HomeMy WebLinkAbout2008-370-5/12/2008 This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry
Street, Waterloo, Iowa .
RESOLUTION NO. 2008-370
(CONTRACT NO. 742)
RESOLUTION OF NECESSITY (PROPOSED) .
WHEREAS, preliminary plans and specifications and plat and
schedule and estimate of cost are now on file in the office of
the Clerk showing the boundaries of the District, containing the
properties and lots to be assessed, locations of the
improvements, each lot proposed to be assessed, together with a
valuation of each lot as fixed by the council, an estimate of the
cost of the entire proposed improvements, stating the cost of
each type of construction and kind of materials to be used, and
an estimate of the amount proposed to be assessed against each
lot, for the construction of the Waterloo, Iowa, Sidewalk
Assessments in Conjunction with the F. Y. 2008 E. Ot' Street
Reconstruction and Streetscape Improvements, Contract No. 742, as
hereinafter described, in Waterloo, Iowa :
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
WATERLOO, IOWA:
That it is deemed desirable, advisable and necessary to
construct as a single improvement the Waterloo, Iowa, Sidewalk
Assessments in Conjunction with the F. Y. 2008 E. Ott' Street
Reconstruction and Streetscape Improvements, Contract No . 742, in
Waterloo, Iowa .
Said District containing the properties to be assessed is
set out and described in the following "Notice to Property
Owners", set out in this Resolution.
Said improvements within said District are located and
described in the following "Notice to Property Owners", set out
in this Resolution .
The method of construction shall be by contract .
Costs of said improvements will be assessed to the
properties within the boundaries of the District . No property
shall be assessed more than it is benefited by the improvements
nor more than 250 of its value on the date of its assessment .
Said assessment may include a ten percent Default and Deficiency
Fund, as authorized by Section 384 . 44 , City Code of Iowa .
A plat and schedule and estimate of costs are now on file in
the office of the Clerk as required by law.
Any difference between the amount which is derived from cash
payments made by property owners during the thirty day collection
period and the sale of Improvement Bonds issued against
assessments on benefited properties and the total cost of the
improvements, shall be paid for from the proceeds derived from
the issuance and sale of Bonds as authorized by Section 384 . 25,
City Code of Iowa, and/or from such other funds of said
Municipality as may be legally used for such purpose.
Resolution No. 2008-370
Page 2
BE IT FURTHER RESOLVED, that this Council meet at 5 : 30
o' clock P.M. , on the 27th day of May, 2008, at City Hall Council
Chambers in the City of Waterloo, Iowa, for the purpose of
hearing property owners subject to assessment and interested
properties for or against the improvement, its cost, the
assessment, or the boundaries of the District . Unless a property
owner files objections with the Clerk at the time of the hearing
on this Resolution, he shall be deemed to have waived all
objections pertaining to the regularity of the proceedings and
the legality of using special assessment procedure .
BE IT FURTHER RESOLVED, that the City Clerk is hereby
instructed to cause Notice to be published and mailed as required
by law of the pendency of this resolution and of the time and
place of hearing, objections thereto, and to the said preliminary
plans and specifications, estimate of costs and to the making of
said improvements; said Notice to be in substantially the
following form:
NOTICE TO PROPERTY OWNERS
Notice is hereby given that there is now on file for public
inspection in the office of the Clerk of the City of Waterloo,
Iowa, a proposed Resolution of Necessity, an estimate of costs
and plat and schedule showing the amounts proposed to be assessed
against each lot and the valuation thereof within the District as
approved by the Council of Waterloo, Iowa, for a sidewalk
improvement, designated the Waterloo, Iowa, Sidewalk Assessments
in Conjunction with the F. Y. 2008 E. 4th Street Reconstruction
and Streetscape Improvements, Contract No. 742, of the type and
in the location as follows :
WATERLOO, IOWA, SIDEWALK ASSESSMENTS IN CONJUNCTION
WITH THE F. Y. 2008 E. 4TH STREET RECONSTRUCTION
AND STREETSCAPE IMPROVEMENTS, CONTRACT NO. 742
Construction of municipal sidewalk repair work,
together with necessary related work, at various
locations throughout the City. The exact locations are
set out in detail in the preliminary assessment plat on
file in the office of the City Clerk and said plat by
this reference is made a part hereof .
That the proposed District to be benefited and subject to
assessment for the cost of such improvements is described as
follows :
All properties, any part of which is included within
the areas located along the streets and avenues to be
improved and generally described so as to include all
privately owned and assessable property abutting the
sidewalks to be repaired, as more particularly shown on
the assessment plat on file in the City Clerk' s Office.
(Waterloo, Iowa, Sidewalk Assessments in Conjunction
with the F. Y. 2008 E. 4th Street Reconstruction and
Streetscape Improvements, Contract No. 742) .
The Council will meet at 5: 30 o' clock P.M. , on the 27th day
cf May, 2008, at City Hall Council Chambers in the City of
Waterloo, Iowa, at which time the owners of property subject to
assessment for the proposed improvements, or any other person
Resolution No. 2008-370
Page 3
having an interest in the matter may appear and be heard for or
against the making of the improvement, the boundaries of the
district, the cost, the assessment against any lot, tract or
parcel of land, or the final adoption of a Resolution of
Necessity. A property owner will be deemed to have waived all
objections unless at the time of hearing he has filed objections
with the Clerk.
This Notice is given by authority of the Council of the City
of Waterloo, Iowa.
