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HomeMy WebLinkAbout24-27 Authorizing Negotiations, Purchase and Acquisition by Eminent Domain of Certain Real Property Interest for the Public Use and Purpose of Constructing Water Facilities 2-28-2024RESOLUTION NO.24-27 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO AUTHORIZING NEGOTIATIONS, PURCHASE AND THE ACQUISITION BY EMINENT DOMAIN OF CERTAIN REAL PROPERTY INTEREST NECESSARY FOR THE PUBLIC USE AND PURPOSE OF CONSTRUCTING WATER FACILITIES WHEREAS, the Town of Firestone ("Town") operates a municipal water system; and WHEREAS, the Town has acquired certain water rights related to maintaining an adequate water supply to operate its water system; and WHEREAS, operating the Town's water system and maintaining the Town's water supply requires the construction of certain water facilities, including wells; and WHEREAS, the Town is authorized under the laws of the State of Colorado to acquire property interests which are necessary for public use, by use of negotiation or eminent domain. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE COLORADO: 1. The Board of Trustees (`Board") hereby finds and determines that there is a public need and necessity to construct wells for the purpose of maintaining the Town's municipal water system. 2 The Board hereby finds and determines that there is a public need and necessity to acquire certain property interests, set forth in the attached exhibit, which is incorporated herein, in furtherance of the public purpose described herein and that such acquisitions are for the public benefit, welfare, and safety. 3. The Board hereby directs its agents and representatives to negotiate in good faith for the acquisition of the necessary property interests. 4. The Board hereby authorizes retaining a real estate appraiser, preparation of necessary legal descriptions, and obtaining a title policy necessary to facilitate the acquisition of the required property interests and for related negotiations. 5. The Board hereby finds that if its agents and representatives are unable to acquire such property interests through a voluntary transaction, then the Town may acquire the necessary property through the exercise of its power of eminent domain. INTRODUCED READ AND ADOPTED this 28's day of February 2024. 100060728-1) ATTEST: I� OWN OF�/� i�' COLORADO By: Frank Jimenez, I Iayor o Tern Gonzalez, Interim To rowN n APPROVED AS TOARM: A" William P. Hayashi, To n Attorney 100060728-1)