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HomeMy WebLinkAbout1989-234-05.15.1989 Brown introduced the following Resolution entitled "RESOLUTION OF NECESSITY (PROPOSED) " , and moved its adoption. Budak seconded the motion to adopt. The roll was called and the vote was, AYES: Brown, Dell, Buck, Fox, Angel, Wright, Budak NAYS: None Whereupon, the Mayor declared the Resolution duly adopted as follows: Resolution No. 1989-234 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, FY 1989 Linbud Lane Paving Program (Contact #358) , 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, FY 1989 Linbud Lane Paving Program (Contact #358) , 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. - 9 - AHLERS,COONEY,DOHA FILER.HAtNIE.SMITH&ALLBEE ATTORNEYS AT LAW DES MOINES,IOWA 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 25% of its value on the date of its assessment. 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 5th day of June , 1989, in the Council Chambers, 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 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 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: - 10 - AHLERS,COONEY",DORA EILER,HAYNIE,SMITH&ALLBEE ATTORNEYS AT LAW DES MOINES,IOWA (Two publications required) 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 street improvement, designated as the Waterloo, Iowa, FY 1989 Linbud Lane Paving Program (Contact #358) , of the types and in the location as follows: WATERLOO, IOWA, FY 1989 LINBUD LANE PAVING PROGRAM (CONTRACT #358) SCOPE OF WORK The extent of the work involved is the construction of street improvements in, along and upon portions of a certain street, and such other work as may be incidental thereto, along and upon the following street: Street improvements consisting of: 6 inch thick Portland Cement Concrete Pavement and Storm Sewer. Subgrade, driveways and appurtenances and such other work as may be incidental thereto. All street improvements consist of the construction of a street, of which the approximate width from back-of-curb to back-of-curb as indicated below: The street proposed for improvement is: LINBUD LANE, from Sager Avenue to Alabar Avenue (East lane only) , approximately 822 feet, fifteen and one-half feet in width to match existing fifteen and one-half foot wide slab, making the completed street paving thirty-one (31) feet in width. That the proposed District to be benefited and subject to assessment for the cost of such improvements is described as follows: - 11 - AHLERS.COONEY,DORI%EILER,HAYNIE,SMITH&ALLBEE ATTORNEYS AT LAW DES MOINES,IOWA All properties, any part of which is included within the area located along the street to be improved and generally described so as to include one-half of the privately owned and assessable property between such street to be improved and the next street, as is more particularly shown on the assessment plat on file in the City Clerk's Office. In no case shall property entirely situated more than 300 feet from the street to be improved be assessed. (Waterloo, Iowa, FY 1989 Linbud Lane Paving Program (Contract #358) . ) The Council will meet at 7 : 00 o'clock P .M. , on the 5th day of June , 1989, at the Council Chambers, City Hall, Waterloo, Iowa, t which time the owners of property 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. This Notice is given by authority of the Council of the City of Waterloo, Iowa. Cle erloo, a Lar y P. urger (END OF NOTICE) - 12 - AHLERS.COONEY,DORM EILER.HAYNIE,SMITH&ALLREE ATTORNEYS AT LAW DES MOINES.IOWA INTRODUCED AND PROPOSED at a meeting held on the 1;5th day of May , 1989 . //4-/-3e CO A` te/ Mayor Bernard L. McKinley ATTEST: Cle k La y P. Burg - 13 - AHLERS,COONEY,DORM(EILER,HAYNIE.SMITH&ALLBEE ATTORNEYS AT LAW 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 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; 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 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 com- mencement 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 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 15th day of May , 1989. } City Cle , Waterl , Iowa Lar y P. urger SEAL ,AHLERS,COONEY.DORMEILER,HAYNIE.SMITH&ALLBEE ATTORNEYS AT LAW DES MOINES,IOWA Re: WATERLOO, IOWA, FY 1989 LINBUD LANE PAVING PROGRAM (CONTRACT #358) STATE OF IOWA SS COUNTY OF BLACK HAWK ) I, the undersigned, Clerk of the City of Waterloo, Iowa, do hereby certify that on the 19th day of May 1989, 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 street 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 street 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 official records of said City in my office. Witness my hand and the seal of said City at Waterloo, Iowa, this 22nd day of May , 1989 . SEAL /—) Clerk Larry ger (Attach to this certificate duplicate copy of Notice to Property Owners, as mailed. ) AHLERS.COONEY.DORWEILER,HAYNIE.SMITH&ALLBEE ATTORNEYS AT LAW DES MOINES,IOWA Re: WATERLOO, IOWA, FY 1989 LINBUD LANE PAVING PROGRAM (CONTRACT #358) 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 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 18 , 1989; and May 25 1989 WITNESS my official signature at Waterloo, Iowa, this 26th day of May , 1989 . City ler Larr P. ger AHLERS.COONEY.DORM FILER,HAYNIE.SMITH&ALLBEE ATTORNEYS AT LAW DES MOINES,IOWA