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HomeMy WebLinkAbout1981-116-03.16.1988 Roehr introduced the following Resolution entitled "RESOLUTION OF NECESSITY", and moved its adoption. Bowers seconded the motion to adopt. The roll was called and the vote was, AYES: Bowers , Burton, Dowie, Getty Penaluna, Roehr, and Wilharm NAYS: none Whereupon, the Mayor declared the resolution duly adopted as follows : Res . No . 1981-116 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 (Contract No. 213 ) , 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 (Contract No. 213) , 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. 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 6 day of April , 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: - 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. 1981 Paving Program (Contract No. 213 ) , of the types and in the location as follows : WATERLOO, IOWA, F.Y. 1981 PAVING PROGRAM (CONTRACT NO. 213 ) Street improvements consisting of six (6 ) inch thick non- reinforced portland cement concrete pavement with integral curb, new or renewed water services, new sanitary sewer ser- vices and such other work as may be incidental thereto, along the following streets, avenues, drives and roads, etc. : HARTMAN AVENUE, from Ansborough Avenue to Magnolia Parkway including one-half intersections at Dundee Avenue (South) and Dundee Avenue (North) . Said improvement to be approximately twenty-eight (28) feet wide. UPTON AVENUE, from Dundee Avenue to Evergreen Avenue including one-half intersections at Dundee Avenue, Kirkwood Avenue (South) , Kirkwood Avenue (North) , and Evergreen Avenue. Said improvement to be approximately twenty-eight (28) feet wide. Street improvements consisting of two (2 ) inch thick asphaltic cement concrete surface course and four (4) inch thick asphalt treated base between existing curb and gutter, new and renewed water services, new sanitary sewer services and such other work as may be incidental thereto, along the following streets, avenues, drives and roads, etc. : LINCOLN STREET, from Dawson Street to Parker Street, including a full intersection at Kern Street and a partial intersection at Parker Street. ' Said improvement to be approximately twenty-seven (27) feet wide. REED STREET, from Dawson Street to Parker Street, including full intersections at Dawson Street and Kern Street and a par- tial intersection at Parker Street. Said improvement to be approximately twenty-seven (27 ) feet wide. - 11 - AHLERS, GOONEY, DORWEILER, HAYNIE&SMITH, LAWYERS, DES MOINES, IOWA KERN STREET, from Columbia Street to Cutler Street. Said improvements to be approximately twenty-seven (27) feet wide. ASSESSMENT METHOD AND COST All streets, avenues and roads 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. All sidewalk approach walks on streets without existing curb and gutter shall be removed as part of the non-assessable costs . Replacement of said approach walks is the respon- sibility of the property owner. If desired by the property owner, replacement of said walks may be done by Waiver of Assessment of actual costs . 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 proposed permanent improvemnts described above. Affected property owners receive an additional proposed assessment notice for this work entitled "Underground Portion of F.Y. 1981 Paving Program Contract No. 213" . 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 April 7 , 19 81 , but before May 6 - 12 - AHLERS, COONEY, DORWEILER, HAYNIE&SMITH, LAWYERS, DES MOINES, IOWA 19 $1 , with said work to be completed by May 13 19 81 - 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, avenues, roads or alleys 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. 1981 Paving Program (Contract No. 213) ) The Council will meet at 7 : 00 o' clock p .M. , on the 6 _ day of April , 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. /' s' "r, Cle . , Warloo, Iowa, / (END OF NOTICE) - 13 - AHLERS, GOONEY, DORWEILER, HAYNIE&SMITH, LAWYERS, DES MOINES, IOWA APPROVED AND PROPOSED at a meeting held on the 16 day of March , 1981 . ''' ,e,e)---P,'611( Mayor Leo P. Rooff ATTEST: ..a Clerl� Lamy P,. 'Burger / ' - 14 - AHLERS, COONEY, DORWEILER, HAYNIE&SMITH, LAWYERS, DES MOINES, IOWA