WHEREAS, due to numerous factors including, but not limited to, out-of-state property owners, some whose location is unknown or uncertain, the Sanitary Board has been unable to obtain by negotiation and agreement a deed or deeds or temporary construction easements necessary for the Project; and WHEREAS, the Sanitary has no choice but to request the City to authorize the filing of civil actions for the acquisition, pursuant to the City’s power of eminent domain, of certain property interests in order to obtain the necessary pump station expansion site and temporary construction easements for the Project; now, therefore, Be it Resolved by the Council of the City of Charleston, West Virginia, as follows: Section 1. To accomplish construction of the Project in the aforesaid area of the City necessary for the health and welfare of the citizens of the City, the Sanitary must obtain a parcel of additional surface land and temporary construction easements for certain properties as set forth on Exhibit A to this Resolution. Section 2. The Sanitary Board requests the Council of the City to authorize the City, on behalf of and by and through the Sanitary Board and its counsel to file civil actions for the acquisition for the Sanitary Board, pursuant to the power of eminent domain, of the property interests set forth on Exhibit A and to take such other and further action as may be reasonably necessary to acquire the property rights for a parcel of additional surface land and temporary construction easements necessary to expand and replace the existing Emerald Heights sanitary sewer pump station. Section 3. The Council of the City hereby authorizes the City, on behalf of and by and through the Sanitary Board and its counsel to file civil actions for the acquisition for the Sanitary Board, pursuant to the power of eminent domain, of the property interests set forth on Exhibit A as needed and to take such other and further action as may be reasonably necessary to acquire the property rights for a parcel of additional surface land and temporary construction easements necessary to expand, improve and replace the existing Emerald Heights sanitary sewer pump station. Councilperson Reishman moved to approve the Resolution. Councilperson Lane seconded the motion. With a majority of members elected recorded thereon as voting in the affirmative the Mayor declared Resolution 825-16 adopted.
WHEREAS, due to numerous factors including, but not limited to, out-of-state property owners, some whose location is unknown or uncertain, the Sanitary Board has been unable to obtain by negotiation and agreement a deed or deeds or temporary construction easements necessary for the Project; and WHEREAS, the Sanitary has no choice but to request the City to authorize the filing of civil actions for the acquisition, pursuant to the City’s power of eminent domain, of certain property interests in order to obtain the necessary pump station expansion site and temporary construction easements for the Project; now, therefore, Be it Resolved by the Council of the City of Charleston, West Virginia, as follows: Section 1. To accomplish construction of the Project in the aforesaid area of the City necessary for the health and welfare of the citizens of the City, the Sanitary must obtain a parcel of additional surface land and temporary construction easements for certain properties as set forth on Exhibit A to this Resolution. Section 2. The Sanitary Board requests the Council of the City to authorize the City, on behalf of and by and through the Sanitary Board and its counsel to file civil actions for the acquisition for the Sanitary Board, pursuant to the power of eminent domain, of the property interests set forth on Exhibit A and to take such other and further action as may be reasonably necessary to acquire the property rights for a parcel of additional surface land and temporary construction easements necessary to expand and replace the existing Emerald Heights sanitary sewer pump station. Section 3. The Council of the City hereby authorizes the City, on behalf of and by and through the Sanitary Board and its counsel to file civil actions for the acquisition for the Sanitary Board, pursuant to the power of eminent domain, of the property interests set forth on Exhibit A as needed and to take such other and further action as may be reasonably necessary to acquire the property rights for a parcel of additional surface land and temporary construction easements necessary to expand, improve and replace the existing Emerald Heights sanitary sewer pump station. Councilperson Reishman moved to approve the Resolution. Councilperson Lane seconded the motion. With a majority of members elected recorded thereon as voting in the affirmative the Mayor declared Resolution 825-16 adopted.
11-7-16%20Council%20Journal_0.docx