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HomeMy WebLinkAbout2026-366-07.06.2026.docDocusign Envelope ID: AF1A158D-DDOE-8E16-8256-5798860AE9CE Prepared by LeAnn M. Even, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2026-366 RESOLUTION TO APPROVE CERTAIN ACTIONS WITH RESPECT TO THE KATOSKI ROAD/HUNTINGTON ROAD RECONSTRUCTION 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 re -design and construction of Huntington Road ("Project"); and WHEREAS, on June 1, 2026, the City Council of the City of Waterloo ("Council") set a date of public hearing on the proposed Project for July 6, 2026, 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 Council has heard the testimony and evidence submitted by City planning staff and by members of the general public, and the 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 Council deems it appropriate to approve the proposed project, and finds that there is a reasonable expectation that the City of Waterloo will be able to achieve its public purpose, comply with all applicable standards, and obtain the necessary permits, all in connection with the Project; and WHEREAS, the City of Waterloo desires to proceed in accordance with law to acquire the property by entering into good faith negotiations for the purchase of the property, and in the event such good -faith efforts fail, by condemnation or eminent domain. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Waterloo, Iowa, that: 1. The route or location and design of the Project as presented to the Council shall be and hereby are selected as the final Project route or location and design, that public funding of the Project is hereby authorized, and that there is a reasonable expectation that the City of Waterloo will be able to achieve its public purpose, comply with all applicable standards, and obtain the necessary permits all in connection with the Project. 2. The City Council finds that the Project will constitute a public use, public purpose, or public improvement as contemplated by Iowa Code § 6A.22, that the acquisition of property is necessary to complete the Project, and accordingly, the use of condemnation or eminent domain to acquire the property interests, if necessary, is appropriate and authorized. 3. The offices of Community Planning and Development and the City Attorney are hereby authorized and directed to proceed with the acquisition of the property interests in the manner authorized by law, including but not limited to, appraising the property to be acquired, entering into good -faith negotiations for the acquisition of the property, and commencing Docusign Envelope ID: AF1A158D-DDOE-8E16-8256-5798860AE9CE Resolution 2026-365 Page 2 condemnation or eminent domain proceedings as prescribed under Iowa Code Chapters 6A and 6B. 4. 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 in connection with the acquisition of the property interests, to assure payment of just compensation to property owners, and to assist in relocation and other expenses made necessary by the Project. PASSED AND ADOPTED this 6th day of July 2026. Signed by: D v d8ioe eri lvlayor ATTEST: p—Signed by: FOOBCOFO4. Kelley Felf cffA�., e, ity Clerk SEAL