Section 110-135; Withdrawn B77-09; Declaring the need to acquire land for construction and operation of an historical museum and research facility


Ordinance No. Withdrawn                        Council Bill No. B 77-09

     AN ORDINANCE

declaring the need to acquire land for construction and operation of an historical museum and research facility; 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 construction and operation of an historical museum and research facility:

ELM STREET ENTERPRISES, L.L.C.

THE SOUTH EIGHTY (80) FEET OF LOT SIXTEEN (16), IN THE ORIGINAL TOWN, NOW CITY OF COLUMBIA, BOONE COUNTY, MISSOURI.

ALSO, THE WEST HALF (W ½) OF LOT SEVENTEEN (17) IN THE ORIGINAL TOWN, NOW CITY OF COLUMBIA, BOONE COUNTY, MISSOURI.

THE SOUTH FIFTY-EIGHT (58) FEET OF LOT NUMBER EIGHTEEN (18) IN THE ORIGINAL TOWN, NOW CITY OF COLUMBIA, BOONE COUNTY, MISSOURI.

THE SOUTH FORTY-EIGHT AND ONE-HALF (48½) FEET OF THE NORTH EIGHTY-FOUR AND ONE-HALF (84½) FEET OF LOT EIGHTEEN (18) OF THE ORIGINAL TOWN, NOW CITY OF COLUMBIA, BOONE COUNTY, MISSOURI.

THE EAST ONE-HALF (½) OF LOT SEVENTEEN (17) OF THE ORIGINAL TOWN, NOW CITY OF COLUMBIA, MISSOURI.

THE NORTH THIRTY-SIX (36) FEET OF LOT EIGHTEEN (18) IN THE ORIGINAL TOWN, NOW CITY OF COLUMBIA, BOONE COUNTY, MISSOURI.

FIFTH STREET INVESTMENTS, L.L.C.

THE NORTH SIXTY-TWO AND ONE-HALF (62½) FEET OF LOT NUMBER SIXTEEN (16) IN THE OLD 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.

    WITHDRAWN this 6th day of April, 2009.