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HomeMy WebLinkAbout1982-476-10.11.1982 Council Member Penaluna introduced the following Resolution entitled "RESOLUTION ADOPTING AND LEVYING FINAL SCHEDULE OF ASSESSMENTS, AND PROVIDING FOR THE PAYMENT THEREOF" and moved its adoption. Council Member GPfity seconded the motion to adopt. The roll was called and the vote was , AYES: Bowers , Burton, Dowie, Getty, Penaluna, Roehr, Wilharm NAYS: None Whereupon the Mayor declared the following Resolution duly adopted as follows : RESOLUTION NO. 1982 - 476 (CONTRACT NO. 223 ) 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 pro- posed to be made for the construction of the Waterloo, Iowa, F.Y. 1982 Paving Program (Contract No. 223 ) , within the City, under contract with Cedar Valley Corp. of Waterloo, Iowa, which final plat and schedule was filed in the office of the Clerk on the 7th day of October , 1982; said assessments are hereby corrected by making the following changes and reductions : NAME OF PROPOSED CORRECTED PROPERTY FINAL FINAL OWNER AND PROPOSED CONDITIONAL CORRECTED CONDITIONAL DESCRIPTION FINAL DEFICIENCY, FINAL DEFICIENCY, OF PROPERTY ASSESSMENT IF ANY ASSESSMENT IF ANY NONE - 5 - AHLERS, COONEY. DORWEILER, HAYNIE&SMITH. LAWYERS, DES MOINES, IOWA 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 con- ditionally against the respective properties benefited by the improvements as shown in the schedule , subject to the provi- sions 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 assessments of $50 . 00 or more shall be payable in ten equal annual installments and shall bear interest at the rate of twelve per cent per annum, the maximum rate permitted by law, from the date of the accep- tance of the improvements; the first installment of each assessment, or total amount thereof, if it be less than $50. 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, 1983; 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 manner as the September semiannual 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 cer- tification of the plat and schedule of assessments to the County Treasurer of Black Hawk County, Iowa. BE IT FURTHER RESOLVED, that the Clerk be and 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 certified 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. - 6 - AHLERS, GOONEY, DORWEILER, HAYNIE&SMITH, LAWYERS, DES MOINES, IOWA BE IT FURTHER RESOLVED, that the Clerk is directed to cer- tify the deficiencies for lots specially 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 ordinance . The 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 APPROVED this llth day of October , 1982. '#yor Pro Tem Jack L. Roehr ATTEST: h ' {i)11.1,,, Dep. Clerk Michelle Temeyer - 7 - AHLERS, GOONEY, DORWEILER, HAYNIE&SMITH, LAWYERS, DES MOINES, IOWA