Nancy Eckert, CMC
City Clerk
INTRODUCED AND PROPOSED at a meeting held on the 5th day of
May, 2008 .
Tim Hurley, Mayor
ATTEST:
Nancy EckerCMC
City Clerk t,
CERTIFICATE
STATE OF IOWA )
ss .
COUNTY OF BLACK HAWK )
I, the undersigned City Clerk of Waterloo, Iowa, do hereby
certify that attached is a true and complete copy of the portion
of the corporate records of said Municipality showing proceedings
of the Council, and the same is a true and complete copy of the
action taken by said Council with respect to said matter at the
meeting held on the date indicated in the attachment, which
proceedings remain in full force and effect, and have not been
amended or rescinded in any way; and that meeting and all action
thereat was duly and publicly held in accordance with a notice of
meeting and tentative agenda, a copy of which was timely served
on each member of the Council and posted on the bulletin board or
other prominent place easily accessible to the public and clearly
designated for that purpose at the principal office of the
council (a copy of the face sheet of said agenda being attached
hereto) pursuant to the local rules of the council and the
provisions of Chapter 21, Code of Iowa, upon reasonable advance
notice to the public and media at least twenty-four hours prior
to the commencement of the meeting as required by said law and
with members of the public present in attendance; I further
certify that the individuals named therein were on the date
thereof duly and lawfully possessed of their respective City
Offices as indicated therein, that no Council vacancy existed
except as may be stated in said proceedings, and that no
controversy or litigation is pending, prayed or threatened
involving the incorporation, organization, existence or
Resolution No. 2008-370
Page 4
boundaries of the City or the right of the individuals named
therein as officers to their respective positions .
WITNESS my hand and the seal of said Municipality hereto
affixed this 7th day of May, 2008 .
SEAL Nancy Ecke CMC
City Clerk
Re: WATERLOO, IOWA, SIDEWALK ASSESSMENTS IN CONJUNCTION
WITH THE F. Y. 2008 E. 4TH STREET RECONSTRUCTION AND
STREETSCAPE IMPROVEMENTS, CONTRACT NO. 742
STATE OF IOWA )
) ss .
COUNTY OF BLACK HAWK )
I, the undersigned, City Clerk of the City of Waterloo,
Iowa, do hereby certify that on the 9th day of May, 2008, I
deposited and mailed in the United States mails, by ordinary
mail, at Waterloo, Iowa, properly stamped and addressed a copy of
the `Notice To Property Owners" in the form attached hereto as
follows : 1) to each and every property owner listed in the
preliminary plat and schedule of assessments referred to in the
Resolution of Necessity, at the address shown by the latest
available records in the office of the County Auditor; and 2) in
each case where the property owner' s last address is known to
differ from the County Auditor' s records, an additional Notice
was mailed to the last address known for certain sidewalk
improvements proposed to be constructed in said City, as more
particularly described in said notice attached hereto, to each
and every property ownerlisted on the preliminary plat and
schedule of assessments referred to in said Resolution of
Necessity, as shown by the latest available records in the office
of the County Auditor, whose property is subject to assessment
for said proposed sidewalk improvements . If property to be
assessed is shown to be in the name of more than one owner at the
same mailing address, a single notice was mailed, addressed to
all owners at that address:
With respect to property owned by the State of Iowa, and to
be assessed under the preliminary plat and schedule of
assessments referred to above, I further certify that on the same
date set forth above, I deposited and mailed in the United States
mail at the same post office, properly stamped and addressed, a
copy of the aforesaid Notice to each of the following :
1 . Secretary of the Executive Council
Iowa State Capitol
Des Moines, IA 50319 (By ordinary mail)
2 . Director of Transportation
Highway Division
State of Department of Transportation
Ames, IA 50010 (By ordinary mail)
�Fesolution No. 2008-370
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A list of the property owners and their mailing address and
,certified mail receipts where applicable, are now on file in the
official records of said City in my office .
X Witness my hand and the seal of said City at Waterloo, Iowa,
his 7th day of May, 2008 .
H
s
`'4_,J
s SEAL Nancy Eck e t, CMC
o City Cler
C-1 s
00 n Re : WATERLOO, IOWA, SIDEWALK ASSESSMENTS IN CONJUNCTION
M WITH THE F. Y. 2008 E . 4T" STREET RECONSTRUCTION AND
c -
STREETSCAPE IMPROVEMENTS, CONTRACT NO. 742
'STATE OF IOWA )
ss .
BOUNTY OF BLACK HAWK )
I, the undersigned, do hereby certify that I am now and was
�t the time hereinafter mentioned, the duly qualified and City
`clerk of the City of Waterloo, in the County of Black Hawk, State
of Iowa, and that as such Clerk of said City and by full
authority from said City Council, I have caused a
NOTICE TO PROPERTY OWNERS
of which the clipping annexed to the publisher' s affidavit hereto
attached is in words and figures a correct and complete copy, to
be published at least once weekly, printed wholly in the English
language, published regularly and mailed through the post office
of current entry for more than two years and which has had for
more than two years a bona fide paid circulation recognized by
the postal laws of the United States, having general circulation
in said City, and that said Notice was published in said
newspaper in all of the issues thereof published and circulated
on each of the following dates :
May 8, 2008; and
May 15, 2008
WITNESS my official signature at Waterloo, Iowa, this 7th
day of May, 2008 .
Nancy Ec rt, CMC
City Cle
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