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2003-04RESOLUTION NO.2003 - 4 AIRPORT AUTHORITY FOR THE CITY OF BLAIR, NEBRASKA WHEREAS, by Resolution No. 2002-3, the Airport Authority for the City of Blair, Nebraska ("Airport Authority") authorized the expansion of the airport, acquisition of property for the expansion and empowering designated staff representatives, agents and employees of the Airport Authority to proceed with the proposed expansion project; WHEREAS, the Airport Authority has identified certain lands (hereinafter referred to collectively as "the property") necessary to be acquired by the Airport Authority for a portion of the project consisting of certain parcels to be acquired in fee simple title in furtherance of the project, the description of the parcels encompassing the property being identified by the Airport Authority to the owners of the fee simple title to the land which will be affected by the acquisition of the property, and that the Airport Authority has negotiated in good faith with the owners of said parcels of real estate for a voluntary purchase thereof, but that such negotiations have failed and that the Airport Authority has not been able to voluntarily acquire the property described on Exhibit "A" attached hereto and incorporated by this reference herein for the project and must now acquire the same by the exercise of eminent domain; NOW, THEREFORE, BE IT RESOLVED by the members of the Board of the Airport Authority as follows, to wit: 1. The project is a plan facility work and program relating to the aviation, operation, air navigation and air safety operation of the Airport Authority within the contemplation of Neb. Rev. Stat. 3-502, et. seq. and therefore the Airport Authority is authorized to undertake this project; and 2. For purposes of the project, it is necessary that the Airport Authority acquire the property described on Exhibit "A" for the project as the parcels encompassing the same are identified in the Airport Authority's offer heretofore submitted to the owners thereof; and 3. The Airport Authority has negotiated in good faith with the respective owners of said parcels described on Exhibit "A" and has offered the owners of each respective parcel, an amount of money equal to the full fair market value of the damages from the acquisition of the property, as appraised by two licensed real estate appraisers retained by the Airport Authority and a third licensed real estate appraiser who served as a review appraiser; and 4. The Airport Authority's representatives have made reasonable efforts by telephone, in person and in correspondence to induce the owners of each respective tract described on Exhibit "A" to accept the Airport Authority's offer, but that the Airport Authority's offer has been refused and that such negotiations therefore have failed; and 5. It is necessary that the Airport Authority exercise the right of eminent domain granted to it pursuant to Nev. Rev. Stat. 3-504(4) et. seq. in order to acquire the parcels of real estate described on Exhibit "A"; and 6. Economic and physical feasibility necessitate that the project be constructed in the location of the property; and 7. The Airport Authority has submitted plans and specifications of the proposed expansion project to the Federal Aviation Administration ("FAA") and the State of Nebraska Department of Aeronautics ("State of Nebraska") for review and input and has also been approved for state and federal funding for a portion of the proposed expansion project. BE IT FURTHER RESOLVED, THAT in the absence of a voluntary grant of the property by any of the respective landowners for the real estate described on Exhibit "A", the Airport Authority's legal counsel is hereby authorized and directed to initiate the filing of a petition in the County Court of Washington County, Nebraska on behalf of the Airport Authority, for the appointment of appraisers to ascertain and determine the damages from the Airport Authority's taking of the property described on Exhibit "A", pursuant to the procedures, governing eminent domain, as provided in Nev. Rev. Stat. 76-701, et. seq. 2 BOARD MEMBER HAVEKOST MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY BOARD MEMBER COMBS. UPON ROLL CALL, BOARD MEMBERS COMBS, HAVEKOST, JOHNSON, VAN SLYKE VOTING "AYE", AND BOARD MEMBERS NONE VOTING "NAY", THE CHAIRMAN DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 18TH DAY OF MARCH, 2003. AIRPORT AUTHORITY FOR THE CITY OF BLAIR BY hairman ATTEST- (SEAL) C:John's Work/City of Blair/Blair Airport Authority/2-03 4°1 Airport Resolution.doc EXHIBIT "A" TRACT I ROBERTA KRUSE