HomeMy WebLinkAbout2009-R-1A RESOLUTION OF THE SANITARY BOARD OF
THE CITY OF JEFFERSONVILLE, INDIANA, REQUESTING THE BOARD OF PUBLIC
WORKS OF THE CITY OF JEFFERSONVILLE, INDIANA, TO
APPROPRIATE AND CONDEMN REAL AND PERSONAL PROPERTY
FOR USE BY THE CITY OF JEFFERSONVILLE, INDIANA
FOR THE ACQUISITION OF THE RNER RIDGE REDEVELOPMENT AUTHORITY
RESOLUTION NUMBER: 1-~ 2 DO
WHEREAS, the Sanitary Board (the "Sanitary Board") of the City of Jeffersonville,
Indiana (the "City") adopted Resolution Number ~ - a ~~ 9 on March 25, 2009 (the
"Resolution %'-,~ Dc~ "); and
WHEREAS, Resolution 1 ~°~ b finds that customers of River Ridge Redevelopment
Authority ("River Ridge") located in Utica Township, in the City of Jeffersonville, of Clark
County, Indiana, (the "Customers") would receive higher quality, lower cost sewer utility service
if they were customers of the City; and
WHEREAS, the Sanitary Board has determined that, to best serve the Customers, the
City should acquire the sewer utility property of River Ridge identified on Exhibit A (the "Sewer
Utility Property"), and shown on Exhibit `B' and Exhibit `C', and evaluated in Exhibit `D'; and
WHEREAS, the City has determined that it is beneficial to proceed with such
condemnation and appropriation; and
WHEREAS, the Sanitary Board has determined that it is of public utility and benefit and
in the best interests of the City to proceed to condemn and appropriate the Sewer Utility Property
in the mechanism set forth in IC 32-24-2; and
WHEREAS, IC 32-24-2 provides a mechanism to effectuate such condemnation and
appropriation; and
WHEREAS, the Board of Public Works (the "Works Board") of the City is the entity
authorized to proceed under IC 32-24-2; and
NOW, THEREFORE, BE IT RESOLVED BY THE SANITARY BOARD OF THE
CITY OF JEFFERSONVILLE, INDIANA, AS FOLLOWS:
1. That the Sanitary Board hereby declares that the acquisition of River Ridge's
Sewer Utility Property is beneficial and of public utility benefit.
2. That the Sanitary Board hereby pursuant to IC 32-24-2-6, hereby declares that it is
beneficial to condemn and appropriate River Ridge's Sewer Utility Property.
3. That the Sanitary Board declares that the real and personal property that may be
injuriously or beneficially affected by such condemnation and appropriation includes the
property described in Exhibit A (i.e. the Sewer Utility Property) attached hereto, along with any
additions or improvements to the Sewer Utility Property hereafter occurring that are located in
Utica Township of Clark County, Indiana.
4. That the Sanitary Board declares that the Works Board should proceed to
condemn the Sewer Utility Property under IC 32-24-2 on behalf of the City.
This Resolution shall be in full force and effect from and after its adoption by the Board
of Public Works of the City of Jeffersonville, Indiana.
Adopted this 25th day of March, 2009.
SANITARY BOARD
CITY OF JEFFERSONVILLE, INDIANA
~4
Mayor Tom Gallig , Pr si ent
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William A. Saegesser, P ., .L.S., Member
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Dale L. Orem, Member
ATTEST:
Exhibit `A'
Sewer Utility ProAerty Being Acquired
A. 0.5 MGD Roughing Trickling Filter followed by Activated Sludge Wastewater Treatment
Plant (known as the L.A.P. Plant), on approximately 4 acres of land, and perpetual access
to Patrol Road.
B. Approximately 16,500 feet of 8-inch cast iron (CI) pipe effluent force main on a 20-foot
wide easement (Total area = 7.6 ac. f), and perpetual access to this facility.
C. A small pump station on approximately 0.06 acres of land (50' x 50' area), and perpetual
access to this facility.
D. The following sanitary sewers and manholes:
1. Tributary directly to the Wastewater Treatment Plant:
a. Approx. 3,150' of 10" VCP on a 20-foot easement (approx. 1.5 ac.)
b. Approx 31,400' of 8" VCP on a 20-foot easement (approx 14.4 ac.)
c. Approx. 3,000' of 8" VCP on a 20-foot easement (approx. 1.4 ac.)
d. Approx. 165 manholes
e. Perpetual access to these facilities.
2. Tributary to small pump station:
a. Approx. 4,000' of 8" CI force main on a 20-foot easement (approx. 1.8 ac.)
b. Approx. 5,800' of 8" VCP on a 20-foot easement (approx. 2.7 ac.)
c. Approx 1,200' of 8" PVC on a 20-foot easement (approx. 0.55 ac.)
d. Approx. 35 manholes
e. Perpetual access to these facilities
All of these facilities are located in Utica Township, in the City of Jeffersonville, in Clark County,
Indiana.
City of Jeffersonville, Indiana I FIGURE
NORTH WASTEWATER TREATMENT PLANT
SITE LOCATIONMAP
C
GRAPHIC SCALE
o ,~
(W FEET )
1 inch = 300 ft
EXHIBIT'D'
Governmental Appraisal
Services, Inc.
