HomeMy WebLinkAbout2025-264-05.05.2025.docDocusign Envelope ID: 782DEE4A-D16F-4EC8-A526-8CB5299F6705
Prepared by LeAnn M. Even, Deputy City Clerk, City of Waterloo, 715 Mulberry Street,
Waterloo, IA 50703, (319) 291-4323.
RESOLUTION NO. 2025-264
RESOLUTION TO APPROVE CERTAIN ACTIONS WITH
RESPECT TO THE LA PORTE ROAD RECONSTRUCTION
PHASE II 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 from just south of Plymouth Avenue to Hawthorne
Avenue (the "Project"); and
WHEREAS, on April 21, 2025, the City Council of the City of Waterloo set a date of
public hearing on the proposed Project for May 5, 2025, and written notice of said hearing has
been mailed to interested persons (none of whom are 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 some of the
parcel segments proposed for acquisition, it is appropriate to waive appraisals for such parcels
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 or as determined by appraisal, as appropriate; 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,
1. 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.
2. that the City's Community Planning and Development Department is authorized to use
the current assessed value for each parcel abutting the Project route that will not be appraised 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.
Docusign Envelope ID: 782DEE4A-D16F-4EC8-A526-8CB5299F6705
Resolution 2025-264
Page 2
3. That the Community Planning and Development Department is authorized to incur
such incidental costs, relocation costs, management costs, and 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.
4. 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.
5. 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.
6. 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 5th day of May 2025.
ATDTEST:
d ,-ocuSigneby:
UQej fe2cfle
Ke1 y ercMMMe, City Clerk
SEAL
DocuSigned by:
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Quentin Hart, Mayor