The City of Monticello, Iowa
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF MONTICELLO, IOWA
RESOLUTION #10-117
Resolution addressing Betty Richardson’s request for compensation related to the removal of trees along her property during the Cedar Street construction project.
WHEREAS, During the course of the S. Cedar Street Reconstruction project the City and Betty Richardson entered into a ROW Agreement, which provided, amongst other things, that the City would waive any assessment against the Richardson property in return for a 10’ ROW and further that the City would replace, under certain terms and conditions, trees that were damaged during the construction project, and
WHEREAS, During the course of the project it became apparent that a number of trees would be damaged, and a decision was made to remove the trees instead of damaging them, or moving them which had been arranged at the Betty Richardson’s request, and risking their subsequent failure, and
WHEREAS, Betty Richardson has approached the City seeking compensation for eleven (11) trees in the total amount of $16,650, from the City based upon an appraisal dated July 27, 2010, same being prepared approximately one year after the trees had been removed from the Richardson property and never viewed directly by the appraiser, and
WHEREAS, The City Council finds that the obligation of the City as set out in the ROW Agreement is to replace the trees with a similar tree, not to compensate the property owner for the alleged pre-removal value of the trees, and further finds that it would be reasonable and appropriate to replace said trees with trees of the same or similar variety with approximate trunk width of 2”, as trees of that dimension will have a higher likelihood of survivability upon planting.
NOW, THEREFORE, BE IT RESOLVED that the City Council of Monticello, Iowa does hereby deny the property owner’s request for compensation and directs the City Administrator to work with Betty Richardson with regard to the replacement of the trees consistent with the City’s obligation under the ROW Agreement.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and caused the Great Seal of the City of Monticello, Iowa to be affixed hereto. Done this 7th Day of September, 2010.
Don “Ho” Miyagawa, Mayor
Attest:
Sally Hinrichsen, Monticello City Clerk