HomeMy WebLinkAbout2022-08-01 Resolution 2022-322_Authorize Project-Eminent Domain, West Area Trunk Sewer Extension Phase 2THE CITY OF WAUKEE, IOWA
RESOLUTION 2022-322
RESOLUTION APPROVING AND AUTHORIZING A PUBLIC IMPROVEMENT
PROJECT TO CONSTRUCT THE WEST AREA TRUNK SEWER EXTENSION —
PHASE 2, FUNDING OF FINAL SITE -SPECIFIC DESIGN, FINAL ROUTE/SITE
SELECTION, TO ACQUIRE LAND FOR THE PROJECT BY PURCHASE, AND, IF
NECESSARY, TO AUTHORIZE THE USE AND ACQUISITION OF PROPERTY BY
EMINENT DOMAIN
IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WA UKEE, 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 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, a public hearing was held on August 1, 2022, 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 WEST AREA TRUNK SEWER EXTENSION — PHASE 2. This project is further
described as follows:
The project involves labor, materials and equipment necessary for approximately
8,400 linear feet of 12-inch through 24-inch diameter sanitary sewer in open cut,
manholes, excavation and backfill, surface restoration, plantings and miscellaneous
associated work, including cleanup.
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:
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 West Area Trunk Sewer Extension — Phase 2 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 I` of August, 2022.
On
Courtney Clarke, Mayor
Attest: /�
I/ - A, JAY4
Rebecca D. Schuett, City Clerk
RESULTS OF VOTE:
AYE NAY
Anna Bergman Pierce
X
R. Charles Bottenberg
X
Chris Crone
X
Larry R. Lyon
X
Ben Sinclair
X
4
ABSENT ABSTAIN