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HomeMy WebLinkAboutOrd 1637ORDINANCE NO. 1637 AN ORDINANCE AUTHORIZING AND PROVIDING FOR THE ACQUISITION OF LANDS OR INTERESTS THEREIN BY CONDEMNATION FOR THE 2026 JOHNSON DRIVE REHABILITATION PROJECT FROM LAMAR AVENUE TO METCALF AVENUE IN THE CITY OF MISSION, JOHNSON COUNTY, KANSAS. WHEREAS, on July 16, 2025, pursuant to K.S.A. 26-201, the Governing Body of the City of Mission, Kansas (the "Cft") adopted Resolution No. 1226 (the "Resolution") declaring the necessity to appropriate private property for public use and duly authorizing and directing the completion of a survey and description of the lands or interests therein to be condemned by the City for certain public improvements, including, but not limited to, sidewalk, drainage, utility, roadway and streetscape improvements, and all attendant and necessary work associated therewith, including the construction, repair, replacement, and relocation of utilities, storage of materials, grading, operation of equipment, reconstruction of driveway entrances, and movement of a work force, together with a right of ingress and egress for such purposes, in the vicinity of Johnson Drive from the west edge of Lamar Avenue to the east edge of Metcalf Avenue within the City (collectively, "Improvements"): WHEREAS, on July 22, 2025, the Resolution was published once in The Legal Record, the official City newspaper; and WHEREAS, a survey and legal description of the lands or interests therein to be condemned have been prepared by a competent engineer and filed with the City Clerk. NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF MISSION, KANSAS: SECTION 1. Authorization to Condemn. It is hereby authorized and provided that the lands or interests legally described in Exhibit 1, attached hereto and incorporated herein by this reference, be acquired for the construction and completion of the Improvements and all attendant and necessary work associated therewith. SECTION 2. Initiation of Proceedings. It is further authorized and provided that, as soon as practicable after passage of this Ordinance, action be initiated to exercise the power of eminent domain in accordance with the Eminent Domain Procedure Act, K.S.A. 26-501 et seq., to condemn all lands and interests described in Exhibit 1. SECTION 3. Effectiveness. This Ordinance shall take effect and be in force as of the date of its passage, approval, and publication as provided by law. [Remainder of page intentionally blank, signature page and exhibit follow.] Ordinance Authorizing Condemnation (2026 Johnson Drive Rehabilitation Project) CORE/0804303.0005/200620846.2 PASSED by the Governing Body of the City of Mission, Kansas, this 30th day of July 2025. APPROVED by the Mayor, this 30th day of July 2025. Solana Flora, Mayor (SEAL) ATTEST: Robyn Iyulks, eity Clerk APPROVED AS TO FORM ONLY: David K. Martin, City Attorney Ordinance Authorizing Condemnation (2026 Johnson Drive Rehabilitation Project) COP E/0804303.0005/200620846.2