HomeMy WebLinkAbout2018-09-17-J01zCC NW Area Water Main Chloramination_Eminent Domain_Set PHAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: September 17, 2018
AGENDA ITEM:Consideration of approval of a resolution setting date of public hearing and
authorizing mailing and publication of Notice of Intent to Commence a Public
Improvement Project to construct the Northwest Area Water Main
Chloramination Project, to fund the final site specific design, make the final
site selection and route, to acquire land for the project or, if necessary, by
eminent domain
FORMAT:Consent Agenda
SYNOPSIS INCLUDING PRO & CON: The City of Waukee is in need of a third water supply
point from DMWW. Staff has been working with Xenia and DMWW for that
3rd connection point just east of Hickman Road and T Avenue. Staff has been
in negotiations with the property to place a chloramination building at the
connection point and we are now at a stalemate.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT: City staff recommends setting the hearing date for
November 5, 2018.
RECOMMENDATION: Approve the resolution.
ATTACHMENTS: I. Proposed Resolution
PREPARED BY:John Gibson
REVIEWED BY:
J1CC
RESOLUTION 18-________
RESOLUTION SETTING DATE OF PUBLIC HEARING AND AUTHORIZING
MAILING AND PUBLICATION OF NOTICE OF INTENT TO COMMENCE A
PUBLIC IMPROVEMENT PROJECT TO CONSTRUCT THE NORTHWEST AREA
WATER MAIN CHLORAMINATION PROJECT, TO FUND THE FINAL SITE
SPECIFIC DESIGN, MAKE THE FINAL SITE SELECTION AND ROUTE, TO
ACQUIRE LAND FOR THE PROJECT OR, IF NECESSARY, BY EMINENT DOMAIN
IN THE NAME AND BY THE AUTHORITY 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:
(a)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.
(b)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 NORTHWEST
AREA WATER MAIN CHLORAMINATION 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 November 5,
2018, 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 approved this the 17th day of
September 2018.
____________________________
William F. Peard, Mayor
Attest:
_____________________________________
Rebecca D. Schuett, City Clerk
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ACQUISITION MAP