Section 107-510; Ord 19161; Declaring the need to acquire property located at 411 North Fifth Street for park purposes


Ordinance No. 19161                            Council Bill No. B 312-06
    
     AN ORDINANCE

declaring the need to acquire property located at 411 North Fifth Street for park purposes; authorizing acquisition by negotiation or, if necessary, by condemnation; authorizing the City Manager to obtain and execute all instruments necessary for acquisition of such land; and fixing the time when this ordinance shall become effective.

    WHEREAS, the Constitution and Statutes of the State of Missouri and the Home Rule Charter for the City of Columbia, Missouri, authorize the City Council to exercise the power of eminent domain, within or without the City, and among other things, to acquire, and maintain any property, real or personal within or without the City for all public uses or purposes, and to acquire, receive and hold any estate or interest in any such property; and

    WHEREAS, the Council deems it necessary for the welfare and improvement of the City and in the public interest that certain private property be acquired by negotiation or by condemnation for public improvement.

    NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBIA, MISSOURI, AS FOLLOWS:

    SECTION 1.    The City Council hereby declares the need to acquire in fee simple the following described land for park purposes:

The North Half (N ½) (North Half by Deed) of the South Half (S ½) of Lot Number Three (3) EXCEPT the West 124 feet thereof, in COOK’ S ADDITION to the Town, now City, of Columbia, Missouri;

ALSO, The East 140 feet of the South 33 feet of Lot Number Three (3) in COOK’ S ADDITION to the Town, now City, of Columbia, Boone County, Missouri.

    SECTION 2.    The City Manager is authorized to acquire the land described in Section 1 by negotiation.

    SECTION 3.    The City Manager is authorized to obtain, execute and record all deeds and other instruments necessary to acquire the land described in Section 1.

    SECTION 4.    If the City cannot agree with the owners, or those claiming an interest in the land described in Section 1, on the proper compensation to be paid for such land, or if the owner is incapable of contracting, is unknown, or cannot be found, or is a nonresident of the State of Missouri, the City Counselor is authorized to petition the Circuit Court of Boone County, Missouri, to acquire the land described in Section 1 by condemnation.

    SECTION 5.    This ordinance shall be in full force and effect from and after its passage.

    PASSED this 21st day of August, 2006.