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HomeMy WebLinkAbout1981-497-10.05.1981 V9.7 (Contract No . 213 ) (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Waterloo , Iowa. Date of Meeting : October 5 , 1981. Time of Meeting: 7: 00 o 'clock p. M. Place of Meeting: Council Chambers , City Hall, Waterloo , Iowa. PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned governmental body will meet at the date , time and place above set out. The tentative agenda for said meeting is as follows : Resolution in connection with the Waterloo , Iowa, F.Y. 1981 Paving Program (Contract No . 213) . - Resolution adopting and levying final schedule of assessments. Such additional matters as are set forth on the addi- tional pages( s) attached hereto . (number) This notice is given at the direction of the Mayor pursuant to Chapter 28A, Code of Iowa, and the local rules of said governmental body. J -._-C1 k, e oo wax AHLERS, COONEY. DORWEILER, HAYNIE&SMITH.LAWYERS, DES MOINES, IOWA (Contract No . 213 ) October 5 , 1981 The City Council of Waterloo , Iowa, met in regular session, in the Council Chambers, City Hall, Waterloo , Iowa, at 7 : 00 o 'clock P .M. , on the above date . There were present Mayor Leo P. Rooff , in the chair, and the following named Council Members : Getty, Wilharm, Roehr, Dowie, Penaluna, Bowers and Burton. Absent: None * * * * * * * - 1 - AHLERS, GOONEY, DORWEILER,HAYNIE&SMITH.LAWYERS, DES MOINES, IOWA Council Member Wilharm introduced the following Resolution entitled "RESOLUTION ADOPTING AND LEVYING FINAL SCHEDULE OF ASSESSMENTS, AND PROVIDING FOR THE PAYMENT THEREOF" and moved its adoption. Council Member Roehr seconded the motion to adopt. The roll was called and the vote was , AYES: Getty, Wilharm, Roehr , Penaluna, Bowers and Burton NAYS: None Whereupon the Mayor declared the following Resolution duly adopted as follows : fig . NO. 1981-497 RESOLUTION ADOPTING AND LEVYING FINAL SCHEDULE OF ASSESSMENTS, AND PROVIDING FOR THE PAYMENT THEREOF BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That after full consideration of the final schedule of assessments and accompanying plat showing the assessments pro- posed to be made for the construction of the Waterloo , Iowa, F.Y. 1981 Paving Program (Contract No . 213 ) , within the City, under contract with Cedar Valley Corporation of Waterloo , Iowa, which final plat and schedule was filed in the office of the Clerk on the 1 day of October , 1981; said assessments are hereby corrected by making the following changes and reductions: NAME OF PROPOSED CORRECTED PROPERTY FINAL FINAL OWNER AND PROPOSED CONDITIONAL CORRECTED CONDITIONAL DESCRIPTION FINAL DEFICIENCY, FINAL DEFICIENCY, OF PROPERTY ASSESSMENT IF ANY ASSESSMENT IF ANY (None) - 2 - AHLERS, COONEY. DORWEILER. HAYNIE&SMITH. LAWYERS, DES MOINES. IOWA And , after full consideration, appraisement and apportion- ment of the special benefits conferred upon the properties shown in said schedule and plat of the said improvements, this Council finds that the said property is specially benefited by the said improvements in the amounts shown on said schedule; as herein corrected; and that the said amounts are in propor- tion to the special benefits conferred upon the properties by said improvements , and are not in excess of such benefits and are not in excess of 25% of the actual value of the lots, parts of lots and parcels of land shown in said schedule. BE IT FURTHER RESOLVED, that the said schedule of assessments and accompanying plat, be and the same are hereby approved and adopted; and that there be , and is hereby assessed and levied, as a special tax against and upon each of the lots , parts of lots and parcels of land, and the owner or owners thereof liable to assessment for the cost of said improvements, the respective sums expressed in figures set opposite to each of the same on account of the cost of the construction of the said improvements. Provided , further , that the amounts shown in said final schedule of assessments as deficiencies are found to be proper and are levied con- ditionally against the respective properties benefited by the improvements as shown in the schedule, subject to the provi- sions of Section 384. 63, Code of Iowa. Said assessments against said lots and parcels of land are hereby declared to be in proportion to the special benefits conferred upon said property by said improvements, and not in excess thereof, and not in excess of 25% of the value of the same. BE IT FURTHER RESOLVED, that said assessments of $50. 00 or more shall be payable in ten equal annual installments and shall bear interest at the rate of twelve per cent per annum, the maximum rate permitted by law, from the date of the accep- tance of the improvements; the first installment of each assessment, or total amount thereof, if it be less than $50. 