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HomeMy WebLinkAbout2004-765-11.01.2004 This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2004-765 RESOLUTION ADOPTING AND LEVYING FINAL SCHEDULE OF ASSESSMENTS, AND PROVIDING FOR THE PAYMENT THEREOF. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That after full consideration of the final schedule of assessments and accompanying plat showing the assessments proposed to be made for the construction of the Waterloo, Iowa, F.Y. 2005 Sidewalk Repair Assessment Program - Zone 4 , Contract No. 679, within the City, under contract with Ti-Zack Concrete, Inc . of LeCenter, Minnesota, Iowa, final plat and schedule was filed in the office of the City Clerk on the 1st day of November, 2004 , said assessments are hereby corrected by making the following changes and reductions : Name of Proposed Proposed Corrected Corrected Property Final Final Final Final Owner and Assessment Conditional Assessment Conditional Description Deficiency Deficiency of Property If Any NONE BE IT FURTHER RESOLVED that the said schedule of assessments and accompanying plat, be and the same are hereby approved and adopted; and that there be, and is hereby assessed and levied, as a special tax against and upon each of the lots, parts of lots and parcels of land, and the owner or owners thereof liable to assessment for the cost of said improvements, the respective sums expressed in figures set opposite to each of the same on account of the cost of the construction of the said improvements . Provided further, that the amounts shown in said final schedule of assessments as deficiencies are found to be proper and are levied conditionally against the respective properties benefited by the improvements as shown in the schedule, subject to the provisions of Section 384 . 63 , Code of Iowa. Said assessments against said lots and parcels of land are hereby declared to be in proportion to the special benefits conferred upon said property by said improvements, and not in excess thereof, and not in excess of 25% of the value of the same . BE IT FURTHER RESOLVED that said assessment of $100 . 00 or more shall be payable according to the following schedule : $ 0 . 00 to $100 . 00 One (1) year $100 . 01 to $250 . 00 Three (3) years $250 . 01 to $500 . 00 Five (5) years $500 . 01 to $700 . 00 Seven (7) years $700 . 01 and over Ten (10) years and shall bear interest at the rate of nine percent per annum, the maximum rate permitted by law, from the date of the acceptance of the improvements; the first installment of each assessment, or total amount thereof, if it be less than $1000 . 00, with interest on the whole assessment from date of acceptance of the work by the Council, shall become due and payable on July 1, 2005, succeeding annual installments, with interest on the whole unpaid amount, shall respectively become due on July 1st annually thereafter, and shall be paid at the same time and in the same Resolution No. 2004-765 Page 2 manner as the September semi-annual payment of ordinary taxes . Said assessments shall be payable at the office of the City Clerk in full or in part and without interest within thirty days after the date of the first publication of the notice of the filing of the final plat and schedule of assessments to the County Treasurer of Black Hawk County, Iowa. BE IT FURTHER RESOLVED that the Clerk be and she is hereby directed to certify said final plat and schedule to the County Treasurer of Black Hawk County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the Waterloo Courier, a newspaper printed wholly in the English language, published in Waterloo, Iowa, and of general circulation in Waterloo, Iowa, the first publication of said notice to be made within fifteen days from the date of the filing of said schedule with the County Treasurer, the Clerk shall also send by ordinary mail to all property owners whose property is subject to assessment a copy of said notice, said mailing to be on or before the date of the second publication of the notice all as provided and directed by Code Section 384 . 60, Code of Iowa. BE IT FURTHER RESOLVED that the Clerk is directed to certify the deficiencies for lots especially benefited by the improvements, as shown in the final schedule of assessments, to the County Treasurer for recording in the Special Assessment Deficiencies book and to the city official charged with responsibility for the issuance of building permits . Said deficiencies are conditionally assessed to the respective properties under Code Section 384 . 63 for the amortization period specified by law. The City Clerk is authorized and directed to ascertain the amount of assessments remaining unpaid after the thirty day period against which Improvement Bonds may be issued and to proceed on behalf of the city with the sale of said Bonds, to select a date for the sale thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and this Council and otherwise to take all action necessary to permit the sale of said Bonds on a basis favorable to the city and acceptable to the Council . PASSED AND ADOPTED this 1st day of November, 2004 . Tim Hurley, yor ATTEST: Nanccker , CMC City Clerk R 63ution No. 2004-765 Pase 3 H O H sd H < s dc� O CERTIFICATE SU# OF IOWA �, ss COcUNTY OF BLACK HAWK) N 0 d t0 I, the undersigned City Clerk of Waterloo, Iowa, do hereby HD cerTtify that attached is a true and complete copy of the portion oe corporate records of said Municipality showing proceedings oof the Council , and the same is a true and complete copy of the action taken by said City with respect to said matter at the os m .ng held on the date indicated in the attachment, which .p/t0Otedings remain in full force and effect, and have not been c- amended or rescinded in any way; 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 a bulletin board or ,.other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Cotincil (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 toIthe 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 hereof 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 boundaries of the city or the right of individuals named therein as officers to their respective positions . WITNESS my hand and seal of said Municipality hereto affixed this 3rd day of November, 2004 . ,y/1 1C SEAL Nanc Eck t, CMC City Cler1 J