BILL 1754 - ORD 1622

 

 

MOPR Notes:  This Ord was passed at the 1/5/04 BOA.  Since this copy was obtained right after the mtg, it is not signed. 

 

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BILL NO.    [1754]                                                          ORDINANCE NO. [1622]   

 

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AN ORDINANCE AMENDING ORDINANCE NO. 1505, AN ORDINANCE FOR THE PURPOSE OF AUTHORIZING THE ACQUISITION OF REAL ESTATE BY CONDEMNATION AND APPROPRIATION THEREOF;  DESCRIBING THE REAL ESTATE SUBJECT TO THE APPROPRIATION AND CONDEMNATION;  NAMING THE OWNERS THEREOF;  SETTTING FORTH THE GENERAL PURPOSE OR NATURE TO BE MADE OF SAID REAL PROPERTY AND DECLARING IT TO BE NECESSARY AND FOR THE GENERAL BENEFIT OF THE CITY OF VALLEY PARK, MISSOURI, AT LARGE;  DECLARING THAT FUNDS MAY BE ADVANCED FOR THE ACQUISITION OF REAL ESTATE AND THAT CONDEMNATION SHALL BE IN FULL FORCE AND EFFECT FROM AND AFTER THE DATE OF PASSAGE

 

 

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WHEREAS, Ordinance 1505 recited that lands recited therein are necessary for the construction of a levee system within the City of Valley Park, Missouri, or that said lands are blighted pursuant to Sections 99.800, et. seq., and

 

WHEREAS, sunset provisions contained within Section 99.810(3) may be applicable to the authority under that act to exercise eminent domain for the levee project, and

 

WHEREAS, the United States Army Corps of Engineers, as authorized by PL 97-128, enacted in 1981, has proposed a levee be constructed in Valley Park, Missouri, for flood control purposes, and

 

WHEREAS, on August 12, 1992, the City of Valley Park, Missouri, acting as local sponsor & the Secretary of the Army for the United States entered into a local cooperation agreement providing for the rights, duties, & responsibilities of the respective parties, providing in part that the City was to obtain all lands, easements, rights of way, disposal areas & to provide all relocations of utilities & roads for the project, and

 

WHEREAS, the city has the authority & right to condemn properties necessary for the construction of the levee, & for features incidental with the construction & operation of same pursuant to Article VI, Section 15, of the Missouri Constitution, & Section 88.667, RSMo, & Chapter 523, RSMo,

 

NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF VALLEY PARK, MISSOURI, AS FOLLOWS:

 

Section One

 

The following is deleted in Section One:

 

Pursuant to Section 99.820(3), RSMo, the City of Valley Park, Missouri, is hereby authorized to acquire by condemnation proceedings or by compromise & settlement the fee interest in the following tracts of real property owned by the parties designated & located within the City of Valley Park Levee & Infrastructure Redevelopment Area:

 

& the following is inserted in lieu thereof:

 

Pursuant to Article VI, Section 15, of the Missouri Constitution & Section 88.667, RSMo, & Chapter 523, RSMo, the City of Valley Park, Missouri, is hereby authorized to acquire by condemnation proceedings or by compromise & settlement the fee interest or other lesser interest in the following tracts of real property owned by the parties designated & located within the City of Valley Park, Missouri, for use by the City or its designees as the Valley Park Levee Project & associated infrastructure.

 

Section Two

 

The following is deleted in Section Two:

 

The aforesaid acquisitions in fee simple absolute are to be used for lands, easements, rights-of-way & disposal areas for a levee project within the City of Valley Park, Missouri, designed & constructed by the United States Army Corps of Engineers or are properties that have been declared blighted pursuant to Section 99.800, et seq, RSMo, & are in a designated Redevelopment Area.

 

& the following is inserted in lieu thereof:

 

The aforesaid acquisitions in fee simple absolute are to be used for lands, easements, rights-of-way & disposal areas for a levee project within the City of Valley Park, Missouri, designed & constructed by the United States Army Corps of Engineers.

 

Section Three

 

This Ordinance shall become effective from & after its passage & upon approval by the Mayor.

 

PASSED & APPROVED THIS _______DAY OF ___________, 200___.

 

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                                                                                 DAN MICHEL, Mayor

ATTEST:

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MARGUERITE WILBURN, City Clerk

 

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