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Date
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November 9,
2009
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Agenda
Item No. 51 Roll
Call No. 09-
Communication No. 09-781 Submitted by:
Jeb E. Brewer, P.E. City Engineer |
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AGENDA HEADING:
Authorization to proceed with
acquisition of the necessary right-of-way and easements for the East Army Post
Trunk Sanitary Sewer Project by gift, negotiation, or eminent domain.
SYNOPSIS:
Recommend Council authorization to acquire agricultural property
and all other necessary right-of-way and easements for the East Army Post Trunk
Sanitary Sewer Project. These actions
are required by Iowa law before the City can initiate the right-of-way
acquisition process under eminent domain.
FISCAL IMPACT:
Amount: To be determined by an independent appraiser
after design is complete and the right-of-way acquisition limits have been
determined.
Funding Source: 2009-10 CIP, Sanitary Sewer Improvements,
East Army Post Road Trunk Sewer, SAE127, Sanitary
Sewer Improvements – Page 10.
ADDITIONAL INFORMATION:
The East Army Post Road Trunk Sewer would provide for the
construction of a trunk sanitary sewer ranging in size from 10-inch to 15-inch
to provide sanitary sewer service for the area lying north of East Army Post
Road from the 3000 block to Indianola Avenue, and on the north and south sides
of East Army Post Road from Indianola Avenue to the 1900 block of East Army
Post Road. This trunk sewer will allow
the area to develop at the densities required to make the area an asset and to
provide for the growth that is projected.
Under the provisions of Chapter 6B of the Iowa Code, a
governmental body which proposes to acquire agricultural land under power of
eminent domain for a public improvement project is required to give notice of
intent to commence the project to all owners of such agricultural land whose
properties may be acquired in whole or in part for the project. (See Sections 6A.21(a)
and 6B.2A of the Iowa Code.) Potential
acquisition interests for the East Army Post Trunk Sewer Project have been
identified on agricultural land owned by LeMar Koethe, and located at the
northeast corner of Army Post Road and East Indianola Avenue.
The City has mailed and published notice regarding the potential
acquisition of the agricultural property for this Project as required by law. Before further proceeding with the portion of
the East Army Post Trunk Sanitary Sewer Project that affects agricultural land,
the City must (a) hold a public hearing, giving persons interested in the proposed project the opportunity to present
their views and objections regarding the project and regarding the proposed
acquisition of agricultural property for the project by gift, negotiation or
eminent domain; and (b) adopt a resolution to approve the project and authorize
acquisition of agricultural property for the project by eminent domain.
In addition to the property interests in
agricultural land, City Council must separately approve authorization to
proceed with acquisition for the remainder of the right-of-way and easement
needs for the East Army Post Trunk Sanitary Sewer Project by gift, negotiation,
or eminent domain.
PREVIOUS COUNCIL ACTION(S):
Date:
October 12, 2009
Roll Call Number: 09-1849
Action: On
intent to acquire agricultural property and authorize acquisition of the
necessary property interests at the
northeast corner of Army Post Road and E. Indianola Avenue from Lemar Koethe
for the East Army Post Trunk Sanitary Sewer Project, (11-9-09). Moved by Mahaffey to adopt. Motion Carried 7-0.
Date:
March 23, 2009
Roll Call Number: 09-457
Action: Approving
Professional Services Agreement with Foth Infrastructure & Environment, LLC
for design and construction phase services for E. Army Post Trunk Sanitary
Sewer, not to exceed $118,250. (Council Communication No. 09-175) Moved by Hensley to adopt. Motion Carried 5-2.
BOARD/COMMISSION
ACTION(S): NONE
ANTICIPATED ACTIONS AND FUTURE COMMITMENTS:
Establish Fair Market Value
For more information on this and other agenda items,
please call the City Clerk’s Office at 515-283-4209 or visit the Clerk’s Office
on the second floor of City Hall,