Memorandum

City of Lawrence

City Attorney’s Office

TO:	David L. Corliss, City Manager
FROM:	R. Scott Wagner, Management Analyst
CC:	Toni Wheeler, City Attorney John Shutak, Utilities Engineer
Date:	April 4, 2012
RE:	Property Acquisition: Pump Station 15 site – 240 N. Michigan Street

City Attorney’s Office staff has been working with Department of Utilities staff since early summer of 2011 to acquire property interests for various sanitary sewer pump station sites (see attached map).  On August 23, 2011, the City Commission set a bid date for the Group II projects after completion of property acquisition for that phase  (see attached memo).  On February 7, 2012, the Priority Group I projects were also bid except for the Pump Station 15 site.

Pump Station 15 (generally located at 240 N. Michigan) was pulled from the Group I projects as property acquisition could not be completed.  On September 13, 2011, the City Commission adopted Ordinance 8661 authorizing condemnation of interests for the property needed.  Fee simple acquisition of a 15,960 square feet portion of the parent tract was required in order to site the facility (see attached map).  The City filed a petition with Douglas County District Court on January 30, 2012 to initiate the condemnation process.

The Appraisers panel appointed by the District Court held their hearing on March 28, 2012 and filed their report.  They have awarded just compensation in the amount of $27,000 to the property owner.  City Attorney’s Office and Utilities department staff recommend payment of the award.  Pursuant to K.S.A. 26-507, upon payment of the award to the Clerk of the District Court, title to the property shall vest with the City.

Upon transfer of ownership of the subject property Department of Utilities staff will initiate the planning processes needed for the project which includes: annexation, zoning, platting, and special use and floodplain permitting.  The project will then be publicly bid, awarded, and constructed in compliance with the prepared project plans and specifications.

Action Requested:

Authorize payment to the Clerk of the Douglas County District Court in the amount of $27,000 for property acquisition for Pump Station 15.