00, with interest on the whole assessment from date of acceptance of the work by the Council , shall become due and payable on July 1, 1982; succeeding annual installments, with interest on the whole unpaid amount, shall respectively become due on July 1st annually thereafter, and shall be paid at the same time and in the same manner as the September semiannual payment of ordinary taxes . Said assessments shall be payable at the office of the Clerk, in full or in part and without interest within thirty days after the date of the cer- tification of the plat and schedule of assessments to the County Auditor of Black Hawk County, Iowa. BE IT FURTHER RESOLVED, that the Clerk be and is hereby directed to certify said final plat and schedule to the County Auditor of Black Hawk County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in - 3 - AHLERS, COONEY.DORWEILER.HAYNIE&SMITH.LAWYERS, DES MOINES, IOWA the "Waterloo Courier" , a newspaper printed wholly in the English language, published in Waterloo , Iowa, and of general circulation in Waterloo , Iowa, the first publication of said notice to be made within fifteen days from the date of the filing of said schedule with the County Auditor, the Clerk shall also send by certified mail to all property owners whose property is subject to assessment a copy of said notice, said mailing to be on or before the date of the second publication of the notice, all as provided and directed by Code Section 384. 60, Code of Iowa. BE IT FURTHER RESOLVED, that the Clerk is directed to cer- tify the deficiencies for lots specially benefited by the improvements , as shown in the final schedule of assessments, to the County Auditor for recording in the Special Assessment Deficiencies Book and to the city official charged with responsibility for the issuance of building permits. Said deficiencies are conditionally assessed to the respective pro- perties under Code Section 384. 63 for the amortization period specified by ordinance. The Clerk is authorized and directed to ascertain the amount of assessments remaining unpaid after the thirty day period against which improvement bonds may be issued and to proceed on behalf of the City with the sale of said bonds, to select a date for the sale thereof, to cause to be prepared such notice and sale information as may appear appropriate , to publish and distribute the same on behalf of the City and this Council and otherwise to take all action necessary to permit the sale of said bonds on a basis favorable to the City and acceptable to the Council. PASSED AND APPROVED this 5th day of October , 1981. Mayor , Leo P. Rooff ATTEST: er L ry P. Burger:'" • - 4 - AHLERS, COONEY. DORWEILER, HAYNIE&SMITH. LAWYERS, DES MOINES, IOWA CiG-3-1-79 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 28A, 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 12th day of ' October 19 81 - i2 � Iowa Clerk of he C ' y of � �a rloo , d t. SEAL AHLERS. COONEY. DORWEILER. HAYNIE&SMITH. LAWYERS, DES MOINES, IOWA CiSA-4 7-80 STATE OF IOWA SS COUNTY OF BLACK HAWK I , Larry P. Burger , Clerk of the City of Waterloo , Iowa, do hereby certify that on the day of , 19 81 , I deposited and mailed in the United States mails, by certified mail , at Waterloo , Iowa , properly stamped and addressed , a copy of the Notice of Filing of the Final Plat and Schedule of Assessments Against Benefited Properties , attached hereto covering certain recently completed and accepted street improvements in said City, as more particularly described in said Notice , to each and every property owner listed on the final plat and schedule of assessments referred to in._ said Notice , as shown by the latest available records in the office of the County Auditor, whose property is subject to assessment for said street improvements . If property 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 final 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 day of , 19 81 . SEAL f ` Clerk , arr - P. Bur er ( Attach to this certificate dupliofto copy of Notice to Property Owners, a ' mailed . ) AHLERS. COONEY, DORWEILER, HAYNIE&SMITH, LAWYERS, DES MOINES, IOWA STATE OF IOWA SS COUNTY OF BLACK HAWK ) I , Larry P. Burger , do hereby certify that I am now and was at the times 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 OF FILING FINAL PLAT AND SCHEDULE 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 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, and which is published in said (City) (Rm3cxand has a general circulation therein, and that said Notice was published in said newspaper in all of the issues thereof published and circulated on each of the following dates : , 1981 , 1981 WITNESS my official signature at Waterloo Iowa, this day of , 19 81 . Ci Clerk y P. Bur AHLERS, LOONEY, DOP FILER, HAYNIE & SMITH, LAWYERS, DES MOINES, IOWA