HomeMy WebLinkAbout2009-320-04/13/2009 This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry
Street, Waterloo, Iowa.
RESOLUTION NO. 2009-320
RESOLUTION TO ESTABLISH THE AMOUNT OF JUST
COMPENSATION FOR CERTAIN PROPERTY TO BE
ACQUIRED FOR STREET RIGHT-OF-WAY AND TO
AUTHORIZE THE USE OF CONDEMNATION PROCEDURES
FOR ACQUISITION OF SAID PROPERTY FOR PUBLIC
PURPOSES .
WHEREAS, in executive session on September 2 , 2008 , the
City Council of the City of Waterloo discussed and reviewed the
acquisition of certain property in an area of disputed
ownership, which property is a part of parcel no . 8913-23-253-
009 and has for many years constituted part of the right-of-way
of Utica Street (the "Property" ) , and determined that the value
of the Property as determined by appraisal would represent the
fair market value of the Property; and
WHEREAS, the City of Waterloo offered to purchase the
Property for the appraised value and after good faith efforts
has been unable to reach a mutually agreeable price with the
owner of the Property; and
WHEREAS, the City Council of the City of Waterloo desires
to ratify the above-described actions taken in executive session
and to spread them upon the public record by this resolution;
and
WHEREAS, the City Council of the City of Waterloo desires
to authorize the use of condemnation procedures under Iowa law
to acquire the Property by eminent domain.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF WATERLOO, IOWA, that the sum of $2 , 150 . 00 is determined to be
the just compensation for the Property as determined by an
independent appraiser. The appraisal determining said amount is
the same appraisal that the City Council authorized and
contemplated in executive session on September 2 , 2008 .
BE IT FURTHER RESOLVED that use of procedures prescribed by
Chapters 6A and 6B of the Code of Iowa for condemnation of
private property for public projects is hereby approved for
condemnation of the Property, it being the reasonable
expectation of the City Council of the City of Waterloo that the
public purpose of condemnation in support of the project will be
achieved and that the City of Waterloo in carrying out the
purposes and intents of the project will be able to comply with
all applicable standards and to obtain all necessary permits .
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BE IT FURTHER RESOLVED that the offices of Community
;v - P-lanrting and Development and the City Attorney are hereby
o . authorized and directed to make use of condemnation procedures,
in combination with such additional negotiations with the owners
HQ the ownership interest in the Property or their authorized
-17gsentatives as may be advisable in the circumstances, to
acquire the Property in furtherance of the objectives of the
• : project .
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H o PASSED AND ADOPTED this 13th day of April, 2009 .
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C(A.0_11.—
Nancy Ec , t, CMC
E_City Clerk
CERTIFICATE
I, Nancy Eckert, City Clerk of the City of Waterloo, Iowa,
do hereby certify that the preceding is a true and complete copy
of Resolution No. 2009-320 , as passed and adopted by the Council
of the City of Waterloo, Iowa, on the 13th day of April, 2009 .
Witness my hand and seal of office this 15th day of April,
2009 .
SEAL
Nancy Eck t, CMC
City Clerk