HomeMy WebLinkAbout26231-03.19.1979 Reso . tion entitled "RESOLUTION OF NECESSITY" and moved t it
be prop. -d. Council Member seconded e
motion. T - matter was discussed and the roll bein. called,
the vote was,
AYES :
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- • • ' • • . • - •- - i 1 t-.L o'ducc ed a-rrd ope sc A as f o-laws:
RESOLUTION NO. 2 6 2 3 1
( CONTRACT #16 6) F.Y/ 1979 Paving Program #1)
RESOLUTION OF NECE SITY
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 impro-
vements, 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.
1979 Paving Program No. 1, Contract #166" , 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 the "Waterloo, Iowa, F.Y. 1979 Paving Program No. 1 ,
Contract #166" , 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.
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AHLERS, GOONEY, DORWEILER, HAYNIE&SMITH, LAWYERS, DES MOINES, IOWA
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
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 Street Improvement Bonds
issued against assessments on benefited properties and the
total cost of the improvements, shall be paid for from the pro-
ceeds 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 pur-
pose.
BE IT FURTHER RESOLVED, that this Council meet at 7:00 _
o 'clock p M. , on the 9th day of a.l , 1979, in the
Council Chambers in the City Hall, for t e .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 property 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 substantially the following
form:
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AHLERS, COONEY, DORWEILER, HAYNIE&SMITH, LAWYERS, DES MOINES, IOWA
(Two publications required)
(CONTRACT #166)
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 estimate of costs
and plat and schedule showing the amounts proposed to be
assessed against each lot and the valuation thereof within
a district as approved by the Council of Waterloo, Iowa, for a
street improvement, designated as the "Waterloo, Iowa, F.Y.
1979 Paving Program No. 1, Contract #166" , of the types and in
the location as follows:
WATERLOO, IOWA. F.Y. 1979 PAVING PROGRAM NO. 1, CONTRACT #166
Street improvements consisting of six (6 ) inch thick non-
reinforced portland cement concrete pavement with integral
curb, new water services , and such other work as may be inci-
dental thereto, along the following streets , avenues, drives
and roads , etc. :
CEDAR TERRACE DRIVE, from Foulk Road to East Shaulis Road.
Said improvement to be approximately thirty-one (31) feet
wide.
FOULK ROAD, from North Avenue to East Shaulis Road, including
a one-half intersection at North Avenue, Cedar Terrace Drive,
and Suburban Drive. Said improvement to be approximately
thirty-one ( 31) feet wide.
BETHEL STREET, from approximately three hundred twenty ( 320 )
feet to seven hundred thirty ( 730 ) feet south of centerline of
Ridgeway Avenue, including a one-half intersection at Oleson
Road. Said improvement to be approximately thirty-one (31)
feet wide.
FLAMMANG DRIVE, from Hammond Avenue to approximately four
hundred thirty-five (435) feet east of the centerline of
Hammond Avenue. Said improvement to be approximately thirty-
one (31) feet wide.
Street improvements consisting of thirty ( 30) inch wide
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AHLERS, COONEY, DORWEILER, HAYNIE&SMITH, LAWYERS, DES MOINES, IOWA
portland cement concrete curb and gutter with four (4 ) inch
thick asphalt cement pavement, new water services and such
other work as may be incidental thereto, along the following
streets, avenues, drives, and roads , etc.
SUBURBAN DRIVE, from Foulk Road to Cul-de-sac, including a
one-half intersection at Tucson Drive. Said improvement to be
approximately twenty-five (25) feet wide.
Street improvements consisting of four (4 ) inch thick asphalt
cement pavement, new water services, and such other work as
may be incidental thereto, along the following streets, ave-
nues, drives, and roads, etc.
NORTH AVENUE, from Foulk Road to East City Limits , including a
one-half intersection at Tucson Avenue. Said improvement to
be approximately twenty-five (25) feet wide.
TUCSON DRIVE, from North Avenue to Suburban Drive, including a
one-half intersection at Chico Drive. Said improvement to be
approximately twenty-five ( 25) feet wide.
CHICO DRIVE, from Tucson Drive to Cul-de-sac. Said improve-
ment to be approximately twenty-five ( 25) feet wide.
Assessment Method and Cost
All streets, avenues, and roads being assessed will be
assessed for six (6 ) inch thickness, including incidentals,
and for twenty-five ( 25) feet of width or for actual width of
pavement, whichever is less . The balance of the costs for
greater width and thickness will be paid for from applicable
City funds .
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.
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AHLERS, COONEY, DORWEILER, HAYNIE&SMITH, LAWYERS, DES MOINES, IOWA
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.
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 property
line of the abutting or adjacent property, as part of the pro-
posed permanent improvements described above. Affected pro-
perty owners receive an additional proposed assessment notice
for this work entitled "Underground Portion of F.Y. 1979
Paving Program No. 1, 166" .
The property owner has the option to complete the necessary
work by contracting a plumber of his choice within thirty
( 30) days after the date of hearing on the Proposed Resolution
of Necessity.
All permits for said new or renewed water and sewer services
to property served from the above streets or cross streets
within the limits of the proposed improvements must be taken
out after _Apra9 , 19 79 , but before
19 79 , with said work to be completed by
19 • All new and renewed connections shall ber 'o�ttructed
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. 1979 PAVING PROGRAM NO. 1, CONTRACT #166
All abutting and adjacent property to the
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AHLERS, GOONEY, DORWEILER, HAYNIE&SMITH, LAWYERS, DES MOINES, IOWA
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.
The Council will meet at - 7:00 _ o 'clock p NI. , on the
9th day of April , 1979 , at the Council Chambers in the
City Hall, Waterloo, Iowa, at which time the owners of property
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 boun-
daries 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.
Katherine Gibbs
Clerk of the City of Waterloo,
Iowa
( END OF NOTICE)
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AHLERS, GOONEY, DORWEILER, HAYNIE&SMITH. LAWYERS, DES MOINES, IOWA
APPROVED AND PROPOSED at a meeting held on the 19th
day of March 1979.
Mayor _----�
ATTEST:
Clerk
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AHLERS, GOONEY, DORWEILER, HAYNIE&SMITH, LAWYERS, DES MOINES, IOWA