HomeMy WebLinkAbout2014-351-5 /12/2014Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo,
715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323.
RESOLUTION NO. 2014-351
RESOLUTION TO APPROVE CERTAIN ACTIONS WITH
RESPECT TO THE VIRDEN CREEK DRAINAGE
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 drainage way improvements to connect watersheds in
the vicinity of Logan Avenue and north of Donald Street with the
natural watercourse of Virden Creek (the "Project"); and
WHEREAS, on April 7, 2014 the City Council of the City of
Waterloo set a date of public hearing on the proposed Project
for May 12, 2014, 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 route and design 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 and/or reviewed appraisals for certain
properties in the Project area and determined that the
appraisals, prepared by Rally Appraisal, LLC, and dated as of
May 10, 2013, (the "Appraisals"), represent the fair market
value of the property interests to be acquired, and the City of
Waterloo desires to purchase the property interests necessary
for the Project for the appraised value of same; 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 route and design of the Project as
presented to the Council shall be and hereby are selected as the
final Project route and design.
Resolution No. 2014-351
Page 2
BE IT FURTHER RESOLVED that the amount set forth opposite
the name of each owner of land that includes property interests
necessary for the Project is determined to be the just
compensation, as determined by the Appraisals, for acquisition
of all fee title and permanent easements in and upon such
properties that are reasonably necessary for the Project:
Owner of Record
Richard and Helen Anderson
Allen and Angie Alcorn
er acre price
$6,800.00
$9,979.00
BE IT FURTHER RESOLVED that the amount set forth opposite
the name of each owner of land that includes property interests
necessary for the Project is determined to be the just
compensation, as determined by the Appraisals, for acquisition
of all temporary easements in and upon such properties that are
reasonably necessary for the Project:
Richard and Helen Anderson $2,104.00 for 6.19 acres
Allen and Angie Alcorn $391.00 for 1.15 acres
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.
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.
Resolution No. 2014-351
Page 3
PASSED AND ADOPTED this 12th day of May, 2014.
Ernest G. Clark, Mayor
ATTEST:
Suzy Sc ares, CMC
City Clerk
CERTIFICATE
I, Suzy Schares, City Clerk of the City of Waterloo, Iowa,
do hereby certify that the preceding is a true and complete copy
of Resolution No. 2014-351, as passed and adopted by the Council
of the City of Waterloo, Iowa, on May 12, 2014.
Witness my hand and seal of office this 12th day of May,
2014.
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Suzy Sch res, CMC
SEAL City Cle k