HomeMy WebLinkAbout2026-035-02.02.2026.docDocusign Envelope ID: 5274EFEF-4D39-4E67-B678-585CC381AF5D
Prepared LeAnn M. Even, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo,
IA 50703, (319) 291-4323.
RESOLUTION NO. 2026-035
RESOLUTION TO APPROVE CERTAIN ACTIONS WITH
RESPECT TO THE LA PORTE ROAD RECONSTRUCTION
PHASE III 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 January 5, 2026, the City Council of the City of Waterloo set a date of
public hearing on the proposed Project for February 2, 2026, 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 City Council of the City of Waterloo
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 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: 5274EFEF-4D39-4E67-B678-585CC381AF5D
Resolution 2026-035
Page 2
BE IT FURTHER RESOLVED 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.
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 2nd day of February 2026. Signed by:
E8397B3D3421...
ATTEST:
"—Signed by:
kt f
Kelley` `elci`fe, `pity Clerk
CERTIFICATE
Davi
Boesen, Mayor
I, Kelley Felchle, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding
is a true and complete copy of Resolution No. 2026-035, as passed and adopted by the Council
of the City of Waterloo, Iowa, on February 2, 2026.
SEAL
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