HomeMy WebLinkAbout2016-04-25-Resolutions 16-147_SW Area Trunk Sewer Extension - Eminent Domain - Set PHRESOLUTION 16-147
RESOLUTION SETTING DATE OF PUBLIC HEARING AND AUTHORIZING
MAILING AND PUBLICATION OF NOTICE OF INTENT TO COMMENCE A
PUBLIC IMPROVEMENT PROJECT TO CONSTRUCT THE SOUTHWEST
AREA TRUNK SEWER EXTENSION,TO FUND THE FINAL SITE-SPECIFIC
DESIGN,MAKE THE FINAL SITE SELECTION AND ROUTE,TO ACQUIRE
LAND FOR THK PROJECT OR,IF NECESSARY,BY EMINENT DOMAIN
IN THE NAME AND BY THE AUTHOBI?Y OF 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 hearing 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:
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.
Hold a public hearing,giving persons interested in the proposed project
the opportunity to present their views and objections regarding the project,
final route or site,fund final site specific design and authorize acquisition
of private property for the project by purchase and eminent domain,if
necessary all in accordance with Chapter 6B of the Iowa Code.
(c)Adopt a resolution to approve the project,final route or site,fund final site
specific design and authorize acquisition of private property for the project
by purchase and eminent domain,if necessary.
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
SOUTHWEST AREA TRUNK SEWER EXTENSION PROJECT,showing the general
configuration of the 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 5:30 P.M.on June
6,2016,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,decision to
fund final site specific design,the final site selection and/or route for the project,
and regarding the proposed acquisition of property for the project by purchase or
eminent domain if necessary.
(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,in the form required by Chapter
6B of the Code of Iowa.
Passed by the City Council of the City of Waukee,Iowa,and approve this the 25'"day
of April,2016.
William .card,Mayor
Attest:
Rebecca D.Schuett,City Clerk
ROLL CALL VOTE
Shane Blanchard
Brian Harrison
Shelly Hughes
Larry R.Lyon
Rick Peterson
AYE
X
X
X
X
NAY ABSENT ABSTAIN
X
I-
CO00
Z
IU «(
Y
U.E'
0
I-0
0
(5
05
Z
V
I.K
0
(5
2
2
05
0Z
I
IU2
«(200
05 IU
IU 0g0
20
N
LLJ ?
g LLL~~o
LI
LLI
g LLI LLI
z g CC
ILI
N 4os~
N 2
I
0
IU
IU
0
«(
IUE
IQ
0
IO
I
C«
0
O2
20
I
5
Z
Ch
O.
Z
O.
oo
CO
oo
11 O
o
oo0«