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Home My WebLink About2016-05-09-D02 NW Trunk Sewer, South Outfall_Set PH AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: May 9, 2016 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 Trunk Sewer Extension and South Outfall Sewer, 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 Capital Improvements Plan includes the South Outfall Trunk Sewer Extension for the Painted Woods area to the wastewater treatment plant. The Public Hearing will authorize the notification of the Project property owners, make final route selections and the ability to acquire property by eminent domain. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the resolution. ATTACHMENTS: I. Proposed Resolution II. Project Map PREPARED BY: Beth Richardson REVIEWED BY: John Gibson PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: RESOLUTION 16- 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 TRUNK SEWER EXTENSION AND SOUTH OUTFALL SEWER, TO FUND THE FINAL SITE SPECIFIC DESIGN, MAKE THE FINAL SITE SELECTION AND ROUTE, TO ACQUIRE LAND FOR THE PROJECT BY PURCHASE 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 TRUNK SEWER EXTENSION PROJECT AND SOUTH OUTFALL 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 June 20, 2016, 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 9th day of May, 2016. ____________________________ William F. Peard, Mayor Attest: _____________________________________ Rebecca D. Schuett, City Clerk "/ "/ "/ "/ "/ "/ "/ 36" 36" 30" 36" 24" 12" I 80CH R22 UTE AVE.ASHWORTH RD. 312th PL.V AVE.310th ST. 300th ST. INDIAN RIDGE DR. RAMP SE UNIVERSITY AVE.SE L.A. 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