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HomeMy WebLinkAbout26754 RESOLUTION NO. 2 6 7 5 4 RESOLUTION APPROVING FINAL PLAT AND SCHEDULE OF ASSESSMENTS, ADOPTING AND LEVYING FINAL SCHEDULE OF ASSESSMENTS, AND PRO- VIDING FOR THE PAYMENT THEREOF, CONTRACT NO. 168. WHEREAS, the City of Waterloo, Iowa, and certain property owners of land located in said City, entered into petition and waiver agreements, dated Jan- uary 20, 1978, February 27 , 1978, and April 21, 1978, covering the construct- ion of certain public improvements, generally described as the Waterloo, Iowa, San Marnan Drive Paving, 1978 - Contract No. 168; and WHEREAS, the property owners who signed the petition and waiver agreements, hereinabove referred to, represented therein that they are all of the private property owners who would be benefited by the construction of said public im- provements; and WHEREAS, on November 6, 1978, said City, pursuant to said petition and waiver agreements, which agreements were filed in the office of the City Clerk, entered into a contract with Cedar Falls Construction Co. , Inc. , of Cedar Falls, Iowa, for the construction of said public improvements therein described ; and WHEREAS, said contractor has now fully completed the construction of said public improvements, in accordance with the plans, specifications and contract documents for said project , as shown in the certificate of the Engineer filed with the Clerk on December 17 , 1979; and , said work has been accepted by resolut- ion adopted on December 26, 1979; and WHEREAS, the Engineer has also prepared and filed on January 21, 1980, with the Clerk, a final plat and schedule of assessments showing the final assessments proposed to be levied and made for the cost of said construction work against benefited properties described in the petition and waiver agreements, and said assessments shown on said schedule seem to be proper assessments to be made for and on account of the cost of the construction of said public improvements; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: Section 1 . That said final plat and schedule of assessments, showing the final assessments to be made and levied against benefited properties for the cost of the construction of said public improvements, which plat and schedule are now on file in the Clerk' s Office, appears to be in proper form and said final plat and schedule of assessments are hereby approved and adopted . Section 2. That there be and there 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 said improvements; provided further that the amounts shown in said final schedule of assessments, as deficiencies, are found to be proper and are levied conditionally against the respective properties benefited by the improvements as shown in the schedule, subject to the provisions of Section 384.63 of the City Code of Iowa; and 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 excess thereof, and not in excess of 25% of the value of the same, subject and in accordance with all of the provisions and conditions of the petition and waiver agreement hereinabove re- ferred to. Section 3. That this Council hereby determines that , since petition and waiver agreements, covering the public improvements therein described , has been signed by all of the property owners benefited by the construction of said work, the usual legal requirements specified in Division IV of Chapter 384, City Code of Iowa, covering the publication and mailing of the notice of filing the final schedule of assessments and any and all other legal procedural steps may be waived and omitted as to this project . Section 4. That the Clerk be and is hereby directed to notify all of the pro- perty owners who signed the petition and waiver agreements, hereinabove referred to, that the final assessments will be certified over to the County Auditor of Black Hawk County, Iowa, on January 23, 1980, and that , after such certification, the property owners have a 30 day period to pay their assessments in full or in part and without interest at the office of the Clerk, in accordance with the pro- visions and conditions of Section 384.65 of the City Code of Iowa. Section 5. That the Clerk be and is hereby directed to certify said final. plat and schedule of assessments to the County Auditor of Black Hawk County, Iowa, as soon as practicable after the adoption of this resolution. - 2 - Section 6. That the Clerk be and is hereby directed to certify the deficien- cies for lots specially benefited by the improvements, as shown in the final sched.ule of assessments to the County Auditor for recording in the Special Assessment Deficiencies Book and to the city official charged with the responsibility for the issuance of building permits. Said deficiencies are conditionally assessed to the respective properties under Code Section 384. 63 for the amortization period speci- fied by ordinance. Section 7. The Clerk is authorized and directed to ascertain the amount of assessments remaining unpaid after the thirty day period against which improve- me nt 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 21st day of January, 1980. Leo P . Rooff, M y r. ATTEST: ov ' Tom Ca''•:ell, cting City Clerk.