HomeMy WebLinkAboutResolution 68-22 BE iT HEREBY RESOLVED By the City Council of the city of Columbia
~eights, that the land aquisition policy of the City of lands for
public purposes shall be as
1. Every reasonable effort shall be made to aquire the
property by negotiated purchase before ins=ituting eminent
domain proceedings.
2. No owner shall be required to surrender Possession of real
property until the City pays, or causes to be paid, to the
owner:
(a) The agreed purchase price arrived at by negotiations, or
(b) in cases whz~e the amount of payment to the owner is the
only item in dispute, not less than 75 percent of the
appraised fair value as approved by the City Council.
3. No. person lawfully property shall be required to
surrender possessio~ccupying
of said property without at least 90
days written notice from the City setting forth the date on
which POSSession will be required.
Date: June 24, 1968
Offered by:__ _ Jeska
Seconded by:.. Logacz
Roll Call:_ All Ayes.
=urenary of the CoUnCi~----~---'
27, 1968
On May 27, 1968, for value received,' the undersigned, Gl!-y of Ooiu~bla
Heights, a ~(uni~i~i Gorget!on ~ga~zed Under ~he
acta, h~by p~mises ~o ~ ~o ~he Ordsr of A~che Real~y Fund, a liml~e~ ~ner-
sum of Eigh~ Thousand Three Hu~rad Ninety-Four and 38/100 Dollars ($8,3~4.38)
w i~h no ~n~erest un~l maturity.
T.kis note is ore of a series of four notes of e'.¢en date herewith in ~.he ag-
gregate ~rfnci~! sum ~ Th~y-Three Thousand Five ~undred Sevent~-Seven and
52/100 I:cliars ($33,577.52}, this ?~,e ~ab~!ng ca ~fay 27, 1972, and evfdences
a bo~wing under, and sub~ac~ ~o, ~be ~%{ms of a Loan Agreemen~ dated ~,{ay ~7,
i968, ~e~:een ~e undersl~n~d City ~f ~,o~umbla ~' h ,
~d the ab~e-~ed Apache Fealty Fund, therein called ARF. Upon the ~cu.r~-nce
of any of ~e events soecified [~ Paragraph 4 ~ -" ~ '- ~ - the r.n~o~
of this ~.~9~e may be .Jec[ared to be forby!th due a~ ~yab!e in ~he m~ner ay~ with
~e e~sc~ prov!dad in such L~n A~recmen/. This ~o~e La subject to the ~a~ a~
reduction schedule contained ia Pa~ff~h 2 of such Loan A~reemen~,
notice of protest are hereby waiv -~ by ail parties to this
GiTY OF ooLUMBtA I-FEtGR~S
Malcolm O. V'atson, City
LOAN REE. AG
Oolu~la Heluh~s, a ~unto[pal rJ~pora~ion, here[~ftsr oat~ed "Ol~y," and A~che
R~aity Fund, a limited pa~a~rship, hereinafter called
~ ITNESSETI~:
WHEREAS, ~RF, In th~ further development of its f~p~r~tas, de~lr~ to have
a certain portion of S~l.nson Boulevard r~paved; and
po~lon of Stln~n Boulevard; and
~'~REAS, The G[~y is desirOu~ of bar. wing, ~nte~s~ free, certain sums f~m
ARF:
NO~N, TI{EREFORE, It is agreed as foi!o~s:
i. ~ ~ub~ect to the te~' and conditions stated h~rei~, .aRF shall lend
~ the City Thirty-Three Thousand Five Hunted Z ~ven~y-Seven and 52/i00 Dollars
o~ Exhibit A a~ta~hed hereto, each in thc ~r~nc!pa~ amoun~ of ~l~ht Thousand. Three
maturity, the fifs~ note bel~ payab[~ four (~) years from the date of recei~ of the
~ter,
2. P~YS~E~'~'~ Th~ City sh~lt have the r[uht to
a~ any t~me b~fore maturity, and uponsuch prepaymenk of alt the notes in fu~, i~ shall
~chedule:
If the ~otea are paid
in Full at any tb'a~ durta~
the ~ ~J2~c~a~_,year
t969
].970
Amount of reduC~.ton
sha~! be
Total Amoun~ lo be
6,617.00 26,~60.00
/
Scheclt~le (Co~,)
I.,~,~73 I,~78.0g ~1,89g.00
1974 t,';~3,00 32,234. O0
i975 t,007.00 3Z,570.00
I976 672.00 32. 905 · O0
977 9.00 33,377.
until it has received thc fotiowing:
(a) An c~::4nion of counsel cf the City, satisfactory fJ,~ form and sub-
~3xccu~e and r el[vet ~h~,~ agreement ant' ~'he m'~e~ r.~fe~e4 to
herein, ~htoh opinion .e~alt provide that this lo~n ~hall no~ sub-
(b) A certified copy of [h~'* resolution of th.: C:ity Gounc[! authorizing
the execution and deliva~ of thfs agreement and the notes refe~ed
A c~ified copy of an executed contract ben.yeah the City and the
roadway on sttnson Boutevac~ from 37th Avenue 'N, rthea~t through
4. DEFAULT, Upon the occurr::nce of :~ny of the following <treats, all unpaid
~tes ~ferre:.i to heraLD shall become fo~hwith 0ua and payabb~ on demand of ARF with-
of any kind, ~tl of ,~vh}.ch are hereby e×preasly waived b~- U'~.-:' Ci~yt
(a) Any defaut, t by tl~o C;.Itv tn the payment, vh,?n ~u,'., of ~ny Dart of
the prfnc~pal on any of the notes refe~ed to herein.
(b)
Any branch or failure of the City to perform, any ~erm or condition
of this agreement or its agreemen~ '~itb the V~ltag~ '~f St, ~nthony
(c) The giving of any statement, ,~.:rtificate of repres?ntatf.on tn or
pursuant to this aqr~em+)nt pr~wlng to be untrue ~:': ~ny respect,
LOAN AGREEMENT - 3
5. N,-lther t~;,:? failure nor any ,~et;~y on th~-, part ~f ~PF to ,,>:e~i~e any
othe~ ~r furthc>~ ~x~r~.~? thereof, or ~hc ~e~cts~ of any o~hc~ ~igh~, po~er, or
!~ WITNESS ~'}iE~OF, The pa~ies hereto have sot their hands the da~, and
year f~t above ~rtkt~n.
BY: APACHE CORPORATION-General
Pa~'~e r , .,-~_/~
've Vice President
Secretary
~ - ',- ~ rote t~ ~ ;~ a ~ ~ ~ .~e~. ~ ~ d~t~', hCWf~ .t~ the a.g-
.~- ' htr, ~here-tn m}l~ ~he Olty,
~' '- ~ ~ls N~ m~y be d~clarec ~o be fo~hwi~h due a~ ~vable in
= -~? }e~on sChe~te ~onta~ed in Pa~emph :2 of SuCh LC~n Agreement}