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HomeMy WebLinkAboutA021 - Resolution No. 08-045 adopted February 12, 2008 t RESOLUTION NO. 08-045 To fix a date for a public hearing on a proposed public improvement project WHEREAS, the Water and Pollution Control Department, in the City of Ames, State of Iowa, proposes to acquire property under the power of Eminent Domain for a public improvement project, pursuant to the provisions of Section 6B.2A of the Code of Iowa, for the purpose of constructing a Raw Well Water Transmission Pipeline Project, and it is necessary to fix a date of meeting of the Council, at which it is proposed to take action on the proposed public improvement project and to give notice thereof as required by such law; NOW, THEREFORE, be it resolved by the Council of Ames, Iowa, as follows: Section 1. This Council shall meet on the 25' day of March, 2008, at the Ames City Hall Council Chambers located at 515 Clark Avenue Ames Iowa at 7:00 p.m., at which time and place a hearing will be held and proceedings will be instituted and action taken to consider giving final approval to fund the site-specific design and selection of the proposed site location for this public improvement and to authorize the completion of this public improvement. Section 2. The Clerk is hereby directed to give notice of the proposed action to consider final approval to fund the site-specific design and selection of the proposed route or site location for this public improvement, to authorize the completion of this public improvement, to provide the time and place where said meeting shall be held, and to provide notice by publication at least once and not less than four or more than 20 days before the meeting in a legal newspaper which has a general circulation in Story County, Iowa. The notice shall be in substantially the following form. NOTICE OF A PUBLIC HEARING TO CONSIDER A PROPOSED PUBLIC IMPROVEMENT PROJECT TO CONSTRUCT IMPROVEMENTS TO A RAW WELL WATER TRANSMISSION PIPELINE To owner(s) and any contract purchaser(s): Name Union Pacific Railroad Company Address 1400 Douglas Street, MS 1690 Omaha, NE 68174 Name Iowa Department of Transportation—District Maintenance Facility Address U.S. Hwy 30 East Ames, IA 50010 Name Eastwood of Ames, Inc. Address P.O. Box 473 Spencer, IA 51301 Name Walid Hawana Address 4536 Webster Street Ames, IA 50014 Name Pyle Land, LLC Address P.O. Box 763 Ames, IA 50010 Name Hickory Park, Inc. Address P.O. Box 765 Ames, IA 50010 Name Mildred Lange c/o Larry and Diane Schulte Address 2925 D Avenue Odebolt, IA 51458 Name Story Construction Co. Address P.O. Box 1668 Ames, IA 50010 Name Iowa State Ready Mix Concrete Address 1109 E. Lincoln Way Ames, IA 50010 Name Mark and Elizabeth Estes Address 442 East 61h Street Ames, IA 50010 Name Peter Boekelman Address 441 East 61h Street Ames, IA 50010 Under the provisions of Section 6B.2A of the Code of Iowa, a governmental body which proposes to acquire property under power of eminent domain for a public improvement project is required to give notice of intent of a proposed public improvement project to all property owners and contract purchasers, whose property or parts thereof, or interest therein, proposed to be acquired for the project, which may be subject to condemnation. 1. NOTICE OF PROPOSED PUBLIC IMPROVEMENT Notice is hereby given that the City of Ames, Iowa, (the Acquiring Authority) will consider giving final approval to fund the site-specific design, the selection of the proposed route or site location for this public improvement, and to authorize the completion of this public improvement. The Acquiring Authority proposes to, but has not yet given final approval to open negotiations to acquire the property, easement(s), or other rights in real property necessary to construct this public improvement, or to institute condemnation proceedings, if necessary to do so. 2. DESCRIPTION OF THE GENERAL NATURE OF THE PUBLIC IMPROVEMENT The proposed public improvement project is as shown on a project plan prepared by FOX Engineering Associates Inc., Ames, Iowa, and consists of approximately 14,000 feet of 30-inch water main for the purpose of conveying raw water from city wells to the water treatment plant. I r rt I 3. INTENDED USE OF PRIVATE PROPERTY TO BE ACQUIRED A. The proposed route or site location of the above-described public improvement is shown on the project plan. B. If the Acquiring Authority undertakes to construct the above-described project, it will be necessary to acquire land for water pipeline purposes and, as may be necessary, to acquire permanent water main easements and temporary construction easements by negotiated purchase; otherwise, it will be necessary for the City to proceed to institute condemnation to acquire the property rights needed to construct and maintain the public improvement. 4. ACTION REQUIRED TO PROCEED WITH THE PROJECT: OPPORTUNITY FOR PUBLIC INPUT In order to proceed with the above-described project and complete the acquisition of property and property rights needed for the project, the Acquiring Authority will hold a public hearing to consider giving final approval to fund the site-specific design for the public improvement, to make a final selection of the route or site location for the public improvement, to proceed with the construction of the project, and to authorize acquisition of private property rights needed for the project by condemnation proceedings, if necessary, on the 25' day of March, 2008. You may appear in person at the public hearing and provide input into this process. You may also contact the Acquiring Authority in writing not later than 12:00 p.m. the 25"day of March, 2008. You may contact Christina Murphy, P.E., Assistant Director, Water & Pollution Control Department at 300 E. 5'h St., Bldg. 1, Ames, Iowa 50010, and by phone at 515-239-5150 for information regarding the public improvement. 5. TIME, DATE, AND PLACE FOR PUBLIC HEARING The public hearing will be held at 7:00 p.m. on the 25" day of March, 2008. The Project Plan and Statement of the Rights of Individual Property Owners are on file and available for review at the Ames Water and Pollution Control Department, 300 East 51" St., Building 1, Ames, lA 50010. ADOPTED THIS 12'"day of February, 2008. Diane R. Voss, City Clerk Ann H. Campbell, Mayor Introduced by: Goodman Seconded by: Mahayni Voting aye: Doll, Goodman, Larson, Mahayni, Popken, Rice Voting nay: None Absent: None Resolution declared adopted and signed by the Mayor this 12" day of February, 2008.