HomeMy WebLinkAboutRESOLUTION NO. 2010-20 RESOLUTION 2010-20
SET HEARING ON THE INTENT TO ACQUIRE AGRICULTURAL PROPERTY AND
AUTHORIZE ACQUISITION OF THE NECESSARY PROPERTY INTERESTS
THEREOF FOR THE FAIRFAX TRAIL EXTENSION PROJECT
BY GIFT, NEGOTIATION,OR EMINENT DOMAIN
WHEREAS, on October 13,2009 the City Council approved the Professional Services
Agreement with Hall and Hall Engineers, Inc. for the design and construction services for the
Fairfax Trail Extension Project; and
WHEREAS, under the provisions of Chapter 613 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
and record contract purchasers of such agricultural land whose properties may be acquired in
whole or in par for the project (See Sections 6A.21 (a) and 613.2A of the Iowa Code); and
WHEREAS, the Fairfax Trail Extension Project design plans include the following:
The project includes construction of a 12-foot wide recreational trail and creek bridge
crossings on the east side of Highway 151 between Prairie Avenue and Cemetery Road;
and
WHEREAS, in accordance with Section 613.2A of the Iowa Code, before the City of
Fairfax can proceed with the portion of said project that affects agricultural land, the City
Council 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.
(b) Adopt a resolution to approve the project and authorize acquisition of agricultural
property for the project by eminent domain.
(c) Mail notices as required by Iowa Code Section 613.2A to all property owners and contract
purchasers of record of agricultural land with any potential for any form of property
acquisition activity for this project and publish notice as specified in the Iowa Code; and
WHEREAS, Iowa Code Section 613.2A further requires that the mailed notice be sent at
least thirty (30) days in advance of the scheduled hearing, and in order to meet such deadline,
said notice, in the form attached hereto, has been mailed by the City Clerk to the appropriate
parties.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAIRFAX, IOWA:
1. That a public hearing shall be held on April 13, 2010, at 7:00 p.m. in the City Council
Chambers, City Hall, 525 Vanderbilt Street, Fairfax, Iowa. At that time the City Council will
consider the above-described proposal and any other(s) submitted prior to or during the public
hearing.
2. That the mailed notice heretofore sent to the appropriate parties by the City Clerk as required
by Iowa Code Section 6B.2A is supported by the City Council of the City of Fairfax, and such
mailing is hereby ratified and confirmed.
3. That the City Clerk is hereby instructed to cause notice to be published as required by law of
the pendency of this resolution and of the time and place of the hearing at which persons
interested in the proposed project may present their views and objections regarding the project
and regarding the acquisition of agricultural property for the project by gift, negotiation or
eminent domain, said Notice of Intent to be in substantially the attached form.
Passed and approved this 9th day of March, 2010.
AYES: Beer, Frieden, Otto, Magers, and Wainwright
NAYS: None
ABSENT: None
Jason Rabe, Mayor
ATTEST:
Cynthia Stimson, City Clerk