HomeMy WebLinkAbout2016-08-15-Resolutions 16-347_Fox Creek Trunk Sewer Phase 3 - Proceed to Acquire PropertyRESOLUTION 16-347
RESOLUTION APPROVING AND AUTHORIZING A PUBLIC IMPROVEMENT
PROJECT TO CONSTRUCT FOX CREEK TRUNK SEWER PHASE 3 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 USE AND ACQUISITION OF PROPERTY BY EMINENT DOMAIN
IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WAVKEE,IO@'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 July 5,2016,the Waukee City Council set the time and place for a public
hearing on August 15,2016,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 FOX CREEK
TRUNK SEWER PHASE 3 PROJECT.This project is further described as follows:
The project begins at an existing manhole east of SE Waco Place and north of
Ashworth Road.From that point a 15-inch diameter sewer extends north to a point
west of SE Waco Place approximately 450 feet north of Ashworth Road.From
that point a 15-inch diameter sewer extends northwest to a point approximately
400 feet west of SE Waco Place and approximately 800 feet north of Ashworth
Road.From that point a 15-inch diameter sewer extends north to a point
approximately 500 feet west of SE Waco Place and approximately 400 feet south
of Westown Parkway.From that point a 15-inch diameter sewer extends east to a
point west of SE Waco Place approximately 400 feet south of Westown Parkway.
From that point a 15-inch diameter sewer extends north to a point west of SE
Waco Place and north of Westown Parkway.
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 Fox Creek Trunk Sewer Phase 3 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 approved this 15'"of August,2016.
Attest:
illi F.Pear,Mayor
Rebecca D.Schuett,City Clerk
ROLL CALL VOTE
Anna Bergman
Brian Harrison
Shelly Hughes
Larry R.Lyon
Rick Peterson
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NAY ABSENT ABSTAIN