, negotiations for necessary property acquisition may continue in support of the project.
Timeline:
Start: Upon approval of ordinance.
Presenter
Michael Park, Director of Public Works
Scott Ison, Chief Counsel of Infrastructure and Recreation
Recommendation
Staff recommends approval of an Ordinance determining and declaring the necessity of acquiring for public use certain land, right of way, permanent easements and temporary construction easements, for roadway, water, utilities, pedestrian amenities, additional infrastructure facilities, other public improvements, and all work incidental and subsidiary thereto, associated with the proposed M291 North and US 50 Highway Intersection Project; authorizing the City Manager and his designee(s) to negotiate for the purpose of acquiring the necessary interests in land; and authorizing the City Attorney and his designee(s) to institute condemnation proceedings if such interests in land cannot be acquired by purchase through good faith negotiations and containing an emergency clause.