HomeMy WebLinkAbout6332(AS AMENDED 2/27/89)
RESOLUTION NO. 6332
A RESOLUTION AUTHORIZING THE ACQUISITION OF
REAL PROPERTY BY PURCHASE OR CONDEMNATION FOR
A SOLID WASTE DISPOSAL SITE AND FACILITY
WHEREAS, the provision of adequate solid waste disposal sites
and facilities is in the best interests of the residents of the
City and the County of Pueblo, Colorado and necessary for the
preservation of the public health, safety and general welfare, and
WHEREAS, the existing southside solid waste disposal site and
facility will reach its authorized capacity within the next twenty
(20) months, and
WHEREAS, due to the impending closure of the southside solid
waste disposal site and facility and in light of the time required
to obtain approval for and to develop a solid waste disposal site
and facility, the City and the County of Pueblo entered into an
intergovernmental agreement dated August 8, 1988 under the author-
ity of X29 -1 -201 et seq., C.R.S. to jointly contract for the
acquisition and development of land for a solid waste disposal
site and facility within the County of Pueblo, Colorado for the
use of the residents of both the City and the County on a user fee
basis, and
WHEREAS, there exists in Pueblo County, Colorado a suitable
location for a solid waste disposal site and facility; NOW,
THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1
The City Council hereby finds and determines that the
interest of the City of Pueblo and the County of Pueblo, Colorado
and their residents, the preservation of the public health, safety
and general welfare, and the public need, interest and necessity
demand and require that a solid waste disposal site and facility
be laid out, established, constructed and maintained jointly by
the City of Pueblo and the County of Pueblo, Colorado upon the
following described real property located in Pueblo County,
Colorado (herein "Property "):
All in Township 22 South, Range 65 West of the 6th Principal
Meridian:
Section 7: That part of the SE 1/4 East of Little Burnt Mill
Road
Section 8: The W 1/2 SW 1/4
Section 17: The NW 1/4; The N 1/2 SW 1/4
Section 18: That part of the NE 1/4 and that Part of the SE
1/4 lying East of Little Burnt Mill Road
Section 19: That part of the NE 1/4 lying North of Burnt Mill
Road and East of Little Burnt Mill Road
and that said solid waste disposal site and facility be used,
constructed and developed in a manner necessary and convenient for
public use and purposes.
SECTION 2
The City Council does hereby further find and determine that
it is necessray and desirable that the City of Pueblo and the
County of Pueblo, Colorado jointly acquire title to and possession
of the Property, which Property is necessary, required and needed
for a solid waste disposal site and facility.
SECTION 3
The City Manager and the County Manager or their designated
representative be and hereby are authorized and directed to
negotiate for and on behalf of the City of Pueblo and County of
Pueblo, Colorado with the owner or owners of the Property for the
purchase thereof jointly by the City of Pueblo and County of
Pueblo, Colorado. If the City Manager and the County Manager or
their designated representative are unable to agree with the
owners of the Property as to the acquisition thereof or the
compensation to be paid therefor, then possession of and title to
the Property shall be acquired by the City of Pueblo and County of
Pueblo, Colorado through condemnation and the City Attorney and
EPM
County Attorney are hereby authorized, empowered and directed to
institute appropriate proceedings in the District Court, County of
Pueblo, State of Colorado to acquire possession of and title to
the Property for the City of Pueblo and County of Pueblo, Colorado
in accordance with the eminent domain laws of the State of
Colorado, §38 -1 -101 et seq., C.R.S. and pursuant to the authority
of §30 -20- 108(3), C.R.S. and Article XX of the Constitution of the
State of Colorado.
QPrmrnm d
This Resolution shall become effective upon final passage *
INTRODUCED: FEB 1 7 MJ- , 1989
By DOUGLAS L. RING
Councilman
ATTEST:
APPROVED:
Ci y Clerk Pr ' ident of the City Council
* and the Administration (with input from the County of Pueblo) be
required to seek proposals from consultants in waste management
to explore new techniques concerning solid waste disposal sites
and facilities.
TEJ 33.53 -3-