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HomeMy WebLinkAbout1981-617-12.14.1981 Dowie introduced the following Resolution entitled "RESOLUTION OF NECESSITY" , and moved its adoption. Wilharm seconded the motion to adopt. The roll was called and the vote was, AYES: Getty, Wilharm, Roehr, Dowie, Penaluna, Bowers and Burton. NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: RES . NO. 1981-617 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 Paving Program (Contract No. 223 ) , 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 Paving Program (Contract No. 223 ) , 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. Costs of said improvements will be assessed to the proper- ties within the boundaries of the district. No property shall - 9 - AHLERS, COONEY, DORWEILER, HAYNIE&SMITH, LAWYERS, DES MOINES, IOWA 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 purpose8l. BE IT FURTHER RESOLVED, that this Council meet at 7 : 00 o 'clock p .M. , on the 4 day of January 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: - 10 - AHLERS, COONEY,DORWEILER, HAYNIE&SMITH, LAWYERS, 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 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 street improvement, designated as the Waterloo, Iowa, F.Y. 1982 Paving Program (Contract No. 223 ) , of the types and in the location as follows: WATERLOO, IOWA, F.Y. 1982 PAVING PROGRAM (CONTRACT NO. 223 ) The extent of the work involved is the construction of street improvements in, along, and upon portions of certain streets and avenues, and such other work as may be incidental thereto, along and upon the following streets and avenues: Street improvements consisting of six (6 ) inch thick non-reinforced Portland cement concrete pavement with integral curb (where noted in the construction plans ) , new or renewed water services, new sanitary sewer services, storm sewer, and such other work as may be incidental thereto: DIVISION I : ASHLAND AVENUE, from Riehl Street to West Parker Street, including replacement of partial intersections at Riehl Street, Dawson Street, Kern Street, Newton Street, and West Parker Street. Said improvement shall be approximately thirty-one (31 ) feet wide. LINDEN AVENUE, from Glenwood Street to approximately four hundred seventy (470 ) feet south, including replacement of intersection at Glenwood Street. Said improvement shall be approximately thirty-one (31) feet wide. WYOMING STREET, from Prince Street to Lafayette Street, including one-half intersection at Prince Street. Said improvement shall be approximately thirty-one (31 ) feet wide. - 11 - AHLERS, COONEY, DORWEILER,HAYNIE&SMITH, LAWYERS, DES MOINES, IOWA HARTMAN AVENUE, from Magnolia Parkway to Knoll Avenue, including full intersections at Magnolia Parkway, Wallgate Avenue, Englewood Avenue, and Knoll Avenue. Said improvement shall be approximately thirty-one (31 ) feet wide. KIRKWOOD AVENUE, from Harwood Avenue to Bismark Avenue, including full intersection at Harwood Avenue. Said improvement from Harwood Avenue to Bismark Avenue shall be approximately twenty-seven (27 ) feet wide, and the full inter- section at Harwood Avenue shall be approximately thirty-one (31 ) feet wide. KIRKWOOD AVENUE, from Bismark Avenue to Upton Avenue, including full intersection at Stratford Avenue, and replace- ment of a partial intersection at Bismark Avenue. Said improvement shall be approximately thirty-one (31 ) feet wide. HARWOOD AVENUE, from the west PTR of Kirkwood Avenue (Sta. 4+63. 55 ) to approximately thirty-nine (39 ) feet west (Sta. 4+24. 82) . Said improvement shall be approximately thirty-one (31 ) feet wide. DIVISION II : ONEIDA STREET, from Beech Street to Linden Avenue, including one-half intersection at Linden Avenue, and replacement of partial intersection at Beech Street. Said improvement shall be approximately thirty-one (31 ) feet wide. ASSESSMENT METHOD AND COST All streets and avenues being assessed will be assessed for one-third (1/3 ) of the total cost. Assessment of cost is determined as follows: One-half of cost is assessed to properties which front on the improvement, pro-rated by lot width, together with the remaining one-half of cost assessed to all properties, pro- rated by lot area. Intersection costs are assessed by lot area, pro-rated. Cost is determined and assessed per indivi- dual street or portion thereof. The cost of new or renewed water or sewer services shall be assessed at the actual cost of having the work done which may be less or greater than the proposed amount. AHLERS. GOONEY, DORWEILER.HAYNTE'&SMITH, LAWYERS, DES MOINES, IOWA No sodding or seeding will be done in the parking which is the area between the back of curb and the property line. Replacement of sod or seed in the parking is the respon- sibility of the property owner. NEW AND RENEWED WATER AND SEWER SERVICES The City Council has ordered the connections from water and/or sewer be made, or in some instances renewed to the pro- perty line of the abutting or adjacent property, as part of the permanent improvements described above. Affected property owners will receive an additional proposed assessment notice for this work entitled "Underground Portion of F.Y. 1982 Paving Program Contract No. 223" . The property owner has the option to complete the necessary work by contracting with a plumber of his choice within thirty (30 ) days after the date of hearing on the pro- posed Resolution of Necessity. All permits for said new or renewed water and sewer ser- vices to property served from the above streets or cross streets within the limits of the proposed improvements must be taken out after January 5 19 82 , but before 19 82 , with said work to be completed by April March 1 19 82 . All new and renewed connections shall be constructed in accordance with the specifications of the City Engineer, the rules and regulations of the Board of Trustees of the Waterloo Water Works, and the ordinances relating thereto. In case such connections are not made within said time by a plumber hired by the property owners, then the City or the Board of Trustees of the Waterloo Water Works, as the case may be, shall cause same to be made and the cost and expenses thereof will be assessed against the property in front of which said improvement is made. That the proposed district to be benefited and subject to assessment for the cost of such improvements is described as follows: All abutting and adjacent property to the above described streets and avenues that is within one-half way back between the street to be improved and the next street, but in no case shall said area extend further than three hundred (300 ) feet from the street to be improved. (Waterloo, Iowa, F.Y. 1982 Paving Program (Contract No. 223 ) - 13 - AHLERS.COONEY, DORWEILER,HAYNIE&SMITH, LAWYERS, DES MOINES, IOWA The Council will meet at 7 : 00 o'clock P .M. , on the 4th day of January , 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. This Notice is given by authority of the Council of the City of Waterloo, Iowa. Cler , W r oo, I L ry Burger (END OF NOTICE) - 14 - AHLERS, COONEY, DORWEILER, HAYNIE&SMITH. LAWYERS, DES MOINES, IOWA APPROVED AND PROPOSED at a meeting held on the 14 day of December , 1981. <724)/.4C? Mayor, Leo P . Roof ATTEST: Cler La y P. Bu er - 15 - AHLERS, GOONEY,DORWEILER, HAYNIE&SMITH. LAWYERS, DES MOINES, IOWA