Section 107-642; Withdrawn B372-06; Declaring the need to acquire land to install and operate a refuse compactor


Ordinance No. Withdrawn                        Council Bill No. B 372-06

     AN ORDINANCE

declaring the need to acquire land to install and operate a refuse compactor; 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 land for the purpose of installation and operation of a refuse compactor described as follows:

Nicholas H. Peckham and/or Diane P. Peckham
Co-Trustees of the Nichols H. Peckham Trust, an undivided ½ interest
and the Diane P. Peckham Trust an undivided ½ interest

The north thirty-seven (37) feet of the twelve (12) foot alley running North and South through Lot 155 of the Original Town, now City of Columbia, Boone County, Missouri, containing 444 square feet.

AND

A three (3) sided parcel of land in the northwest corner of the tract described in the warranty deed in Book 2477 at page 120 of the Boone County Records; being a part of Lot 155 of the Original town, now city, of Columbia, Boone County, Missouri; said parcel being described as follows:

BEGINNING at the northwest corner of said tract described in Book 2477 at page 120 on the south line of the fifteen (15) foot platted alley; thence easterly along said south line a distance of 7.25 feet; thence southwesterly 10.5 feet, more or less, to the east line of the twelve (12) foot alley running North and South through said Lot 155 at a point 7.25 feet southerly from the Point of Beginning; thence northerly to the POINT OF BEGINNING and containing 26 square feet.

Raymond Powell, Co-Trustee of the Rosa May Powell Revocable Living Trust

The north thirty-seven (37) feet of the twelve (12) foot alley running North and South through Lot 155 of the Original Town, now City of Columbia, Boone County, Missouri, containing 444 square feet.

    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.

    WITHDRAWN this 16th day of October, 2006.