HomeMy WebLinkAbout2018-11-05-Resolutions 18-445_NW Area Water Main Chloramination - Approve Eminent DomainRESOLUTION 18-445
RESOLUTION APPROVING AND AUTHORIZING A PUBLIC IMPROVEMENT
PROJECT TO CONSTRUCT THE NORTHWEST AREA WATER MAIN
CHLORAMINATION PROJECT,FUNDING OF FINAL SITE SPECIFIC DESIGN,
FINAL ROUTE/SITE SELECTION,TO ACQUIRE LAND FOR THK PROJECT BY
PURCHASE,AND,IF NECESSARY,TO AUTHORIZE THE USE AND ACQUISITION
OF PROPERTY BY EMINENT DOMAIN
IN THE NAMEAND BY THEAUTHORITYOF THE CITY OF WAUKEE,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 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,on September 17,2018,the Waukee City Council set the time and place for a
public hearing on November 5,2018,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 THE
NORTHWEST AREA WATER MAIN CHLORAMINATION PROJECT.This project is
further described as follows:
The Project involves the construction of the Northwest Area Water Main
Chloramination Project and includes brick exterior chemical feed and storage
building,buried valve and water meter chambers,site water main piping and
appurtenances,electrical connection and stand by power,lighting,security,gravel
access drive,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
WAUKEE:
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 Northwest Area Water Main Chloramination 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.
pgjf N&
Passed by the City Council of the City of Waukee,Iowa,and approved this 5'"of,2018.
Attest:
i liam F.rd,ayor
Rebecca D.Schuett,City Clerk
RESULTS OF VOTE:
Anna Bergman
R.Charles Bottenberg
Courtney Clarke
Shelly Hughes
Larry R.Lyon
AYE
X
X
X
X
X
NAY ABSENT ABSTAIN