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HomeMy WebLinkAbout2010-05-03-Resolutions 10-118_Fox Creek-Alice's Rd Outfall Sewer - Set PHTHE CITY OF WAUKEE,lOW A RESOLUTION 10-118 RESOLUTION SETTING DATE OF PUBLIC HEARING AND AUTHORIZING MAILING AND PUBLICATION OF NOTICE OF INTENT TO COMMENCE A PUBLIC IMPROVEMENT PROJECT TO CONSTRUCT WAUKEE FOX CREEK/ALICE'S ROAD OUTFALL SEWER,TO ACQUIRE AGRICULTURAL LAND AND OTHER LAND FOR THE PROJECT,AND TO AUTHORIZE THE ACQUISITION OF PROPERTY BY EMINENT DOMAIN WHEREAS,under the provisions of Chapter 6B ofthe Iowa Code,a governmental body which proposes to acquire agricultural land under power of eminent domain for a public improvement project is required to give notice of intent to commence the project to all owners of such agricultural land whose properties may be acquired in whole or in part for the project (See Sections 6A.21(a)and 6B.2A of the Iowa Code);and WHEREAS,under the provisions of 6B.2D of the Iowa Code,the acquiring agency is required to give notice of a proposed resolution,motion,or other document authorizing acquisition of property by eminent domain to each property owner,contract purchaser of record and any tenant known to be occupying the property prior to the date of the meeting at which such proposed authorization will be considered;and WHEREAS,a map has been prepared which shows this proposed improvement and identifies the proposed properties with any potential for any form of property acquisition activity;i.e.,temporary construction easements,permanent easements,and fee simple interests;and WHEREAS,before the City of Waukee can proceed with said project,the Waukee City Council must: (a)Hold a public hearing,givmg persons interested in the proposed project the opportunity to present their views and objections regarding the project and regarding the proposed acquisition of property for the proj ect by purchase or eminent domain. (b)Adopt a resolution to approve the project and authorize acquisition of private property for the project by eminent domain. (c)Mail notices as required by Iowa Code Section 6B.2A to all property owners and contract purchasers of agricultural land with any potential for any form of property acquisition activity for this project and publish notice as specified in the Iowa Code. I NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WAUKEE:That the attached map for this improvement to be known as the Fox Creek/Alice's Road Outfall Sewer showing the proposed improvement and identifying the proposed properties with any potential for any form of property acquisition activity;i.e.temporary construction easements,permanent easements,and fee simple interests,be and is hereby received and put on file for public inspection. BE IT FURTHER RESOLVED,that this City Council will meet at 5:00 P.M.on June 7,2010,in the Council Chambers of the Waukee City Hall for the purpose of: (a)Holding a public hearing,giving persons interested in the proposed project the opportunity to present their views and objections regarding the project,and regarding the proposed acquisition of property for the project by purchase or eminent domain. (b)Adopting a resolution to approve the project and authorize acquisition of private property for the project by purchase or eminent domain. BE IT FURTHER RESOLVED,that the City Clerk is hereby instructed to cause notice to be published and mailed as required by law of the pendency of this resolution and of the time and place of the hearing at which persons interested in the proposed project may present their views and objections regarding the project and regarding the acquisition of property for the project by purchase or eminent domain,said Notice of Intent to be in substantially the attached form. Attest: ooistra,City Administrator/Clerk ROLL CALL VOTE Shane Blanchard Dan Dutcher Casey L.Harvey Darlene Stanton Mike Watts AYE NAY ABSENT ABSTAIN 2 --- =SEWER SERVICE BOUNDARY -CiRAVlTVSEWER ---PROPOSED ROAD ROW WAUKEE,IOWA .." PRELIMINARY FOX CREEK OUTFAll SEWER ALIGNMENT