HomeMy WebLinkAbout2023-790-12.18.2023Prepared by LeAnn M. Even, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo,
IA 50703, 319-291-4323.
RESOLUTION NO. 2023-790
RESOLUTIONS TO APPROVE CERTAIN ACTIONS WITH
RESPECT TO THE LA PORTE ROAD RECONSTRUCTION
PHASE I PROJECT, TO ESTABLISH THE AMOUNT OF JUST
COMPENSATION FOR CERTAIN PROPERTY INTERESTS
TO BE ACQUIRED FOR PROJECT PURPOSES, AND TO
AUTHORIZE THE USE OF CONDEMNATION PROCEDURES
FOR ACQUISITION OF SAID PROPERTY INTERESTS IN
FURTHERANCE OF THE PROJECT OBJECTIVES.
WHEREAS, the City of Waterloo desires to undertake a project for the improvement of
existing La Porte Road, lying generally between Bopp Street and E. Shaulis Road (the "Project");
and
WHEREAS, on December 4, 2023, the City Council of the City of Waterloo set a date of
public hearing on the proposed Project for December 18, 2023, and written notice of said hearing
has been mailed as required by law to interested persons, including but not limited to the owners
and record contract purchasers of "agricultural land" as defined by Iowa Code § 6A.21, and has
been published in the manner required by law; and
WHEREAS, the public hearing has been held and the City Council of the City of
Waterloo has heard the testimony and evidence submitted by City planning staff and by members
of the general public, and the City Council desires to make a final selection of the Project site
location, to authorize funding for the Project, and to acquire the property interests necessary for
the Project, whether fee title, permanent easements or temporary easements; and
WHEREAS, the City Council of the City of Waterloo has discussed acquisition of certain
properties in the Project area and determined that, due to the low fair market value of the parcel
segments proposed for acquisition, it is appropriate to waive appraisals and to adopt an alternate
method for value determination based on assessed values, and the City of Waterloo desires to
purchase the property interests necessary for the Project for the values as so determined; and
WHEREAS, in the event that good -faith efforts to negotiate the purchase of property
interests is not successful, the City Council of the City of Waterloo desires to authorize the use of
condemnation procedures under Iowa law to acquire the property interests by eminent domain.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
WATERLOO, IOWA, that the design and site location of the Project as presented to the Council
shall be and hereby are selected as the final Project location and design, and public funding of
Project improvements are hereby authorized.
BE IT FURTHER RESOLVED that the City's Community Planning and Development
Department is authorized to use the current assessed value for each parcel abutting the Project
route for determining the fair market value for the property interests to be acquired as necessary
for the Project, including fee title interests, permanent easement interests and temporary
easements, as applicable with respect to each such parcel, and the value as so determined by
Department staff is determined to be the just compensation for acquisition of all such interests in
and upon such properties that are reasonably necessary for the Project.
BE IT FURTHER RESOLVED that the Community Planning and Development
Department is authorized to incur such incidental costs, relocation costs, management costs, and
Resolution No. 2023-790
Page 2
other costs as may be reasonably necessary or required by law to assure payment of just
compensation to the property owners and to assist in relocation and other expenses made
necessary by the Project, if any.
BE IT FURTHER RESOLVED that the City Council finds that the Project will constitute
a public use, public purpose, or public improvement as contemplated by Iowa Code § 6A.22 and
that, accordingly, the use of eminent domain to acquire the property interests is appropriate and
authorized by law.
BE IT FURTHER RESOLVED that, if efforts to negotiate a purchase of the property
interests are unsuccessful, 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 interests, 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.
BE IT FURTHER RESOLVED that the offices of Community Planning and
Development and the City Attorney are hereby authorized and directed to make use of
condemnation procedures, in combination with such additional negotiations with the owners of
the ownership interest in the properties or their authorized representatives as may be advisable in
the circumstances, to set a date for hearing and to acquire the property interests in furtherance of
the objectives of the Project.
PASSED AND ADOPTED this 18th day of December 2023.
Quentin Hart, Mayor
ATTEST:
(elley Felchle
Kelley Felchle, City Clerk
SEAL