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HomeMy WebLinkAbout26559-10.01.1979 Council Member Wtlharm introduced the fo owing resolution entitled "RESOLUTION OF NECESSITY 'OR THE 'WATE' 00, IOWA, SANS SOUCI DRIVE SANITARY SEWER PRO ' 4M, 1979 (CONTRA 4 NO. 192) ' , ORDERING CONSTRUCTION OF SAID 'ROJECT, APPROVING "ELIMINARY PLAT AND SCHEDULE OF ASSES: ENTS AND ESTIMATE OF ',ST, TENTATIVE APPROVAL OF PLANS SPECIFICATIONS, FORM OF CONTRA '. AND FINAL ESTIMATE OF COS , AND FIXING A DATE FOR A PUBLI .EARING ON FINAL ADOPTIe OF PLANS, SPECIFICATIONS, FOR' OF CONTRACT AND E ' MATE OF COST AND A DATE CONSTRUCTION BID GILL BE RECEI ° D FOR SAID PROJECT" , and moved that the same be a: • .ted. C• ncil Member Roehr seconded the motio' to - .opt . The roll was called and the vote was, AYES: Bowers, :urton, Dow - Roehr and Wilharm. •-naluna declined to vote • reason of possible conflict of interest under Se ion 362.6. 4 . yS: None, Absent : Getty. • , - - -&eela-r bite €allowing- Re3o1u-ti4 RESOLUTION NO. 26559 (CONTRACT NO. 192) RESOLUTION OF NECESSITY FOR THE "WATERLOO, IOWA, SANS SOUCI DRIVE SANITARY SEWER PROGRAM, 1979 (CONTRACT NO. 192) " , ORDERING CONSTRUCTION OF SAID PROJECT, APPROVING PRELIMINARY PLAT AND SCHEDULE OF ASSESSMENTS AND ESTIMATE OF COST, TENTATIVE APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND FINAL ESTIMATE OF COST, AND FIXING A DATE FOR A PUBLIC HEARING ON FINAL ADOPTION OF PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST AND A DATE CONSTRUCTION BIDS WILL BE RECEIVED FOR SAID PROJECT 4 AHLERS, GOONEY, DORWEILER, HAYNIE&SMITH, LAWYERS, DES MOINES, IOWA • WHEREAS, this Council deems it advisable and necessary that certain improvements and extensions to the municipal sanitary sewer system of said City, together with miscella- neous related work, generally described as the "Waterloo, Iowa, Sans Souci Drive Sanitary Sewer Program, 1979 (Contract No. 192) " , be constructed within the City of Waterloo, Iowa, which improvements are more particularly described in detail hereafter; and WHEREAS, it is proposed that said improvements be constructed under the authority granted in Division IV of the City Code of Iowa; and WHEREAS, petition and waiver agreements relating to said proposed improvements have been signed by all of the property owners to be benefited by the construction of said work and said petition and waiver agreements have been officially filed in the office of the City Clerk and by resolution adopted by the Council, approved and accepted for and on behalf of said City; and WHEREAS, pursuant to the terms of the petition and waiver agreements, the benefited property owners have waived any and all legal requirements covering the construction of said improvements and the normal special assessment procedure to be followed for a project of this type, and have requested therein that the City proceed with the letting of the construction contract and the construction of the work at the earliest possible date; and WHEREAS, the City Engineer of Waterloo, Iowa, has caused to be prepared a preliminary plat and schedule of assessments and estimate of cost and also plans , specifications, form of contract and other contract documents for said project, which items have been examined by this Council and are deemed suitable for the purpose intended and are now officially on file in the office of the Clerk for public inspection; and WHEREAS, before said work, covered by the petition and waiver agreements, may be contracted for and said plans, speci- fications, form of contract and estimate of cost finally 5 AHLERS, COONEY, DORWEILER, HAYNIE&SMITH, LAWYERS, DES MOINES, IOWA adopted, it is necessary to hold a public hearing thereon and a public letting for the taking of construction bids: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: Section 1 . That the petition and waiver agreements, hereinabove referred to, were approved and accepted for and on behalf of the City by resolution of the City Council adopted on October 1 , 1979. Section 2. That this Council hereby determines that it is necessary and advisable to construct certain improvements and extensions to the municipal sanitary sewer system of said City, together with miscellaneous related work, generally described as the "Waterloo, Iowa, Sans Souci Drive Sanitary Sewer Program, 1979 (Contract No. 