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HomeMy WebLinkAbout1982-557-12.13.1982 e) (Contract No. 223 ) (This Notice to be posted ) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Waterloo, Iowa. Date of Meeting: December 13 , 1982. Time of Meeting: 7 : 00 o'clock P M. Place of Meeting: Council Chambers , City Hall , Waterloo, Iowa. PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned governmental body will meet at the date , time and place above set out. The tentative agenda for said meeting is as follows : Resolution in connection with the Waterloo, Iowa, F.Y. 1982 Paving Program (Contract No. 223 ) . - Resolution instituting corrective procedure by Council. Such additional matters as are set forth on the addi- tional pages(s) attached hereto. (number) This notice is given at the direction of the Mayor pursuant to Chapter 28A, Code of Iowa, and the local rules of said governmental body. Dep. Cler , Waterloo, I wa `__. Michelle Temeyer AHLERS, GOONEY, DORWEILER, HAYNIE&SMITH, LAWYERS, DES MOINES, IOWA December 13 , 1982 The City Council of Waterloo, Iowa, met in session, in the Council Chambers , City Hall , Watex9 oo, Iowa, at 7 : 00 o'clock P.M. , on the above date. There were present Mayor Rooff — , in the chair, and the following named Council Members: Bowers , Burton, Dowie, Getty, Penaluna, Roehr and Wilharm. Absent: None * * * * * * * - 1 - AHLERS, GOONEY, DORWEILER. HAYNIE&SMITH. LAWYERS, DES MOINES, IOWA The City Engineer, being recognized by the Mayor, advised the Mayor and Members of the City Council that it is necessary that certain corrective procedure by the Council be adopted in connection with the public improvement program, generally described as the Waterloo, Iowa, F.Y. 1982 Paving Program (Contract No. 223 ) , which project was accepted by the Council by Resolution adopted on October 11, 1982, and final assessments for which project being officially levied by the Council by Resolution adopted on October 11, 1982. The Engineer further stated that after the above action had been taken by the Council it was discovered that in con- nection with the assessments levied for the improvements constructed on Hartman Avenue, from Magnolia Parkway to Knoll Avenue, that certain properties were assessed for a greater amount than they should have been assessed, and other proper- ties were inadvertently omitted from the final plat and sche- dule of assessments for said project. The City Engineer went on to further advise the Mayor and Council that, after this matter was discovered, Bond Counsel for the City was contacted to determine what type of correc- tive legal action could be taken to resolve this matter; and, Bond Counsel, after reviewing the same, has suggested that as to those properties which were assessed too much, action be taken pursuant to Section 384.74 of the City Code of Iowa to reduce those assessments accordingly and that a re-levy be made for the proper final assessment amounts; and, that, as to those properties which should have been assessed but were inad- vertently omitted, a new notice be given to those owners of such properties , advising them that a public hearing will be held on this matter and that, after such hearing, assessments will be levied against their properties pursuant to Section 384.72 of the City Code of Iowa, in order to correct this inequity in spreading the final assessments against all benefited properties on said avenue . This matter was then discussed in detail by the Mayor and the City Council; and, it was determined in fairness to all of the property owners involved on this project that appropriate corrective action by the Council be initiated immediately. Council Member Dowie introduced the following Resolution and moved its adoption. Council Member Getty seconded the motion to adopt. The roll was called and the vote was , AYES : Bowers_, nnrf n , now; e, 3Atty, P naluna, Roehr, and Wilharm. NAYS: None Whereupon the Mayor declared the following Resolution duly adopted: - 2 - AHLERS. COONEY.DORWEILER. HAYNIE&SMITH. LAWYERS, DES MOINES. IOWA RESOLUTION NO. 1982 -557 RESOLUTION INSTITUTING CORRECTIVE PROCEDURE BY COUNCIL IN CONNECTION WITH THE WATERLOO, IOWA, F.Y. 1982 PAVING PROGRAM (CONTRACT NO. 223 ) WHEREAS , the City Council of the City of Waterloo, Iowa, adopted on October 11, 1982, a Resolution entitled "RESOLUTION ADOPTING AND LEVYING FINAL SCHEDULE OF ASSESSMENTS , AND PROVIDING FOR THE PAYMENT THEREOF" , in connection with the construction of a public improvement project, generally described as the Waterloo, Iowa, F.Y. 1982 Paving Program (Contract No. 223 ) , and on October 13 , 1982 , filed a Certificate of Levy, including the attachments therein referred to, with the County Treasuer of Black Hawk County and with the Building Permit Official of the City of Waterloo, Iowa; and WHEREAS , after the above Council and other related action was taken, it was discovered by the City Engineering Department that certain properties to be assessed were inad- vertently omitted from the final plat and schedule of assessments; and, further that certain properties were inad- vertently assessed for a greater sum than they should have been assessed, which errors occurred only on those street improvements constructed on Hartman Avenue , from Magnolia Parkway to Knoll Avenue; and WHEREAS , the Council is of the opinion that corrective action should now be taken in order that all properties will be treated in the same manner, and that costs of the street improvement on the above described avenue will be apportioned and assessments spread as originally intended; and WHEREAS, this Council is of the opinion that, as to those properties which were assessed too much, the assessments be reduced and that a re-levy be made in the correct amounts , and that the County Treasurer and other proper officials be officially notified of this change once it has been adopted; and WHEREAS , this Council is of the opinion as to those properties which were inadvertently omitted from the plat and schedule of assessments , that the owners of such properties be notified that assessments will be levied against their properties , as should have been the case in the original instance and that, after a public hearing on this matter has been held, such assessments will be levied accordingly and thereafter certified over to the County for collection: NOW, THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: - 3 - AHLERS. GOONEY. DORWEILER. HAYNIE&SMITH. LAWYERS, DES MOINES. IOWA Secton 1 . That all owners of properties which were inadvertently omitted from the plat and schedule of assessments in connection with the public improvement program, referred to as the Waterloo, Iowa, F.Y. 1982 Paving Program (Contract No. 223 ) , be sent a special Notice to Property Owners by the Clerk, using restricted certified mail , advising them that a public hearing will be held at 7 :00 o'clock P. M. , on the 3rd day of January , 19 83 , at the Council Chambers , City Hall , Waterloo, Iowa, to consider this matter and that, after said hearing has been held, it is the intention of the Council to levy assessments against their properties to cover their fair share of the costs of said street improvements , as if done at the proper time and in the proper manner provided by law and Council action. The pro- perty owners to whom such Notice will be sent are listed on Exhibit "A" , which Exhibit is made a part and parcel of this Resolution by this reference . Section 2. That all properties which were inadvertently assessed too much , will have their assessments reduced by appropriate Council action through a re-levy of the final assessments , after the public hearing referred to in Section 1 above has been held. The property owners whose assessments are to be reduced , are listed on Exhibit "B" , which Exhibit is made a part and parcel of this Resolution by this reference . PASSED AND APPROVED this 13th day of December, 1982. ri7;;. --P -P.,, Mayor Leo P. Roof , ATTEST: j `, _AtJJr. i / t,(_ 1 !Y�YI.I Dep. C erk Michelle Temeyer �; - 4 - AHLERS. GOONEY, DORWEILER,HAYNIE&SMITH. LAWYERS. DES MOINES, IOWA NOTICE TO PROPERTY OWNERS NOTICE is hereby given to you that there is now on file for public inspection an amendment to the final plat and sche- dule of assessments for a public improvement project, generally described as the Waterloo, Iowa, F.Y. 1982 Paving Program (Contract No. 223 ) , which amendment (referred to as Exhibit "A" - Contract No. 223 ) covers only the street impro- vements constructed on Hartman Avenue, from Magnolia Parkway to Knoll Avenue. Your property was included in the benefited assessment district for the project, but through inadvertence and error your property was not included in the final plat and schedule of assessments , nor was mailed or published Notice given, as required by the City Code of Iowa and prior Council action. The City Code of Iowa, however, does provide that when, by reason of nonconformity to any law or Resolution or by reason of any omission, informality or irregularity, any special tax or assessment levied is determined by the Council to be invalid, the Council may correct the levy by Resolution and may re-assess and re-levy with the same force and effect as if taken at the proper time and in the proper manner provided by law and by Resolution. The City Council of Waterloo, Iowa, has determined that in fairness to all property owners who have been benefited by the construction of the street improve- ments above mentioned, and in the interest of equity in this matter, that Council action be taken to correct this matter by reducing the assessments of those properties which were assessed too much, and to levy the assessments against those properties which were inadvertently not assessed, which would include property owned by you. Before this proposed action will be taken by the Council , a public hearing will be held at 7 :00 o'clock P. M. , on the 3rd day of January , 1983 , in the Council Chambers , City Hall , at Waterloo, Iowa, at which time and place all owners of property to whom this Notice is being sent by restricted certified mail , may appear and be heard for or against the action being proposed by the Council to levy assessments against any omitted benefitd property as above described. A property owner will be deemed to have waived all objections on this matter unless at the time of said hearing he has filed objections with the City Clerk. You are further notified that, if action is taken by the City Council to levy assessments against those properties inadvertently omitted from the final schedule of assessments, after the public hearing has been held , such assessments may - 1 - AHLERS, GOONEY, DORWEILER, HAYNIE&SMITH. LAWYERS, DES MOINES, IOWA be paid in full or in part without interest at the office of the City Clerk at any time within a thirty day period commencing from the date of said public hearing. Unless said assessments are paid in full within said thirty day period, all unpaid assessments will draw annual interest computed at twelve per- cent (commencing on the date of acceptance of the work) com- puted to the December 1st next following the due dates of the respective installments . Each installment will be delinquent on September 30th following its due date on July 1st in each year. Property owners may elect to pay any annual installment semiannually in advance. This Notice is being mailed and given by authority of the Council of the City of Waterloo, Iowa. Dep. City Clerk of the City of Waterloo, Iowa Michelle Temeyer - 2 - AHLERS, GOONEY, DORWEILER, HAYNIE&SMITH. LAWYERS, DES MOINES, IOWA 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 por- tion 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; 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 pur- pose 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 28A, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the com- mencement of the meeting as required by said law and with mem- bers 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 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 13th day of December _, 1982 . / r AI 0t 11 k- c,A Dep.City kWeoo, w (- Michelle Temeyer SEAL AHLERS, COONEY.DORWEILER, HAYNIE&SMITH. LAWYERS, DES MOINES, IOWA STATE OF IOWA ) SS COUNTY OF BLACK HAWK ) I , the undersigned , Clerk of the City of Waterloo, Iowa, do hereby certify that on the 14th day of December , 1982 , I deposited and mailed in the United States mails, by restricted certified mail , at Waterloo, Iowa, properly stamped and addressed , a copy of the special Notice to Property Owners attached hereto covering certain recently completed and accepted street improvements in said City, as more particularly described in said Notice , to each and every property owner listed on Exhibit "A" to the final plat and schedule of assessments referred to in said Notice , as shown by the latest available records in the office of the County Auditor, whose property is subject to assessment for said street improvements . If property 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 . Restricted certified mail receipts or stubs covering each said mailing, hereinabove mentioned, are now on file in the official records of said City in my office. Witness my hand and the seal of said City at Waterloo, Iowa, this 15th day of December , 1982 . '',7 17 : 11,11„A_A_J i /Vin, 1, n Dep. Clerk ichelle TemeyerYL -\-) f (SEAL) (Attach to this certificate duplicate copy of special Notice to Property Owners , as mailed ) AHLERS. GOONEY, DORWEILER,HAYNIE&SMITH. LAWYERS. DES MOINES, IOWA