When the council shall by resolution determine that real property
or any interest therein located within or without said city is necessary
for a public purpose, or the making of a public improvement, the board
of estimate and apportionment shall endeavor to purchase said real
property or interest therein, at an agreed price, subject to the approval
of the council. In case of agreement and approval the property may
then be purchased and title taken in the name of the city.
In case said board cannot agree with the owners of any property
or easement as to price, or in case said agreement cannot be made
by reason of the disability of any of the owners of said property,
the council may direct that such property be acquired by proceedings
instituted for the condemnation thereof in the manner provided by
law for the condemnation of real property, and the fact that the council
shall have, by resolution, determined that the taking of the property
or easement sought to be condemned is necessary for the public use,
shall, in the absence of fraud or bad faith, be conclusive upon the
question of such necessity in said proceedings.
[Repealed by L.L. No. 1-2009]
[Repealed by L. 1953, Ch. 878, § 325(2), Schedule
"A"]