192) " , and as described in further detail hereafter in Section 3 of this resolution, and also as set forth in the plans, specifications and other contract documents above referred to. Section 3. That said proposed improvements to be constructed are described as follows: "WATERLOO, IOWA, SANS SOUCI DRIVE SANITARY SEWER PROGRAM, 1979 (CONTRACT NO. 192) " Construction of sanitary sewer improvements in San Souci Drive, generally from W. Conger Street to the northwest. The proposed improve- ments to be constructed are described as follows : Section I. Eight (8 ) inch sanitary sewer and such other work as may be incidental thereon on Sans Souci Drive, generally from W. Conger Street to the northwest. Section II . Lift station, force main and such other work as may be incidental thereto on Sans Souci Drive. Section 4. That the proposed assessment district to be benefited and subject to assessment, is set out in the pre- 6 AHLERS, COONEY, DORWEILER, HAYNIE&SMITH, LAWYERS, DES MOINES, IOWA liminary plat and schedule of assessments hereinabove referred to. Section 5. That said preliminary plat and schedule of assessments and estimate of costs, hereinabove mentioned, are hereby adopted and approved as the proposed plat and schedule and estimate of cost for this project. Section 6. That the cost of the improvements will be assessed to the properties within the boundaries of the assessment district, pursuant to the terms of the petition and waiver agreements . Section 7. That, if any difference remains between the amount which is derived from cash payments made by property owners after the assessments are levied and the proceeds to be received from the sale of special assessment bonds issued against any unpaid assessments and the total cost of said improvement project, such difference shall be paid for from the proceeds to be derived from the issuance and sale of general obligation bonds of said City and/or from such other funds of said City as may be legally used for such purposes . Section 8 . That the action of this Council in this reso- lution shall constitute the action the Council would normally take in adopting a preliminary resolution ordering construc- tion of said project, approving the preliminary plat and sche- dule of assessments and estimate of costs, introducing and adopting a resolution of necessity, ordering preparation of detailed plans, specifications, contract documents, and esti- mate of cost, and any and all other preliminary Council action on a special assessment project. Section 9. That the amount of the security to each bid shall be in the amount of not less than po than 1070 the provisions of Section 384. 98 of said Code, which bid of the bid security shall conform to the provisions of the Notice to submitted, Bidders hereby approved. Section 10. That the Clerk be and is hereby directed to publish a combined notice of hearing on plans, specifications, 7 AHLERS. GOONEY, DORWEILER, HAYNIE&SMITH. LAWYERS, DES MOINES, IOWA form of contract and estimate of cost and notice to bidders once in the Waterloo Courier , a legal newspaper, printed wholly in the English language, published at least once weekly and having general circulation in this City. Publication shall be not less than four clear days nor more than twenty days prior to October 15 , 1979, which latter date is hereby fixed as the date for receiving bids. Said bids are to be filed prior to 4:00 o' clock p .M. , on said date. Section 11 . That the Clerk be and is hereby directed to publish notice of hearing once in said newspaper, said publi- cation to be not less than four clear days nor more than twenty days prior to the date hereinafter fixed as the date for a public hearing on the plans, specifications, form of contract and estimate of costs for said project. Section 12. That this Council meet in the Council Chambers in the City Hall at 7 :00 o' clock P. M. , on October 15 , 1979, for the purpose of conducting a public hearing on plans, specifications, form of contract and esti- mate of costs for said improvements and for the purpose of acting on the bids to be received for the construction thereof in accordance with the Notice to Bidders to be published as herein provided. PASSED AND APPROVED this 1st day of October , 1979. Mayor ATTEST: Clerk 8 AHLERS, COONEY, DORWEILER, HAYNIE&SMITH, LAWYERS, DES MOINES, IOWA