HomeMy WebLinkAbout2004-875-12.20.2004 This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry
Street, Waterloo, Iowa.
RESOLUTION NO. 2004-875
RESOLUTION TO ESTABLISH THE AMOUNT OF JUST
COMPENSATION FOR CERTAIN PROPERTIES TO BE
ACQUIRED FOR CONSTRUCTION OF AN INTERCHANGE
AT U. S. HIGHWAY 20 AND 'ANSBOROUGH AVENUE AND
TO AUTHORIZE THE USE OF CONDEMNATION
PROCEDURES FOR ACQUISITION OF SAID
PROPERTIES IN FURTHERANCE OF THE OBJECTIVES
OF THE HIGHWAY INTERCHANGE PROJECT.
WHEREAS, by Resolution No. 2003-542 adopted on August 11,
2003, the City Council of the City of Waterloo approved a
project (the "Project") to acquire properties and construct an
interchange at the intersection of U. S. Highway 20 and
Ansborough Avenue; and
WHEREAS, in executive session on August 23, 2004, the City
Council of the City of Waterloo discussed and reviewed
appraisals for certain properties in the Project area, namely,
parcel nos . 8813-08-276-015 and 8813-08-276-017 (collectively,
the "Properties") , and determined that the appraisals
represented the fair market value of the Properties; and
WHEREAS, the City of Waterloo offered to purchase the
Properties for the appraised value and after good faith efforts
has been unable to reach a mutually agreeable price with the
owners of the Properties; 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 Properties by eminent domain.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF WATERLOO, IOWA, that the sum of the amounts set forth
opposite each of the below parcel numbers is determined to be
the just compensation for the Properties as determined by an
independent appraiser:
8813-08-276-015 $ 80, 000 . 00
8813-08-276-017 $170, 000 . 00
The appraisals determining said amounts are the same appraisals
that the City Council relied upon in executive session on August
23, 2004 .
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 Properties, it being the reasonable
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No. 2004-875
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ton of the City Council of the City of Waterloo that the
1irpose of condemnation in support of the Project will be
and that the City of Waterloo in carrying out the
•pos ~and intents of the Project will be able to comply with
aloilaticable standards and to obtain all necessary permits .
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M H trT FURTHER RESOLVED that the offices of Community
i5i,a iia.. F and Development and the City Attorney are hereby
s au,thgx;irzed and directed to make use of condemnation procedures,
:n _cbrbination with such additional negotiations with the owners
c of : ebwnership interest in the Properties or their authorized
EepieFeetatives as may be advisable in the circumstances, to
c a0(91I - the Properties in furtherance of the objectives of the
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�> PASSED AND ADOPTED this 20th day of December, 2004 .
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Nanc Ecker CMC
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. 2004-875, as passed and adopted by the Council
of the City of Waterloo, Iowa, on the 20th day of December, 2004 .
Witness my hand and seal, of office this 22nd day of
December, 2004 .
SEAL Nancy Ec t, CMC
City Clerk