Real Estate, Eminent Domain, Tax Appeal, Insurance
Replacement Cost. Market Feasibility Studies
March 3, 2009
Honorable Mayor, Tom Galligan
City of Jeffersonville
President of Jeffersonville Sewer Board
City Hal]
Jeffersonville, Indiana 47130
Charles R. Mills, Jr., MAI, SRA, ASA
Potential Acquisition of the LAP
(Former Load, Assembly & Packing, wastewater treatment facility and collection system)
by the City of Jeffersonville Sewer Board
South Patrol Road
Jeffersonville, Indivia 47130
File #1400-08-09
Dear Mayor Galligan and Jeffersonville Sewer Board:
As requested, we have inspected the above-referenced property, which is more fully
described in the Self-Contained Appraisal Report that is being prepared and will follow.
This Self-Contained Appraisal Report is being prepared to comply with the
requirements of the City of Jeffersonville Sewer Board and those set forth under Standards Rule
2-Z(a) of the 2008-2009 Uniform .Standards of Professional Appraisal Practice (USPAP).
This report is also intended to comply with the Uniform Acquisition and Relocation Act of 1970,
revised in March 1988 (UARA). This report contains full discussion of the data, reasoning, and
analyses that were used in the appraisal process to develop our value estimate.
The Scope of Work, as discussed with the client, Mr. Jorge Lanz, Engineer, and Mayor
Tom Galligan of the City of Jeffersonville Sewer Board, will include the Cost and Sales
Comparison Approaches to estimate the market value of the property, "As Is". We agree these
approaches are necessary to produce a credible value conclusion that is not misleading. The
Income Capitalization Approach is used in the highest and best use to determine if the operation
is profitable and support the value of the improvements. The Cost Approach is applicable to
special purpose properties like the subject; however, due to age and changes in this industry over
the last 60 years this is less reliable. Nevertheless, the Cost Approach is completed to produce a
credible value conclusion that is not misleading.
415 East Court Avenue • Jeffersonville, TN 47130 • (812) 282-9222 • FAX: (812) 282-9233
City of Jeffersom~ille Sewer Board, LAP, wastewater treatment facility, South Patrol Road, Jeffersonville, Indiana
47130
March 3, 2009
Page 2
SPECIAL ASSUMPTIONS AND CONDITIONS:
The valuation is made subject to the following Special Assumptions and Condtions:
1. We were not provided a current title report for the subject property. Our
value conclusion assumes that the property is encumbered only by typical
sewer line and other utility easements. The value includes only the
wastewater treatment improvements and does not include the sites.
2. We assume the information provided by Mr. Jorge Lanz with Jacobi,
Toombs, and Lanz, Engineers for the City of Jeffersonville, Sewer Board,
is accurate and true.
3. The subject property is currently encumbered by a lease agreement with
Wastewater One, LLC, at the time of the potential acquisition, for an
additional 57 years. However, the "Facilities Use Agreement" between
ICI Americas, Inc. (aud their successor, River Ridge) and Wastewater
One, LLC, in Line Item 24, Page 18, indicates in the case of Eminent
Domain the lease and agreement are terminated. This valuation assumes
the "Facilities Use Agreement" will be terminated, thus ending
Wastewater One, LLC's interest.
4. We met with Mr. Len Ashack, the engineer for the lessor, River Ridge
Commerce Center (ICI Americas, successor), who assisted us along with
Mr. Stephen Tolliver, President, Aqua Utility Services, LLC, contract
operator far Wastewater One, LLC, the lessee. We also met with Mr.
George Hughes, Jr, President of Wastewater One, LLC.
5. We were not provided a copy of ati envirommental site assessment for the
subject property. We recommend a Level I environmental audit {and a
Level II if concerns are uncovered requiring remediation costs). Any
additional remediation, engineering, or monitoring cost will be deducted
from the as is value. The as is "rernediated" value is required for
acquisition by a Governmental Entity.
The estimated "As Is" Before and After acquisition value of the fee sitnple estate of the
subject property Wastewater Treatment Facility as of March 3, 2009, is as follows:
*** SEVEN HUNDRED FORTY THOUSAND FIVE HUNDRED DOLLARS***
$740,500
City of Jeffersonville Sewer Board, LAP, «~astewater treaunent facility, South Patro] Road, Jeffersom~ille, Indiana
47130
March 3, 2009
Page 3
The estimated "As Is" Before and After acquisition value of tl~e fee simple estate of the
subject (wastewater treatment facility and collection systems) as of Marcli 3, 2009, is as follows:
The after value is zero, since this is a total acquisition:
Before Value $ 740,500
After Value ~ 0-
Difference $ 740,500
Temporary Easements 0-
Damage to Remainder 0-
Total Compensation $ 740,500
Considering the acquisition for the Jeffersonville Sewer Plant, the After Acquisition
Value of the real estate as of these dates of appropriation is zero. Therefore, the total
compensation is $740,500 for the LAP wastewater treatment facility, the main sewer lines and
pumping stations.
Respectfully S btnitted,
..--
Charles R. Mills, Jr. AI, SRA, ASA
Indiana Certified General Appraiser CG69201105
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