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Home My Public Portal AboutResolution 11-98 Acqstn of Suebert PropertyRESOLUTION NO. cJr A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCCALL, IDAHO, AUTHORIZING THE ACQUISITION OF PROPERTY FOR THE CITY'S SEWER SYSTEM, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of McCall, Valley County, Idaho (the "City") must construct, operate, and maintain treated wastewater effluent storage reservoirs (the "Reservoirs") as part of the ongoing J Ditch Sewer Project; and WHEREAS, the City has made every good faith effort to locate the Reservoirs on property owned by Mr. J. P. Seubert (the Seubert Property or the Site) which the City had earlier identified as a potential site for the Reservoirs; and WHEREAS, despite such efforts, the City has learned that the Seubert Property is unsuitable for location of the Reservoirs because, among other reasons, preliminary geotechnical, physical, and legal evaluation of the Seubert Property shows that: (1) to locate the Reservoirs on the Property will result in steep slopes may prove unsafe for the dams necessary for the Reservoirs; (2) the materials at the Site appear to be too porous and sandy to construct the necessary dams; (3) the relocation of the existing asphalt hatching plant has been unanimously denied by the McCall Impact Area Planning and Zoning Commission; (4) the Site may contain hazardous materials; (5) the Site contains approximately 6 acres of wetlands; and (6) for the above -listed and further reasons the Site will not be available for location of the Reservoirs within the time period required by the City's cooperative agreement with the Bureau of Reclamation and other government agencies having authority over such a project; and WHEREAS, the Seubert Property cannot be used for the Reservoirs, the City would prefer to purchase an alternative site that is most compatible with the greatest public good and the least public injury; and WHEREAS, the City through the City Manager has in good faith attempted to reach an agreement with the owner of an alternative parcel of property for purchase of such property; and WHEREAS, despite the City directly communicating with the owner and attempting to negotiate an agreement to purchase such property, the City was unable to make any reasonable bargain to purchase the property at this time; WHEREAS, the City Attorney may need to prepare and file a Complaint for Condemnation to acquire an alternative site to meet the time frames required by state and federal permits, agreements, and related obligations: Page 1 tlti NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO, as follows: Section 1: The Council hereby directs the City Attorneys to file a summons and complaint pursuant. to Title 7, Chapter 7, of the Idaho Code which authorizes cities to condemn property for public purpose such as the Reservoirs necessary to the City's sewer system, and condemn property located in Valley County, Idaho, constituting approximately 160 acres owned by George Bezates, and more particularly identified on the map attached as Exhibit A. The Council further authorizes the City Attorney to associate such other special legal counsel with specific expertise in condemnation actions as the City Attorneys deem necessary provided compensation for such other attorneys shall not exceed $125.00 an hour. Special legal counsel will consist of William A. McCurdy and Kara Lee Barton of the firm Brassey, Wetherell, Crawford and McCurdy located in Boise, Idaho, see attached Exhibit B. Special counsel will work under the direction of the City Attorney, City Manager and the City Council. The Mayor is hereby authorized to sign a contract for special legal counsel and to sign a Complaint for Condemnation on behalf of the City. Section 2: The City also finds that it may be necessary to make preliminary physical and geotechnical examination of the property and pursuant to authority granted to the City by Section 7-705, Idaho Code which authorizes City agents to enter upon the property for such purposes, the Council authorizes the City Manager to obtain the necessary examination. Section 3: That this Resolution shall be in full force and effect immediately upon its adoption and approval. DATED this � 1 day of September, 1998. ATTEST: Page 2 CITY OF MCCALL Valley County, Idaho By Kirk Eimers, Mayor ry I 4- Copeland . v t I — - - - = — +I 0 Flats. I: 1 I'Ji ,. - - i 5031 Bezates � • • Soso\ \ Mile SPECIAL CITY ATTORNEY AGREEMENT PARTIES William A. McCurdy Brassey, Wetherell. Crawford & McCurdy Attorneys at Law P. O. Box 1009 Boise, Idaho 83701 City of McCall 216 Park Street P. O. Box 986 McCall, Idaho 83638 PURPOSE The City of McCall (City) desires to retain the services of William A. McCurdy to provide legal counsel and representation to City for purposes of acquiring a site for treated wastewater effluent reservoirs ("reservoirs"). SCOPE OF WORK Mr. McCurdy will sere as "second chair" in the event the condemnation for the reservoir site is necessary. City Attorney, Susan E. Buxton will serve as lead counsel in this case. COMMENCEMENT AND COMPLETION This Agreement will last for the duration of the reservoir and condemnation case. including_ appeals, if any. DUTIES OF MR. McCURDY Services provided by Mr. McCurdy under this Agreement will be on a best efforts basis. DUTIES OF THE CITY OF McCALL The City Attorney shall provide a Special City Attorney appointment for Mr. McCurdy's services in the case liste,d above. PAYMENT Payment to Mr. McCurdy will be on an hourly basis, computed at $125.00 per hour. Any other attorneys or paralegals from Mr. McCurdy's firm will be billed at $100.00 per hour or less. Mr. McCurdy will provide regular billings on this matter to the City. INDEPENDENT CONTRACTOR STATUS Mr. McCurdy, in the performance of his duties under this Agreement, shall be deemed to be an independent contractor, and not an employee of the City. EXHIBIT" IS __ TERIVIIN A TION This Agreement may be terminated at the convenience of the City or of Mr. McCurdy upon thirty (30) days written notice of either party at the above addresses. In the event of termination, payment will be made for work accomplished as of the time of the termination. OFFICIAL CONTRACT All communication concerning this Agreement, except as noted above with regard to Payment. will be with the City Attorney and the City Manager with guidance from the City Council. DATED this day of September, 1998. KIRK EIMERS Mayor. City of McCall ATTEST: City Clerk WILLIAM A.. McCURDY BRASSEY, WETHERELL. CRAWFORD & McCURDY, LLP. 1001 West Idaho, 3rd Floor P. O. Box 1009 Boise, Idaho 83701 CITY COUNCIL AGENDA BILL Number AB 980-114 Date September 3,1998. City Of McCall PO Box 986 McCall, Id 83638 INFORM7 I SUBJECT: Land Acquisition J Ditch Onginal Agenda Date & Bill No. Department/Committee/Individual Iniblals Remarks A P P Mayor / Council City Manager City Clerk / Treasurer , Originator R City Attorney O City Engineer V P & Z Administrator COST IMPACT: A Public Works FUNDING SOURCE: Grant Funds L Golf Course S Parks & Recreation TIMELINE: Immediate Other SUMMARY STATEMENT: The attached resolution is to be considered by the City Council. Should land acquisition be negotiated or condemnation initiated the attached contracts are recommended to be approved by the City Council. RECOMMENDED ACTION: Motion to approve purchase and sale agreement or resolution for condemnation. Motion to approve contracts with RH2 and Kleinfelder. ORD+ COUNCIL. ACTIf Meeting Date Action