HomeMy WebLinkAbout2017-11-20-Resolutions 17-526_Alice's Rd Corridor Phase 5 - Approve Eminent DomainRESOLUTION 17-526
RESOLUTION APPROVING AND AUTHORIZING A PUBLIC IMPROVEMENT
PROJECT TO CONSTRUCT THE ALICE'S ROAD —PHASE 5 IMPROVEMENTS
PROJECT,FUNDING OF FINAL SITE SPECIFIC DESIGN,FINAL ROUTE/SITE
SELECTION,TO ACQUIRE LAND FOR THE PROJECT BY PURCHASE,AND,IF
NECESSARY,TO AUTHORIZE THK USK AND ACQUISITION OF PROPERTY BY
EMINENT DOMAIN
INTHENAMEANDBYTHEAUTHORITYOF THECITYOF WAUICEE,IOWA
WHEREAS,under the provisions of Chapter 6B of the 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 eininent 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,on October 16,2017,the Waukee City Council set the time and place for a public
hearing on November 20,2017,at 5:30 P.M.at which time persons interested in the following
described project may present their views and objections regarding the commencement and
location of the proposed project,and regarding the proposed acquisition of property interests for
the project by purchase or eminent domain,which project is to be known as the ALICE'S ROAD
—PHASE 5 IMPROVEMENTS PROJECT.This project is further described as follows:
The project involves the Construction of the Alice's Road Improvements -Phase 5
from SE Olson Drive north to SE Horizon Drive including approximately 38,130
square yards of 10"PCC Mainline Pavement,7,810 square yards of 10"PCC
Widening Pavement,3,300 square yards of 8"PCC Driveway,4680 square yards
of Trail,1050 square yards of Sidewalk,5,390 lineal foot of Concrete Storm
Sewer,47 Storm Sewer Structures,1,600 lineal foot of water main,hydrant
assemblies,valves,traffic signalization,lighting,permanent pavement markings
and signage,temporary traffic conuol,surface restoration and miscellaneous
associated work.
WHEREAS,due notice of the proposed project was given as provided by law,setting forth the
time and place for hearing on the proposal,funding the final site specific project,to select the
design and route of the project and to authorize the acquisition of property and property interests
through negotiation,or if necessary,the use of eminent domain;and
WHEREAS,the Waukee City Council having held the hearing in accordance with the notice to
receive and consider input regarding the commencement of the proposed public improvement
project,its funding,its location and the acquisition of property interests for this project by
purchase or,if necessary,eminent domain;and
WHEREAS,in accordance with Iowa Law,those interested in this proposed project,both for
and against,have been given an opportunity to be heard with respect thereto and have presented
their views to the Waukee City Council.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WAUKKK:
1.That all objections and endorsements having been fully reviewed and considered,the
hearing providing the opportunity for public input on the questions of the proposed
public improvement,funding of the final site specific project,select the site and route
of the project and to authorization of the acquisition of property and property interests
by purchase,or if necessary the use of eminent domain for the project is hereby
concluded and closed.
2.That the proposed Alice's Road —Phase 5 Improvements Project is hereby approved
and the City shall proceed accordingly.Funding for the project and the final site
specific design is hereby authorized.The final location of the route as set forth in the
project map on file with the City Clerk is also approved.
3.That acquisition of private property and all property interests for this project,
including acquisition by eminent domain (condemnation)if necessary,is hereby
authorized.
Passed by the City Council of the City of Waukee Iowa,and a p oved this 20'"day of
November,2017.
ilia F.Pear,May r
Rebecca D.Schuett,City Clerk
ROLL CALL VOTE
Anna Bergman
R.Charles Bottenberg
Brian Harrison
Shelly Hughes
Larry R.Lyon
AYE
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X
NAY ABSENT ABSTAIN
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