HomeMy WebLinkAbout1990-485-08.13.1990 RESOLUTION NO. 1990-485
(CONTRACT NO. 399)
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, F.Y. 1991 Sidewalk
Repair Assessment Program - Zone 2, Contract No. 399, 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.
1991 Sidewalk Repair Assessment Program - Zone 2, Contract
No. 399, 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.
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. 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 4th day of September, 1990, 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.
Resolution No. 1990-485
Page 2
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:
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 sidewalk improvement, designated the
Waterloo, Iowa, F.Y. 1991 Sidewalk Repair Assessment Program
- Zone 2, Contract No. 399, of the types and in the location
as follows:
WATERLOO, IOWA, F.Y. 1991 SIDEWALK REPAIR ASSESSMENT
PROGRAM - ZONE 2, CONTRACT NO. 399
Construction of municipal sidewalk repair work,
together with necessary related work, at various
locations throughout the City. The exact locations are
set out in detail in the preliminary assessment plat on
file in the office of the City Clerk/Auditor and said
plat by this reference is made a part hereof.
That the proposed District to be benefited and subject
to assessment for the cost of such improvements is described
as follows:
All properties, any part of which is included
within the areas located along the streets and
avenues to be improved and generally described so
as to include all privately owned and assessable
property abutting the sidewalks to be repaired, as
more particularly shown on the assessment plat on
file in the City Clerk/Auditor ' s Office.
(Waterloo, Iowa, F.Y. 1991 Sidewalk Repair
Assessment Program - Zone 2, Contract No. 399)
The Council will meet at 7 : 00 o'clock P.M. , on the 4th
day of September, 1990 , at the Council Chambers, City Hall,
Waterloo, Iowa, at 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.
Michelle Temeyer
Deputy City Clerk/Auditor
Resolution No. 1990-485
Page 3
INTRODUCED AND PROPOSED at a meeting held on the 13th
day of August, 1990 .
(410-7,A‘e
Robert J. Br wn, Mayor Pro Tem
ATTEST:
/
_K.
I I
Michelle Temeyer, Deputy City Clerk/Auditor
CERTIFICATE
STATE OF IOWA
) SS.
COUNTY OF BLACK HAWK)
I , the undersigned Deputy 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 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 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 August, 1990.
,7 )Michelle
LA.
Temeyer
Deputy City Clerk/Auditor '
SEAL
Resolution No. 1990-485
Page 4
Re: WATERLOO, IOWA, F.Y. 1991 SIDEWALK REPAIR ASSESSMENT
PROGRAM - ZONE 2 , CONTRACT NO. 399
STATE OF IOWA
) SS.
COUNTY OF BLACK HAWK)
I , the undersigned, Deputy Clerk of the City of
Waterloo,Iowa, do hereby certify that on the 16th day of
August, 1990, I deposited and mailed in the United States
mails, by ordinary mail, at Waterloo,Iowa, properly stamped
and addressed a copy of the "Notice To Property Owners" in
the form attached hereto as follows: 1 ) to each and every
property owner listed in the preliminary plat and schedule
of assessments referred to in the Resolution of Necessity,
at the address shown by the latest available records in the
office of the County Auditor; and 2 ) in each case where the
property owner' s last address is known to differ from the
County Auditor ' s records, an additional Notice was mailed to
the last address known for certain sidewalk 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 Necessary, as shown by the latest available
records in the office of the County Auditor, whose property
is subject to assessment for said proposed sidewalk
improvements . If property to be 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.
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 ordinary mail)
2 . Director of Transportation
Highway Division
State Department of
Transportation
Ames, IA 50010 (By certified mail)
A list of the property owners and their mailing address
and certified mail receipts where applicable, 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 17th day of August, 1990.
I '
./
7 \ j
Michelle Temeyer
Deputy City Clerk/Auditorl
SEAL
Resolution No. 1990-485
Page 5
Re: WATERLOO, IOWA, F.Y. 1991 SIDEWALK REPAIR ASSESSMENT
PROGRAM - ZONE 2, CONTRACT NO. 399
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 Deputy Clerk of the City of Waterloo, in the
County of Black Hawk, State of Iowa, and that as such Deputy
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:
August 17 , 1990; and
August 24, 1990 .
WITNESS my official signature at Waterloo, Iowa, this
27th day of August, 1990.
-7"
Michelle Temeyer
Deputy City Clerk/Auditor