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HomeMy WebLinkAbout1990-140-03.12.1990 Budak introduced the following Resolution entitled "RESOLUTION OF NECESSITY (PROPOSED) " , and moved its adoption. Brown seconded the motion to adopt. The roll was called and the vote was, AYES: Dell, Fox, Angel, Wright, Budak and Brown NAYS: Whereupon, the Mayor declared the Resolution duly adopted as follows: RESOLUTION NO. 1990-140 (CONTRACT NO. 382) 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. 1990 Sidewalk Repair Assessment Program - Zone 1 - Contract No. 382, 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. 1990 Sidewalk Repair Assessment Program - Zone 1 - Contract No. 382 , 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. - 8 - AHLERS,COONEY,DORM'EILER,HAYNIE,SMITH&ALLBEE,P,C. 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 2nd day of April , 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. 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: - 9 - AHLERS,C00NEY,DORWEILER,HAYNIE,SMITH&ALLBEE,P.C. ATTORNEYS AT LAW DES MOINES,IOWA (Two publications required) (CONTRACT NO. 382) 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 as the Waterloo, Iowa, F.Y. 1990 Sidewalk Repair Assessment Program - Zone 1 - Contract No. 382 , of the types and in the location as follows: WATERLOO, IOWA, F.Y. 1990 SIDEWALK REPAIR ASSESSMENT PROGRAM - ZONE 1 - CONTRACT NO. 382 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. 1990 Sidewalk Repair Assessment Program - Zone 1 - Contract No. 382) The Council will meet at 7: 00 o'clock P .M. , on the 2nd day of April , 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 - 10 - AHLERS,COONEY,DORWEILER,HAYNIE,SMITH&ALLBEE,P.C. ATTORNEYS AT LAW DES MOINES.IOWA 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. Cler /Au tor, Wateoo, Iowa Larry P;. ' urger (END OF NOVICE) �J - 11 - AHLERS,C00NEY,DORWEILER,HAYNIE,SMITH&ALLBEE,P.C. ATTORNEYS AT LAW DES MOINES,IOWA INTRODUCED AND PROPOSED at a meeting held on the 12 day of March , 1990. /2„, /Met44.1 Ma or BernarL. McKinley ATTEST: "2 �Cler , L ry P. Burg r . - 12 - AHLERS,COONEY,DORWEILER,HAYNIE,SMITH&ALLBEE,P,C. ATTORNEYS AT LAW DES MOINES,IOWA CIG-3 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 14th day of March , 1990. `City Cler / uditor, aterloo, Iowa Larr P. urger SEAL AHLERS,COONEY,DORM EILER,HAYNIE,SMITH&ALLBEE,P.C. ATTORNEYS AT LAW DES MOINES,IOWA CISA-1 RE: WATERLOO, IOWA, F.Y. 1990 SIDEWALK REPAIR ASSESSMENT PROGRAM - ZONE 1 - CONTRACT NO. 382 STATE OF IOWA ) SS COUNTY OF BLACK HAWK ) I, the undersigned, Clerk of the City of Waterloo, Iowa, do hereby certify that on the 15th day of March 1990, 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" 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 Necessity, 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) - 1 - AHLERS,COONEY,DORWEILER,HAYNIE,SMITH&ALLBEE,P.C. ATTORNEYS AT LAW DES MOINES.IOWA 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 15th day of March , 1990. SEAL it Cl /Au itor L rry P Burger (Attach to this Certificate duplicate copy of Notice to Property Owners, as mailed. ) - 2 - AHLERS,COONEY,DORWEILER,HAYNIE,SMITH&ALLBEE,P.C. ATTORNEYS AT LAW DES MOINES,IOWA CiSA-3 RE: WATERLOO, IOWA, F.Y. 1990 SIDEWALK REPAIR ASSESSMENT PROGRAM - ZONE 1 - CONTRACT NO. 382 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: March 16 , 1990; and March 23 , 1990. WITNESS my official signature at Waterloo, Iowa, this 26th day of March , 1990. C4. f/)/i/i/ Aolfl'af ycerk7,ry I� Burger' AHLERS,COONEY,DORWEILER,HAYNIE,SMITH&ALLBEE,P.C. ATTORNEYS AT LAW DES MOINES,IOWA