HomeMy WebLinkAboutOrdinance No. 1586 ORDINANCE NO. 1586
BEING AN ORDINANCE AMENDING
CHAPTER 9, SECTIONS 87, 88, 89, 90, 91, AND 92
OF THE CITY CHARTER OF THE CITY OF COLUMBIA HEIGHTS
PERTAINING TO EMINENT DOMAIN
The City of Columbia Heights does ordain:
Section 1:
Chapter 9, Sections 87, 88, 89, 90, 91, and 92 of the Charter of the City of Columbia
Heights which currently reads as follows, to wit:
CHAPTER 9
Section 87. POWER TO ACQUIRE PROPERTY. The city of Columbia Heights is
hereby empowered to acquire, by purchase, gift, devise or condemnation, any property,
corporal or incorporal, either within or without its corporate boundaries, which may be
needed by said city for any public use or purpose. In addition to the power to acquire
property for other public purposes, the city may also acquire, as herein provided, any gas,
water, heat, power, light, telephone, or other plant or other public utility; but no
proceedings to acquire any such public utility shall be consummated unless the city has
the money in its treasury to pay for the same or has by vote of the people made provision
for paying for the property proposed to be acquired.
Section 88. PROCEEDINGS IN TAKING PROPERTY. The necessity for the taking
of any property by the city shall be determined by the council and shall be declared by a
resolution which shall describe such property as nearly as may be and state the use to
which it is to be devoted. The acquisition of such property may be accomplished by
proceedings at law, as in taking of land for public use by right of eminent domain
according to the laws of this state except as otherwise provided in this chapter.
Section 89. PAYMENT OF AWARD. Whenever an award of damages shall be
confirmed in any proceeding for the taking of property under this chapter, or whenever
the court shall render final judgment in any appeal from any such award, and the time for
abandoning such proceedings by the city shall have expired, the city shall be bound to
and shall, within sixty days of such final deternination, pay the amount of the award with
interest thereon at the current judgment rate set by State Statute from the date of the
confirmation of the award or judgment of the court, as the case may be; and if not so
paid, judgment therefore may be had against the city. (Ordinance No. 1468, passed
December 15, 2003)
Section 90. CITY MAY ABANDON PROCEEDINGS. The city may, by resolution of
the council at any stage of the condemnation proceedings, or at any time within thirty
days after any commissioners appointed by the court hereunder shall have filed their
report with the clerk of court, or in case of any appeal to the district or supreme court at
any time within thirty days after final determination thereof, abandon such proceedings as
to all or any parcel of the property sought to be acquired and shall pay all costs thereof.
Section 91. CITY MAY TAKE ENTIRE PLANT. In case the city shall condemn a
public utility which is operated at the time of the commencement of condemnation
proceedings as one property or one system, it shall not be necessary in such
condemnation proceedings or any of the proceedings of the council, to describe or treat
separately the different kinds of property composing such system, but all of the property,
lands, articles, franchises and rights which enter into and go to make up such system,
may, unless otherwise ordered by the court, be treated together as constituting one
property and an award for the whole property in one lump sum may be made by the
commissioners on condemnation or other body assessing the damages.
Section 92. EASEMENTS, HOW ACQUIRED. Easements for slopes, fills, sewers,
building lines, poles, wires, pneumatic tubes, pipes and conduits for water, gas, heat and
power, may be acquired by gift, devise, purchase or condemnation in the manner
provided by law.
IS HEREWITH AMENDED TO READ AS FOLLOWS:
CHAPTER 9
Section 87. POWER TO ACQUIRE PROPERTY. The city of Columbia Heights is
hereby empowered to acquire, by purchase, gift, devise or condemnation, any property,
corporal or incorporal, either within or without its corporate boundaries, which may be
needed by said city for any public use or purpose. In addition to the power to acquire
property for other public purposes, the city may also acquire, as herein provided, any gas,
water, heat, power, light, telephone, or other plant or other public utility; but no
proceedings to acquire any such public utility shall be consummated unless the city has
the money in its treasury to pay for the same or has by vote of the people made provision
for paying for the property proposed to be acquired. The general laws of the State of
Minnesota relative to Eminent Domain shall govern the City of Columbia Heights.
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property and an award for the whole property in one lump sum may be made by the
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provided by law.
Section 2:
This Ordinance shall be in full force and effect from and after ninety (90) days after its
passage.
First Reading: August 9, 2010
Second Reading: August 23, 2010
Date of Passage: August 23, 2010
Offered By: Kelzenberg
Seconded By: Williams
Roll Call: Ayes: Peterson, Williams, Nawrocki, Diehm, Kelzenberg
Mayor Garyi . Peterson
' atricia Muscov , CMC City Clerk