The City shall have the power to appropriate any property within or without its corporate limits, for any purpose for which such property may be lawfully appropriated by a City which has adopted a charter for its government.
When it is deemed necessary to appropriate property, the Council shall adopt a resolution declaring such intent, defining the purpose of the appropriation, setting forth a pertinent description of the property, and the estate or interest therein desired to be appropriated.
Immediately upon the adoption of such resolution, for which but one reading shall be necessary, and regardless of its approval by the Mayor, the Mayor shall cause written notice thereof to be given to the owner of, person in possession of, or having an interest of record in, every piece of land, or his or her authorized agent, and to the owner of, person in possession of, or person having an interest of record in, the public utility sought to be appropriated, or his or her authorized agent, and such notice shall be served by a person designated for the purpose, and return made in the manner provided by law for the service and return of summons in civil actions. If such owner, person, or agent, cannot be found, notice shall be given by publication once a week for three consecutive weeks in a newspaper of general circulation in the City, and the Council may thereafter pass an ordinance directing such appropriation to proceed.
Forthwith after the effective date of such ordinance the Director of Law shall make application to a court of competent jurisdiction or to a judge thereof in vacation which shall describe as correctly as possible the land or other property to be appropriated, the interest or estate therein to be taken, the object proposed, the name of the owner of each parcel of land or of the utility sought to be appropriated and of each person having possession thereof or an interest of record therein.
All subsequent proceedings with regard thereto shall be in the manner provided by general laws for the appropriation of property by municipal corporation in this State.
(Amended by electors 11-7-00)