HomeMy WebLinkAbout2017-09-18-J01V LWC Trunk Sewer Phase 3-Indi Run Trunk Sewer_Set Eminent Domain PH'NO Waukee
• Wl P THE KEY TO GOOD LIVING
AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: September 18, 2017
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 Little Walnut Creek Trunk Sewer Phase
3/lndi Run Trunk Sewer 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: Resolution
SYNOPSIS INCLUDING PRO & CON: The City has started the process of acquiring easements
for the Little Walnut Creek Trunk Sewer Phase 3/lndi Run Truck Sewer
Project that will service the second High School. The first step was sending
notice of the project to the property owners and the second is setting the
public hearing and authorizing notice of intent to construct the project and
acquire the property needed by eminent domain.
FISCAL IMPACT INCLUDING COSTBENEFIT ANALYSIS:
COMMISSION/BOARDICOMMITTEE COMMENT:
STAFF REVIEW AND COMMENT:
RECOMMENDATION: Approve the resolution.
ATTACHMENTS: I. Resolution
PREPARED BY: Beth Richardson
REVIEWED BY: John Gibson
PUBLIC NOTICE INFORMATION —
NAME OF PUBLICATION:
DATE OF PUBLICATION:
17MIM111111efLie
RESOLUTION SETTING DATE OF PUBLIC HEARING AND AUTHORIZING
MAILING AND PUBLICATION OF NOTICE OF INTENT TO COMMENCE A
PUBLIC IMPROVEMENT PROJECT TO CONSTRUCT THE LITTLE WALNUT
CREEK TRUNK SEWER PHASE 3/INDI RUN TRUNK SEWER 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 A UTHORITY OF THE CITY OF WAUKEE, IOWA
WHEREAS, under the provisions of Chapter 613 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 613.2A of the Iowa Code); AND,
WHEREAS, under the provisions of 613.21) 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 613.2A 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 613 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 Little Walnut Creek
Trunk Sewer Phase 3/Indi Run Trunk Sewer 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 6,
2017, 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 18°i day of
September, 2017.
William F. Peard, Mayoi
Attest:
Rebecca D. Schuett, City Clerk
ROLL CALL VOTE AYE NAY ABSENT ABSTAIN
Anna Bergman
R. Charles Bottenberg
Brian Harrison
Shelly Hughes
Larry R. Lyon