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Home My WebLink About1986-105-02.24.1986 (2.) • C?r COPY (Contract No. 262 ) (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Waterloo, Iowa. Date of Meeting: February 24 , 1986. Time of Meeting: 7:00 o' clock P. M. Place of Meeting: Council Chambers, City Hall , 715 Mulberry Street, Waterloo, Iowa. PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned governmental body will meet at the date, time and place above set out. The tentative agenda for said meeting is as follows : Resolution in connection with the Waterloo, Iowa, F. Y. 1984 Lowder Road Area Sanitary Sewer Project, Phase II (Contract No. 262 ) . - Resolution adopting and levying final schedule of assessments. Such additional matters as are set forth on the addi- tional pages(s) attached hereto. ( number) This notice is given at the direction of the Mayor pursuant to Chapter 21 , Code of Iowa, and the local rules of said governmental body. C e , erloo, I a Pv urger Ahlers,Cooney,Dorweiler,Haynie,Smith&Allbee,lawyers,Des Moines,Iowa (Contract No. 262 ) February 24 , 1986 The City Council of Waterloo, Iowa, met in regular session, in the Council Chambers, City Hall , 715 Mulberry Street, Waterloo, Iowa, at 7:00 o' clock P.M. , on the above date. There were present Mayor Bernie Mc Kinley , in the chair, and the following named Council Members: Mary Lichty Willie Mae Wright Jim Miller Fr ankuD wi e o Jack L. Seeber Rose Angel Absent: * * * * * * * - 1 — Ahlers,Cooney,Dorweiler,Haynie,Smith&Allbee,lawyers,Des Moines,Iowa Council Member Jack Seeber introduced the following Resolution entitled "RESOLUTION ADOPTING AND LEVYING FINAL SCHEDULE OF ASSESSMENTS, AND PROVIDING FOR THE PAYMENT THEREOF" and moved its adoption. Council Member Frank Dowie seconded the motion to adopt. The roll was called and the vote was, AYES: Mary Lichty Willie Mae Wright Jim Miller Tony Budak Jack Seeber Frank Dowie Rose Angel ABSENT: NAYS: Whereupon the Mayor declared the following Resolution duly adopted as follows: RES. NO. 1986- 105 (CONTRACT NO. 262 ) RESOLUTION ADOPTING AND LEVYING FINAL SCHEDULE OF ASSESSMENTS , AND PROVIDING FOR THE PAYMENT THEREOF BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That after full consideration of the final schedule of assessments and accompanying plat showing the assessments pro- posed to be made for the construction of the Waterloo, Iowa, F.Y. 1984 Lowder Road Area Sanitary Sewer Project, Phase II (Contract No. 262 ) , within the City, under contract with RWF Construction Inc. of Council Bluffs , Iowa, which final plat and schedule was filed in the office of the Clerk on the 2Qth day of February , 1986; said assessments are hereby corrected by making the following changes and reduc- tions: NAME OF PROPOSED CORRECTED PROPERTY FINAL FINAL OWNER AND PROPOSED CONDITIONAL CORRECTED CONDITIONAL DESCRIPTION FINAL DEFICIENCY, FINAL DEFICIENCY, OF PROPERTY ASSESSMENT IF ANY ASSESSMENT IF ANY -NONE- Ahlers,Cooney,Dorweiler,Haynie,Smith&Allbee,lawyers,Des Moines,Iowa - 2 - BE IT FURTHER RESOLVED, that the said schedule of assessments and accompanying plat, be and the same are hereby approved and adopted; and that there be , and 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 the 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 respec- tive properties benefited by the improvements as shown in the schedule, subject to the provisions of Section 384. 63, Code of Iowa. 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 in excess thereof, and not in excess of 25% of the value of the same. BE IT FURTHER RESOLVED, that said assessments of $50. 00 or more shall be payable in ten equal annual installments and shall bear interest at the rate of twelve per cent per annum, the maximum rate permitted by law, from the date of the accep- tance of the improvements; the first installment of each assessment, or total amount thereof, if it be less than $50. 00, with interest on the whole assessment from date of acceptance of the work by the Council, shall become due and payable on July 1, 1986 ; succeeding annual installments , with interest on the whole unpaid amount, shall respectively become due on July 1st annually thereafter, and shall be paid at the same time and in the same manner as the September semiannual payment of ordinary taxes. Said assessments shall be payable at the office of the City Clerk, in full or in part and without interest within thirty days after the date of the first publi- cation of the notice of the filing of the final plat and sche- dule of assessments to the County Treasurer of Black Hawk County, Iowa. BE IT FURTHER RESOLVED, that the Clerk be and is hereby directed to certify said final plat and schedule to the County Treasurer of Black Hawk County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the "Waterloo Courier" , a newspaper printed wholly in the English language, published in Waterloo, Iowa, and of general circulation in Waterloo, Iowa, the first publication of said notice to be made within fifteen days from the date of the filing of said schedule with the County Treasurer, the Clerk shall also send by certified mail to all property owners whose - 3 - Ahlers,Cooney,Dorweiler,Haynie,Smith&Allbee,lawyers,Des Moines,Iowa property is subject to assessment a copy of said notice, said mailing to be on or before the date of the second publication of the notice, all as provided and directed by Code Section 384 . 60, Code of Iowa. BE IT FURTHER RESOLVED, that the Clerk is directed to cer- tify the deficiencies for lots specially benefited by the improvements, as shown in the final schedule of assessments, to the County Treasurer for recording in the Special Assessment Deficiencies Book and to the city official charged with respon- sibility for the issuance of building permits. Said deficien- cies are conditionally assessed to the respective properties under Code Section 384. 63 for the amortization period specified by law. The Clerk is authorized and directed to ascertain the amount of assessments remaining unpaid after the thirty day period against which improvement 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 24th day of February , 1986. fia or e nre Mcin ey ATTEST: 1 r Larry P, Bu ger - 4 - Ahlers,Cooney,Dorweiler,Haynie,Smith&Allbee,Lawyers,Des Moines,Iowa Re: WATERLOO, IOWA, F.Y. 1984 LOWDER ROAD AREA SANITARY SEWER PROJECT, PHASE II (CONTRACT NO. 262 ) CERTIFICATE STATE OF IOWA ) SS COUNTY OF BLACK HAWK ) I , the undersigned City Clerk of Waterloo, Iowa, do hereby certify that attached is a true and complete copy of the por- tion of the corporate records of said Municipality showing proceedings of the Council , and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that pur- pose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21 , Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the com- mencement of the meeting as required by said law and with mem- bers of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this 26th day of February , 1986 . el- C "r Wat oo Y , , Iowa L rr . Burge SEAL / Ahlers,Cooney,Dorweiler,Haynie,Smith&Allbee,lawyers,Des Moines,Iowa