HomeMy Public PortalAbout2009-06 A Resolution Setting A Date For Public Hearing To Determine Whether To Use Powers Of Eminent Domain For Belmont Road Reconstruction ProjectRESOLUTION 2009-06
A RESOLUTION SETTING A DATE FOR PUBLIC HEARING TO DETERMINE WHETHER TO USE
POWERS OF EMINENT DOMAIN FOR BELMONT ROAD RECONSTRUCTION PROJECT
BE IT RESOLVED by the City Council of the City of Riverdale, Iowa as follows:
1. That a public hearing be set for Apri107, 2009 at 6:30 p.m. at Riverdale City Hall, 201
Manor Drive, Riverdale, Iowa, to consider the following:
a. Whether to use powers of condemnation, if necessary, to acquire needed parcels in
conjunction therewith.
b. What the fair offer for the parcels should be, prior to condemnation.
2. That the City Clerk is directed to send notice of this resolution, and the notice required by
law, to the following persons or entities:
a. Mr. Mike Dulaney (Exhibit A, Consisting of 4 pages)
232 Belmont Road
Riverdale, IA 52722
b. Mr. & Mrs. Robert Tallman (Exhibit A, Consisting of 4 pages)
5765 Short Street
Bettendorf, IA 52722
c. Estate of Lucille Hass (Exhibit B, Consisting of 4 pages)
Attention: Richard and Delores Wells, Executor
312 Belmont Road
Riverdale, IA 52722
d. Mr. and Mrs. Bruce Skahill (Exhibit C, Consisting of 4 pages)
1153 Fenno Drive
Riverdale, IA 52722
Mr. and Mrs. David Dayton (Exhibit D, Consisting of 4 pages)
1151 Fenno Drive
Riverdale, IA 52722
3. That the Clerk is further directed to send the following Notice of Public Hearing to the
Quad City Times, to be published not more than 20 nor less than 4 days in advance of the
Public Hearing, as required by law:
NOTICE OF INTENT TO COMMENCE A PUBLIC IMPROVEMENT TO
RECONSTRUCT BELMONT ROAD WITHIN THE CORPORATE LIMITS OF
THE CITY OF RIVERDALE, IOWA
On Apri107, 2009, at 6:30 p.m. the City Council, in Riverdale City Hall at 201 Manor Drive,
Riverdale, Iowa, will receive public input on the matter of reconstructing Belmont Road within the
City of Riverdale.
All interested parties should be advised:
1. This is a reconstruction of an existing City Street.
2. In the course of the project, additional right-of--way and temporary construction easements
will be necessary. The Council will be asked to acquire such ground through condemnation,
if necessary.
3. The Council shall employ the following process:
a. Conducting a public hearing at the time and place above.
b. If the decision is made to go forward, to pass a resolution making that decision.
c. If the decision is made to use condemnation as needed, to authorize said process.
d. To set the, fair value of any parcel to be acquired based upon appraisals received.
e. To employ the statutory procedures set out in Chapter 6B of the Iowa Code for good
faith negotiations and use of eminent domain.
4. Persons desiring further information regarding the proposed~ublic improvement may
contact City Attorney Steven Hunter by mail at 201 West 2° Street, 900 U.S. Bank Center,
Davenport, Iowa 52801, or by phone at (563) 324-1000.
5. Owners of property to be affected are afforded certain rights under law. Those rights
include:
a. The right to just compensation for any taking.
b. An offer to purchase which is not less than the lowest appraisal commissioned by
the City of Riverdale.
c. The right to receive a copy of any appraisal and to consider it for at least ten (10)
days before contact by the acquiring agent for the City.
d. An opportunity to accompany at least one appraiser of the acquiring agent.
e. The right to participate in good faith negotiations prior to beginning condemnation
proceedings.
f. The right to have a condemnation commission determine the damages associated
with the taking, including right of appeal to the District Court.
g. A review by the condemnation commission of the necessity for condemnation, if the
ground is used agriculturally and is being condemned for industry.
h. Payment of the agreed price or condemnation award prior to surrendering possession
of the property.
i. Reimbursement of expenses incidental to transferring title to the City.
Reimbursement of certain litigation expenses if the award by the condemnation
commissioners exceeds 110% of the City's final offer and if the award on appeal in
court is more than the compensation commissioner's award.
k. At least ninety (90) days written notice to vacate occupied property.
1. Relocation services and payments if eligible to receive them, and an appeal for the
amount of any payments.
This Statement of Rights is issued pursuant State Law and is not to be considered a full explanation
of any person's rights under State Law. For a more thorough presentation of owner's rights,
interested persons should refer to Chapters 6A, 6B, and 316 of the Iowa Code.
This notice is published pursuant authority of the City Council of the City of Riverdale, Iowa.
PASSED, APPROVED AND ADOPTED this 17th day of February, 2009.
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Attest:
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Acting ity Clerk Mary Frances Blevins