Loading...
HomeMy WebLinkAbout1981-432-08.24.1981 Del Bowers introduced the following Resolution entitled "RESOLUTION OF NECESSITY" , and moved its adoption. Frank Dowie 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. 1981-432 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. 1981 Paving Program No . 2 (Contract No . 219 ) , 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. 1981 Paving Program No . 2 (Contract No . 219) , 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. - 10 - AHLERS, COONEY, DORWEILER, HAYNIE&SMITH, LAWYERS, DES MOINES, IOWA Costs of said improvements will be assessed to the proper- ties 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 14th day of Sept mbPr , 1981, 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: - 11 - 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. 1981 Paving Program No . 2 (Contract No . 219 ) , of the types and in the location as follows : WATERLOO, IOWA, F.Y. 1981 PAVING PROGRAM NO. 2 (CONTRACT NO. 219 ) Street improvements consisting of six ( 6 ) inch thick non- reinforced portland cement concrete pavement with integral curb, single and double wide driveway approaches, new water services, and such other work as may be incidental thereto , along the following streets, drives, lanes and circles : SECTION I : WINGHAVEN DRIVE from W. Fourth Street to approximately 564 feet south of the centerline of Teton Drive. Said improve- ments to be approximately twenty-eight ( 28 ) feet wide. COUNTRY LANE from Winghaven Drive to approximately 127 feet southwest of the centerline of William Drive. Said improve- ments to be approximately twenty-five (25 ) feet wide . CLOVER LANE from Country Lane to Mary Ellen Drive. Said improvements to be approximately twenty-five (25 ) feet wide. WILLIAM DRIVE from W. Fourth Street to Mary Ellen Drive. Said improvements to be approximately twenty-five (25 ) feet wide. WEST FOURTH STREET from approximately 133 feet northeast to approximately 67 feet southwest of the centerline of Winghaven Drive. Said improvements to be approximately twenty-four ( 24 ) feet wide. TETON DRIVE from Winghaven Drive to approximately 97. 5 feet east of the centerline of Winghaven Drive. Said improvements to be approximately thirty-one (31 ) feet wide. - 12 - AHLERS, GOONEY. DORWEILER, HAYNIE&SMITH.LAWYERS. DES MOINES. IOWA Street improvements consisting of six (6) inch thick non- reinforced portland cement concrete curb and gutter, new water services, and such other work as may be incidental thereto , along the following drive: MARY ELLEN DRIVE from William Drive to Clover Lane. Said improvements to be curb and gutter on the north side approxi- mately thirty (30 ) inches wide. SECTION II : Street improvements consisting of six (6 ) inch thick non- reinforced portland cement concrete pavement with integral curb, single and double wide driveway approaches, new water services, and such other work as may be incidental thereto , along the following circle: KIMPSTON CIRCLE from W. Fourth Street to Cul-De-Sac . Said improvements to be approximately twenty-five (25 ) feet wide. ASSESSMENT METHOD AND COST Assessment of cost is determined as follows : Intersection costs are assessed by lot area, pro-rated and frontage. Cost is determined and assessed per individual street or portion thereof. The cost of new water services shall be assessed at the actual cost of having the work done which may be less or greater than the proposed amount. NEW WATER SERVICES The City Council has ordered the connections from water be made to the property line of the abutting or adjacent property, as part of the proposed permanent improvements described above. Affected property owners receive an addi- tional proposed assessment notice for this work entitled "Underground Portion of F.Y. 1981 Paving Program No . 2 -Contract No . 219" . 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 water services to property served from the above streets and cross streets within the limits of the proposed improvements must be taken out after Sept. 15 , - 13 - AHLERS, GOONEY, DORWEILER,HAYNIE&SMITH, LAWYERS, DES MOINES, IOWA 19 81 , but before Oct. 15 , 1981 , with said work to be completed by Oct. 21 , 1981 . All new 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 : WATERLOO, IOWA, F.Y. 1981 PAVING PROGRAM NO. 2 (CONTRACT NO. 219 ) 1st Addition to Klingaman Knolls Lots 20 to 45, inclusive Klingaman Knolls Lots 1 to 3, inclusive Lot 4 & Ease Lots 5 and 6 All Lot 7 exc N 25 ft . Lots 8 to 19, inclusive. Kimpston Subdivision Lots 2, 3, 6, 7 and 11 E 276. 95 ft . Lot 12 Part Lot 13 beg at SE Cor. of said Lot 13 & Runn. th. W along S Line of said Lot 13 & a westward proj A total dis of 215 ft . th at rt ang N to pt of inter with N Line to NE Cor. of said Lot 13 th E along said N Line to NE Cor. of said Lot 13 th S & Sly along E Line of said Lot 13 to pt of beg part E 1/2 Lots 14 to 17, incl . Lot 18 exc com at Nly Cor. th SWly along NWly Line said lot a dist of 128 ft. th SEly to a pt on Ely Line said Lot 180 ft. S of NEly cor said Lot th N along Ely Line to NEly Cor. th NWly to pt of beg Lot 19 - 14 - AHLERS. COONEY.DORWEILER,HAYNIE&SMITH. LAWYERS, DES MOINES, IOWA Klingaman Park Addition Lots 8 and 9 Unplatted Waterloo West part of SE 1/4 Sec 7 T 88 R 13 beg at SW Cor . Lot 14 Kimpston Sub th E along S Line said Lot 14 & ext thereof to E Line said Sec th S along E Line 185 ft. th W to E Line Winghaven Dr . th NEly along Ely Line Winghaven Dr. to pt of beg exc N 100 ft . E 183 ft. thereof Sec . 7 T 88 R 13 Young Development Com at a pt 185 ' S of SE Cor . Lot 3 Davis Subdivision th W par S Line Davis Sub & ext thereof to Ely Line Winghaven Dr . th Sly along Ely Line Winghaven Dr . to a pt that is 1043. 2 ' N of S Line Sec . 7 T 88 R 13 th due E to E Line Hoff Rd . th N to pt of beg exc that part platted as Klingaman Park Addition Sec . 7 T 88 R 13 The Council will meet at 7: 00 o 'clock P .M. , on the 14 day of September , 1981, 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. Clerk, Waterloo , Iowa Larry P. Burger (END OF NOTICE) - 15 - AHLERS. GOONEY,DORWEILER,HAYNIE&SMITH.LAWYERS. DES MOINES, IOWA