HomeMy WebLinkAbout2016-06-06-Resolutions 16-220_SW Area Trunk Sewer Extension - Proceed to Acquire PropertyRESOLUTION 16-220
RESOLUTION APPROVING AND AUTHORIZING A PUBLIC IMPROVEMENT
PROJECT TO CONSTRUCT SOUTHWEST TRUNK SEWER EXTENSION PROJECT,
FUNDING OF FINAL SITE SPECIFIC DESIGN,FINAL ROUTE/SITE SELECTION,
TO ACQUIRE LAND FOR THK 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 WA UKEE,IO8'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 April 25,2016,the Waukee City Council set the time and place for a public
hearing on June 6,2016,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 SOUTHWEST TRUNK
SEWER EXTENSION PROJECT.This project is further described as follows:
The project begins at an existing manhole west of Ute Avenue approximately
2,100 feet south of Ashworth Road.From that point a 24-inch diameter sewer
extends northwest to a point approximately 1,100 feet south of Ashworth Road and
1,450 feet west of Ute Avenue.From that point a 15-inch to 18-inch diameter
sewer extends northwest to a point approximately 600 feet south of Ashworth
Road and 1,650 west of Ute Avenue.Two sewers extend from that point.The
first sewer is a 12-inch diameter sewer that extends north to a point south of
Ashworth Road approximately 1,400 feet west of Ute Avenue.The second sewer
is a 12-inch to 15-inch diameter sewer that extends northwest to a point south of
Ashworth Road approximately 2,200 feet west of Ute 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,BE IT RESOLVED BY THE CITY COUNCIL OF THE 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 Southwest Trunk Sewer Extension Project 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,an approved this 6'd y of June,2016.s
illiam F.card,Mayor
Attest:
Rebecca D.Schuett,City Clerk
ROLL CALL VOTE
Brian Harrison
Shelly Hughes
Larry R.Lyon
Rick Peterson
VACANT SEAT
AYE
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NAY ABSENT ABSTAIN
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