February 4, 2009


7:00 P.M. Mayor Paslay brought the Lecompton City Council special meeting to order at 327 Elmore, Lecompton, KS. Council Members Jimmy Wilkins, Christy Mallonee, Mark Tunstall, Jennifer Smith and Tim McNish were present. Also present were the following: City Superintendent, Justin Van Winkle, City Clerk, Sandy Nichols and City Attorney Lee Hendricks.

The Special Meeting is to discuss the passage of a resolution to allow the acquisition of property for a new water tower by eminent domain.

City Attorney Lee Hendricks informed the council, the owner of the property where the new water plant is to be located, had not signed the contract that had verbally been agreed to. After discussion regarding Resolution No. 256 to obtain fee property, permanent easements and temporary easements and efforts to purchase the property from the owners has not been possible, the council finds it necessary to use the power of eminent domain for acquisition of the property.

Jennifer Smith made a motion to approve Resolution #256. Mark Tunstall seconded the motion and the vote passed 5 yeas, 0 nays.

There was discussion regarding the time line to complete the legal acquisition and to continue with the tower. There was discussion if the property owner signed the contract prior to a court date. If the signed contract arrived in time to be more cost effective than continuing to court, the contract would be accepted. Otherwise, the process to continue with eminent domain procedures would continue.

7:10 P.M. Jennifer made a motion to adjourn. Mark seconded the motion and the vote passed 5 yeas, 0 nays.
Sandy Nichols, City Clerk