HomeMy WebLinkAbout2010-05-17-Resolutions 10-156_Alice's Rd Corridor - Ashworth to University-Outfall Sewer - Set PHTHE CITY OF WAUKEE,IOWA
RESOLUTION 10-156
RESOLUTION SETTING DATE OF PUBLIC HEARING AND AUTHORIZING
MAILING AND PUBLICATION OF NOTICE OF INTENT TO COMMENCE A
PUBLIC IMPROVEMENT PROJECT TO CONSTRUCT ALICE'S ROAD
EXTENSION FROM ASHWORTH ROAD TO UNIVERSITY AVENUE AND
THE WAUKEE FOX CREEK/ALICE'S ROAD OUTFALL SEWER,TO
ACQUIRE AGRICULTURAL LAND FOR THE PROJECT,AND TO
AUTHORIZE THE USE AND ACQUISITION OF PROPERTY BY EMINENT
DOMAIN
WHEREAS,under the provisions of Chapter 6B of the Iowa Code,a govemmental 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 lmown to be occupying the property p110r 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,grvmg 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)Adopt a resolution to approve the project and authorize acquisition of private
property for the proj ect 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
Alice's Road Extension from Ashworth Road to University Avenue and the Waukee 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
21,2010,in the Council Chambers ofthe 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 proj ect by purchase or
eminent domain.
(b)Adopting a resolution to approve the project and authorize acquisition of private
property for the proj ect 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 obj ections regarding the proj ect 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:
L.Kooistra,City Administrator/Clerk
ROLL CALL VOTE
Shane Blanchard
Dan Dutcher
Casey L.Harvey
Darlene Stanton
Mike Watts
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