HomeMy WebLinkAbout6627RESOLUTION NO. 6627
A RESOLUTION APPROVING THE ACQUISITION OF
APPROXIMATELY 560 ACRES OF LAND
WHEREAS, the City and County did enter into an intergovern-
mental agreement dated August 8, 1988 to select and acquire land
for a solid waste disposal site and facility and to equally share
the costs thereof, and
WHEREAS, the City Council by Resolution No. 6332 authorized
the acquisition by condemnation of 560 acres of land described
therein (the "Land ") as a site for a solid waste disposal
facility, and
WHEREAS, the City and County instituted a condemnation action
to acquire the land on September 11, 1989 in the Pueblo County
District Court, Civil Action No. 89 CV 915 (the "Condemnation
Action "), and
WHEREAS, Brown and Caldwell Consulting Engineers, after
conducting site investigations, drilling and hydrogeologic and
geotechnical investigations, determined that the Land is presently
suitable for a solid waste handling and landfill facility with
respect to geologic, hydrogeologic and geotechnical
considerations, and
WHEREAS, the City and County have determined that the full
and complete compensation to be paid to the owners of the Land,
including the value of the Land, damages to the residue of such
Land, interest, and all costs, expert witness fees and other
expenses of the Condemnation Action which the owners would be
entitled to recover against and from the City and County, is
$215,000 (the "Compensation "), and
WHEREAS, the City Attorney instituted and successfully
concluded negotiations and proceedings before the Public Utilities
Commission of the State of Colorado, Docket No. 89A -557R whereby
the City is to receive the sum of $480,000 from the Atchison,
Topeka and Santa Fe Railway Company for reimbursement of City's
share of the costs of the 18th Street Replacement project (the
"Recovery "), and
WHEREAS, there exists available monies out of the Recovery
after deducting the amount thereof to be deposited into City's
Fund 35, 18th Street Bridge Project, to pay $107,500, the City's
share of the Compensation; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1
The Compensation in the amount of $215,000 to be paid the
owners of the Land is hereby approved and the President of the
City Council is authorized to execute in the name of the City all
required stipulations and agreements with respect to the
settlement and dismissal of the Condemnation Action. The Director
of Finance is hereby authorized and directed to pay the City's
share of the Compensation in the amount of $107,500 out of the
Recovery.
ATTEST:
INTRODUCED: October 9, 1990
By FAY KASTELIC
Councilperson
APPROVED:
City Clerk PrbiTlident of the City Council
TJ 47.43 -3-