HomeMy WebLinkAbout2023-525-08.21.2023Prepared by LeAnn M. Even, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo,
IA 50703, 319-291-4323.
RESOLUTION NO. 2023-525
RESOLUTION OF NECESSITY AND SETTING DATE OF
HEARING AS SEPTEMBER 18, 2023, IN CONJUNCTION
WITH THE FY 2024 SIDEWALK REPAIR ASSESSMENT
PROGRAM - ZONE 3, CONTRACT NO. 1082.
WHEREAS, preliminary plans and specifications, plat, schedule, and estimate of cost are
now on file in the office of the City 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 FY 2024 Sidewalk Repair Assessment Program - Zone 3,
Contract No. 1082, as hereinafter described, in Waterloo, Iowa:
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
WATERLOO, IOWA AS FOLLOWS:
That it is deemed desirable, advisable, and necessary to construct as a single improvement
the Waterloo, Iowa, FY 2024 Sidewalk Repair Assessment Program - Zone 3, Contract No. 1082,
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.
Said improvements within said District are located and described in the following "Notice
to Property Owners", set out in this Resolution.
The method of construction shall be by contract.
Costs of said improvements will be assessed to the properties within the boundaries of the
District. No property shall be assessed more than it is benefited by the improvements, nor more
than 25 percent of its value on the date of its assessment. Said assessment may include a ten
percent Default and Deficiency Fund, as authorized by Iowa State Code Section 384.44.
A plat schedule and estimate of costs are now on file in the office of the City 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, Iowa State Code, and/or from such other funds of said Municipality as may be legally
sued for such purpose.
BE IT FURTHER RESOLVED, that this Council meet at 5:30 o'clock P.M., on the 18th
day of September 2023, in Harold E. Getty Council Chambers, City Hall, in the City of Waterloo,
Iowa, for the purpose of hearing property owners subject to assessment and interested properties
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, he
shall be deemed to have waived all objections pertaining to the regularity of the proceedings and
the legality of using special assessment procedures.
BE IT FURTHER RESOLVED, that the City 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
Resolution No. 2023-525
Page 2
following form:
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 the District as approved by the Council of Waterloo, Iowa, for a
sidewalk improvement, designated the Waterloo, Iowa, FY 2024 Sidewalk Repair Assessment
Program - Zone 3, Contract No. 1082, of the type and in the location as follows:
WATERLOO, IOWA, FY 2024 Sidewalk Repair Assessment Program - Zone 3, Contract
No. 1082.
Construction of municipal sidewalk repair work, together with necessary related work, at
various locations throughout the City. The exact locations are set out in detail in the preliminary
assessment plat on file in the office of the City Clerk and said plat by this reference is made a
part hereof.
That the proposed District to be benefited and subject to assessment for the cost of such
improvements is described as follows:
All properties, any part of which is included within the areas located along the streets and
avenues to be improved and generally described so as to include all privately owned and
assessable property abutting the sidewalks to be repaired, as more particularly shown on the
assessment plat on file in the City Clerk's Office. (Waterloo, Iowa, FY 2024 Sidewalk Repair
Assessment Program - Zone 3, Contract No. 1082).
The Council will meet at 5:30 o'clock P.M., on the 18th day of September 2023, in Harold
E. Getty Council Chambers, City Hall, in the City of 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
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 the authority of the Council of the City of Waterloo, Iowa.
PASSED AND ADOPTED this 21st day of August 2023.
ATTEST:
Kelley Felchle
Kelley Felchle, City Clerk
SEAL
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SIGNED
Kelley Felchle, City Clerk
621,tettart 9 r
Quentin Hart, Mayor