A Discussion of the Legality and Feasibility of the NE 18th Overpass Project*
The construction of the NE 18th Overpass as proposed in the NE 18th Feasibility Study is illegal and would violate numerous county ordinances. According to information contained within the NE 18th Street Feasibility study authorized by the City of Ankeny, construction of the overpass violates Polk County ordinances in subsection J, item 4a and several items in 4d:
If Polk County were to collaborate with
the City of Ankeny on the NE 18th Street Overpass project they would have
to disregard these ordinances and ignore subsection “D” compliance.
Below is a copy of the authorization committing the City of Ankeny to
Millions of Dollars in Funding for the NE 18th Overpass.
The City council, City manager and MPO have recklessly endorsed funding for an illegal as proposed project. The project may not be feasible from an engineering standpoint since they have not yet completed critically important boring and soil samples necessary for safe construction of the project. It also appears they do not have the legal authority to acquire the property through eminent domain. The City has committed the citizens of Ankeny to the project if funding is approved ignoring warnings and facts that have been brought to their attention. Download a detailed overview of the issues here.
The City of Ankeny needs to reassess the engineering plans and the feasibility
study they authorized so it can be verified that the project is legal as
They also need to verify that they have the ability to acquire the
property required as indicated in the engineering plans and that the
project can be realistically considered safe from an engineering
standpoint. If problems are found corrective action should be taken before
the City commits
itself to large sums of money and submits requests for federal funding.
It would be irresponsible to do any less.