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HomeMy WebLinkAbout2016-06-20-Resolutions 16-245_NW Trunk Sewer Extension and South Sanitary Outfall Sewer - Proceed with Acquiring PropertyRESOLUTION 16-245 RESOLUTION APPROVING AND AUTHORIZING A PUBLIC IMPROVEMENT PROJECT TO CONSTRUCT NORTHWEST TRUNK SEWER EXTENSION PROJECT AND SOUTH OUTFALL SEWER PROJECT)FUNDING OF FINAL SITE SPECIFIC DESIGN,FINAL ROUTE/SITE SELECTION,TO ACQUIRE LAND FOR THE PROJECT BY PURCHASE,AND,IF NECESSARY,TO AUTHORIZE THE USK AND ACQUISITION OF PROPERTY BY EMINENT DOMAIN IN THE NAME AND BY THE A UTHORlTY OF THE CITY OF IYA UKEE,108'A 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 May 9,2016,the Waukee City Council set the time and place for a public hearing on June 20,2016,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 NORTHWEST TRUNK SEWER EXTENSION PROJECT AND SOUTH OUTFALL SEWER PROJECT.This project is further described as follows: The project begins at an existing manhole at the north end of the existing 42-inch diameter South Outfall Sewer approximately 400 feet east of the Painted Woods Drive cul-de-sac.From that point a 36-inch diameter sewer extends north and northwest to the existing Sugar Creek Lift Station north of 312'Place approximately 1,500 feet east of Ute Avenue.From that point a 30-inch diameter sewer extends north parallel to the existing 24-inch diameter Sugar Creek Trunk Sewer to an existing manhole at the south end of the existing 36-inch diameter North Outfall Sewer approximately 1,300 feet east of Ute Avenue and 1,600 feet north of 312'"Place.A 36-inch diameter sewer extends north from an existing manhole at the north end of the existing 36-inch North Outfall Sewer approximately 150 feet west of the Hannah Lane cul-de-sac to Lift Station No.I at the Wastewater Treatment Facility.A 24-inch diameter sewer extends northwest across Sugar Creek Golf Course from an existing manhole approximately 1,350 feet east of Ute Avenue and 2,300 feet north of 312'"Place to a point west of Ute Avenue approximately 1,450 feet south of University Avenue.Two sewers extend from that point.The first sewer is a 12-inch diameter sewer that extends north to a point at the southwest corner of the intersection of University Avenue and Ute Avenue.The second sewer is a 24-inch diameter sewer that extends northwest to a point east of T Avenue approximately 2,800 feet south of Hickman Road.From that point an 18-inch diameter sewer extends north to a point at the northeast corner of the intersection of T Avenue and Hickman Road.From that point an 18- inch diameter sewer extends west to a point north of Hickman Road approximately 600 feet west of T Avenue. 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,BK IT RESOLVED BY THK CITY COUNCIL OF THK CITY OF WAUKEK: 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 Trunk Sewer Extension Project and South Outfall Sewer Project are 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 approved this 20'"of June,2016. illiam F card,ayor Attest: Rebecca D.c uett,City Clerk ROLL CALL VOTE Brian Harrison Shelly Hughes Larry R.Lyon Rick Peterson VACANT SEAT AYE X X NAY ABSENT ABSTAIN X