Memorandum
City of Lawrence
City Attorney’s Office
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TO: |
David L. Corliss – City Manager Cynthia Wagner - Assistant City Manager Diane Stoddard - Assistant City Manager |
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FROM: |
R. Scott Wagner, Management Analyst |
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CC: |
Dave Wagner – Director of Utilities Mike Lawless – Deputy Director of Utilities Philip Ciesielski – Assistant Director of Utilities Toni Wheeler – City Attorney Melinda Harger – Utilities Engineer |
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Date: |
May 21, 2014 |
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RE: |
May 27, 2014 Agenda Item – UT1304 Wakarusa WWTP Ordering the Condemnation of Property Interests for the Plant Site Road Improvements. |
Background/Project Description
On the May 20, 2014 agenda, the Governing Body approved the setting of a bid date of June 24, 2014 for UT1304 Contract 3 (PW1405) which includes road improvements for E. 1600 Road (O’Connell Rd) and N. 1175 Road (41st Street) to provide access to the Wakarusa WWTP. East 1600 Road will be the primary access to the site from N. 1100 Road. It will be improved to an Alternative City Street Construction Standard designed to accommodate the anticipated truck traffic during construction and operation of the WWTP. The alternative street standard allows for the use of an open ditch vs. a curb and gutter road section. Construction of the pavement section will be phased such that a base section with a chip and seal surface is built to handle construction traffic. A final asphalt or concrete surface will be added to E. 1600 Road upon completion of the WWTP construction. North 1175 Road will be the secondary access to the site and will be improved to a gravel road with a chip and seal surface. Improvements include relocations of the RWD4 and Baldwin waterlines along E. 1600 Road south of the metering station. Contract 3 also includes placement of fill at the Wakarusa WWTP site to allow for consolidation to take place prior to facility construction beginning in 2015.
Right of Way and Easement Acquisition
Various property interests (right-of-way, waterline and general utility easements, and temporary construction easements) are needed along E. 1600 Road and N. 1175 Road to construct the improvements. Appraisals were conducted by Aul Appraisals and offer letters were sent to property owners in March. A majority of the property interests have been acquired as shown on the attached map. Negotiations are ongoing with the remaining two property owners; however, to keep the project on schedule, staff is recommending initiation of eminent domain proceedings to ensure timely acquisition of the needed property interests. Resolution No. 7073 was adopted on May 20, 2014.
The next step prior to filing an eminent domain action in Douglas County District Court is to adopt an ordinance, condemning the property interests and authorizing attorneys for the City of Lawrence to file a verified petition. Upon adoption of the ordinance, City attorneys will prepare the necessary pleadings. Upon approval of the action by the court, the judge assigned to the case will appoint three court selected appraisers to determine just compensation for the rights being acquired. The City would then be required to pay the award determined by the appraisers in order to acquire the property. If either the property owners or the City were dissatisfied with the award, either party could have just compensation determined by jury trial.
Staff will continue to negotiate acquisition of the required property interests and is hopeful that filing of an action in Douglas County District Court will not be necessary. Construction phasing can be accomplished to proceed with bidding of the UT1304 Contract 3 (PW1405) project prior to acquisition from the remaining two property owners located on the east side of E. 1600 Road and within 1000 feet from the intersection of E. 1600 Road and N. 1100 Road.
Action
Adopt Ordinance No. 8993, authorizing the use of the City’s eminent domain authority and condemning required right-of-way and easements for the improvement of E. 1600 Road for the Wakarusa Wastewater Treatment Plant improvements.