HomeMy WebLinkAbout073 - 07/05/2016 - AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN OF ADDITIONAL LANDS NECESSARY TO CONSTRUCT PUBLIC IMPROrdinance No. 073, 2016 Defeated on Second Reading
7/5/16
ORDINANCE NO. 073, 2016
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN OF
ADDITIONAL LANDS NECESSARY TO CONSTRUCT PUBLIC
IMPROVEMENTS AS PART OF THE PROSPECT ROAD AND
COLLEGE AVENUE INTERSECTION IMPROVEMENTS PROJECT
WHEREAS, the City is scheduled to begin construction on the Prospect Road and
College Avenue Intersection Improvements Project (the “City Project”) in 2017; and
WHEREAS, the City Project will construct needed road and intersection improvements,
multimodal transportation enhancements, utility improvements, and access control
improvements; and
WHEREAS, Colorado State University is also required to build certain improvements at
the same intersection in conjunction with the construction of its new medical center (the
“Medical Center Project”); and
WHEREAS, it is necessary for the City to acquire certain property interests for the City
Project in a timely manner in order to coordinate construction of the City Project with the
Medical Center Project; and
WHEREAS, on April 19, 2016, the City Council adopted on second reading Ordinance
No. 043, 2016, authorizing the acquisition of certain lands necessary for construction of the City
Project; and
WHEREAS, the City has identified certain additional real property interests needed for
the City Project, as described on Exhibits “A” through “D”, attached hereto and incorporated
herein by this reference (the “Property Interests”); and
WHEREAS, the Property Interests include real property to be acquired either in fee
simple for right-of-way or for temporary construction easements; and
WHEREAS, the City will negotiate in good faith for the acquisition of the Property
Interests from the owners thereof; and
WHEREAS, the acquisition of the Property Interests is desirable and necessary for the
construction of the City Project, is in the City’s best interest, and enhances public health, safety,
and welfare; and
WHEREAS, the City is authorized under Article XX, §1 of the Colorado Constitution
and Article V, §14 of the City Charter to use the power of eminent domain to acquire real
property as reasonably necessary for public improvements such as the City Project; and
WHEREAS, the acquisition of the Property Interests may, by law, be accomplished
through eminent domain.
Ordinance No. 073, 2016 Defeated on Second Reading
7/5/16
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the City Council hereby finds and determines that is necessary in the public
interest to acquire the Property Interests described herein for the purpose of constructing the City
Project.
Section 3. That the City Council hereby authorizes the City Attorney and other
appropriate officials of the City to acquire the Property Interests for the City by eminent domain
proceedings.
Section 4. The City Council further finds that, in the event acquisition by eminent
domain of any of the Property Interests, or any portion of them, is commenced, immediate
possession of the same is necessary for the public health, safety and welfare.
Introduced, considered favorably on first reading, and ordered published this 17th day of
May, A.D. 2016, and to be presented for final passage on the 5th day of July, A.D. 2016.
_________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 5th day of July, A.D. 2016.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk