HomeMy WebLinkAbout1982-102-03.22.1982 Dowie introduced the following
Resolution entitled "RESOLUTION OF NECESSITY" , and moved its
adoption. WilhaLili seconded the motion to
adopt. The roll was called and the vote was ,
AYES: Dowie , Burton, Bowers , Getty,
Penaluna, Roehr, Wilharm
NAYS: None
Whereupon, the Mayor declared the resolution duly adopted
as follows:
RESOLUTION NO. 1982-102
(CONTRACT #180 )
RESOLUTION OF NECESSITY
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,
F.Y. 1982 Lowder Road Sanitary Sewer Improvement Project
(Contract #180 ) , 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,
F.Y. 1982 Lowder Road Sanitary Sewer Improvement Project
(Contract #180 ) , 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 of Necessity.
Said improvements within said District are located and
described in the following "Notice to Property Owners" , set
out in this Resolution of Necessity.
The method of construction shall be by contract.
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AHLERS, COONEY.DORWEILER,HAYNIE&SMITH, LAWYERS, DES MOINES, IOWA
Costs of said improvements will be assessed to the proper-
ties within the boundaries of the district. No property shall
be assessed more than it is benefited by the improvements nor
more than 25% 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.
BE IT FURTHER RESOLVED, that this Council meet at 7 : 00
o 'clock p .M. , on the 12th day of April 1982, in
the Council Chambers in the City Hall, for the purpose of
hearing property owners subject to assessment and interested
parties for or against the improvement, its cost, the
assessment , or the boundaries of the district. Unless a pro-
perty owner files objections with the Clerk at the time of the
hearing on this resolution of necessity, 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 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 substan-
tially the following form:
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AHLERS, GOONEY,DORWEILER,HAYNIE&SMITH, LAWYERS, DES MOINES, IOWA
(Two publications required )
(CONTRACT #180 )
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 esti-
mate of costs and plat and schedule showing the amounts pro-
posed to be assessed against each lot and the valuation
thereof within the district as approved by the Council of
Waterloo, Iowa, for a sanitary sewer improvement , designated
as the Waterloo, Iowa, F.Y. 1982 Lowder Road Sanitary Sewer
Improvement Project (Contract #180 ) , of the types and in the
location as follows:
WATERLOO, IOWA, F.Y. 1982 LOWDER ROAD SANITARY
SEWER IMPROVEMENT PROJECT (CONTRACT #180 )
SCOPE OF WORK
The scope of the work involved is the construction of
sanitary sewer mains and other work as may be incidental
thereto to serve property owners along Lowder Road , Andora
Drive , and the east side of Logan Avenue from the centerline
of Lowder Road to a point approximately 990 feet south of the
centerline of Lowder Road and the construction of a trunk
sanitary sewer and other work as may be incidental thereto
generally on easements from the existing trunk sewer along
East Donald Street to a point approximately 265 feet north and
approximately 250 feet west of the extended centerline of
Lowder Road to connect with the aforementioned sanitary sewer
proposed to serve property owners on Lowder Road , Andora Drive
and portions of Logan Avenue .
The specific locations of the proposed sewer lines are
described as follows:
LOWDER ROAD, from Logan Avenue , east to Dead End.
EASEMENT EAST OF LOGAN AVENUE , from Lowder Road, south
approximately 1,000 feet.
EASEMENT SOUTH OF LOWDER ROAD, from 325 feet west of Andora
Drive, east 1 ,020 feet.
EASEMENT , from Dead End of Lowder Road , to the south 350 feet.
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AHLERS. GOONEY, DORWEILER. HAYNIE&SMITH, LAWYERS, DES MOINES, IOWA
That the proposed district to be benefited and subject to
assessment for the cost of such improvements is described as
follows:
WATERLOO, IOWA, F.Y. 1982 LOWDER ROAD SANITARY
SEWER IMPROVEMENT PROJECT (CONTRACT #180 )
Beginning at the Northeast Corner of U.S. Highway No. 63 and
Lowder Road; thence North along the East Right-of-Way Line of
U.S . Highway No. 63 a distance of one hundred twenty (120 )
feet; thence East two hundred sixty-seven (267 ) feet; thence
North one hundred fifty (150 ) feet; thence East one thousand
twenty (1 ,020 ) feet; thence South four hundred seventy-five
( 475 ) feet; thence West three hundred twenty (320 ) feet;
thence South one hundred thirty-five (135 ) feet to the North
Right-of-Way Line of Andora Drive; thence West along the North
Right-of-Way Line of Andora Drive and its Westerly extension a
distance of three hundred seventy-five (375 ) feet; thence
North one hundred thirty-five (135 ) feet; thence West two
hundred twenty-five (225 ) feet; thence South to a point six
hundred seventeen (617 ) feet South of the South Right-of-Way
Line of Lowder Road; thence West two hundred sixty-seven (267 )
feet to the East Right-of-Way Line of U.S. Highway No. 63 ;
thence North to the point of beginning .
Also
Beginning at a point on the East Right-of-Way Line of U.S.
Highway No. 63 a distance of six hundred ninety-two (692 ) feet
South of the South Right-of-Way Line of Lowder Road; thence
East two hundred sixty-seven (267 ) feet; thence South four
hundred (400 ) feet; thence West two hundred sixty-seven (267 )
feet; thence North to the point of beginning .
The Council will meet at 7 : 00 o'clock p .M. , on the
12th day of April , 1982 , at the Council Chambers,
City Hall , Waterloo, Iowa, at which time the owners of pro-
perty subject to assessment for the proposed improvements , or
any other person 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.
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AHLERS,COONEY, DORWEILER. HAYNIE&SMITH, LAWYERS, DES MOINES, IOWA
This Notice is given by authority of the Council of the
City of Waterloo, Iowa.
1 k, W erloo, ow
arry . Burger
(END OF NOTICE)
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AHLERS, GOONEY, DORWEILER, HAYNIE&SMITH.LAWYERS, DES MOINES, IOWA
APPROVED AND PROPOSED at a meeting held on the 22nd day
of March , 1982 .
M` yor Pro-Te
ack L. Roehr
ATTEST:
C rk
arr . Burger
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AHLERS, COONEY, DORWEILER. HAYNIE&SMITH. LAWYERS, DES MOINES, IOWA
Re: WATERLOO,IOWA, F.Y. 1982 LOWDER ROAD SANITARY SEWER
IMPROVEMENT PROJECT (CONTRACT #180 )
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
asccessible 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 24 day of March 1982 .
;22)
C . y C rk, Waterl , Iowa
ar P. Burger
SEAL
AHLERS, COONEY, DORWEILER,HAYNIE&SMITH,LAWYERS, DES MOINES, IOWA
Re: WATERLOO,IOWA, F.Y. 1982 LOWDER ROAD SANITARY SEWER
IMPROVEMENT PROJECT (CONTRACT #180 )
STATE OF IOWA
SS
COUNTY OF BLACK HAWK
I , the undersigned , Clerk of the City of Waterloo, Iowa,
do hereby certify that on the 25 day of
March , 1982 , I deposited and mailed in the United
States mails , by certified mail , at Waterloo, Iowa, properly
stamped and addressed a copy of the "Notice To Property
Owners" for certain sanitary sewer improvements proposed to be
constructed in said City, as more particularly described in
said notice attached hereto, to each and every property owner
listed 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
sanitary sewer improvements . If property to be assessed was
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 mails 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 restricted certified mail )
2 . Director of Transportation
Highway Division
State Department of
Transportation
Ames , IA 50010 (By certified mail )
Certified mail receipts or stubs covering each said
mailing, hereinabove mentioned , are now on file in the offi-
cial records of said City in my office .
Witness my hand and the seal of said City at Waterloo,
Iowa, this 26 day of March , 1982.
SEAL
er
Larry P. urger
(Attach to this certificate duplicate copy .f
Notice to Property Owners , as mailed . )
AHLERS, COONEY,DORWEILER, HAYNIE&SMITH, LAWYERS, DES MOINES, IOWA
Re: WATERLOO,IOWA, F.Y. 1982 LOWDER ROAD SANITARY SEWER
IMPROVEMENT PROJECT (CONTRACT #180 )
STATE OF IOWA
SS
COUNTY OF BLACK HAWK
I , the undersigned, do hereby certify that I am now and
was at the time hereinafter mentioned, the duly qualified and
acting 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 in the "Waterloo Courier" , a legal
newspaper 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 bonafide paid cir-
culation recognized by the postal laws of the United States,
and 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:
March 24 , 1982; and
March 31 , 1982.
WITNESS my official signature at Waterloo, Iowa, this
1st day of April , 1982.
Cit Cler
Larry P urger
AHLERS.COONEY,DORWEILER.HAYNIE&SMITH,LAWYERS, DES MOINES, IOWA