HomeMy WebLinkAbout1986-410-07.07.1986 Willie Mae Wright introduced the following
Resolution entitled "RESOLUTION OF NECESSITY (PROPOSED)" , and
moved its adoption. Rose Angel seconded the motion
to adopt. The roll was called and the vote was,
AYES: Frank Dowie III , Rose Angel , Willie Mae Wright ,
Mary Lichty, Jim Miller
ABSENT: Jack Seeber, Tony Budak
NAYS :
Whereupon, the Mayor declared the resolution duly adopted
as follows : RESOLUTION NO. 1986-410
(CONTRACT NO. 298)
RESOLUTION OF NECESSITY (PROPOSED)
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. 1987
Paving Program (Contract No. 298) , 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 as a single improvement the Waterloo, Iowa, F .Y. 1987
Paving Program (Contract No. 298) , 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.
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Ahlers,Cooney,Dorweiler,Haynie,Smith&AIlbee,Lawyers,Des Moines,Iowa
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 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, City Code of Iowa, and/or from such other funds
of said Municipality as may be legally used for such purpose.
BE IT FURTHER RESOLVED, that this Council meet at 7 : 00
o ' clock P .M. , on the 28th day of July , 1986, in
the Council Chambers, City Hall, 715 Mulberry Street, for the
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, he shall be deemed to have
waived all objections pertaining to the regularity of the pro-
ceedings and the legality of using special assessment proce-
dure.
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&Allbee,Lawyers,Des Moines,Iowa
(Two publications required)
(CONTRACT NO. 298)
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
street improvement, designated as the Waterloo, Iowa, F .Y. 1987
Paving Program (Contract No. 298) , of the types and in the
location as follows :
WATERLOO, IOWA, F.Y. 1987 PAVING PROGRAM (CONTRACT NO. 298)
SCOPE OF WORK
The extent of the work involved is the construction of street
and sewer improvements in, along , and upon portions of certain
avenues, and such other work as may be incidental thereto,
along and upon the following avenues:
Street improvements consisting of either six (6 ) inch thick
non-reinforced portland cement concrete pavement with integral
curb or seven and one-half ( 7-1/2 ) inch thick asphaltic cement
concrete pavement with 2 ' 0" portland cement concrete curb and
gutter, new or renewed water services, new or renewed sanitary
sewer services, storm sewer, and such other work as may be
incidental thereto:
EVERGREEN AVENUE, from Bismark Avenue to Upton Street,
including the intersection at Stratford Avenue. Said
improvement shall be approximately twenty-eight ( 28)
feet wide.
Street improvements consisting of either six ( 6) inch thick
non-reinforced portland cement concrete pavement or seven and
one-half ( 7-1/2 ) inch thick asphaltic cement concrete pavement
(all between existing curb and gutter) , new or renewed water
services, new or renewed sanitary sewer services, and such
other work as may be incidental thereto:
BOSTON AVENUE, from Arlington Street, then North approxi-
mately six hundred (600) feet to the existing railroad
tracks. Said improvement shall be approximately twenty-
seven ( 27) feet wide not including the existing curb and
gutter section.
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Ahiers,Cooney,Dorweiler,Haynie,Smith&Allbee,Lawyers,Des Moines,Iowa
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 avenues to be improved and generally
described so as to include one-half of
the privately owned and assessable
property between each such avenue to
be improved and the next avenue, as
is more particularly shown on the
assessment plat on file in the City
Clerk ' s Office. In no case shall
property entirely situated more than
300 feet from the avenues to be improved
be assessed.
The Council will meet at 7 : 00 o ' clock P .M. , on the
28thday of July , 1986, at the Council Chambers, City
Hall, 715 Mulberry Street, 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 authority of the Council of the
City of Waterloo, Iowa.
Clerk -, Wa error' rrowa ,.
Michelle Temeyer
(END OF NOTICE)
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Ahlers,Cooney,Dorweiler,Haynie,Smith&Allbee,Lawyers,Des Moines,Iowa
INTRODUCED AND PROPOSED at a meeting held on the 7th day
of July , 1986.
c � hit-
447
Mayor , Bernard McKinle
ATTEST:
Clem , ichelle T Y
erre er
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Ahlers,Cooney,Dorweiler,Haynie,Smith&Allbee,Lawyers,Des Moines,Iowa
•
•
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 pro-
ceedings 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 attach-
ment, 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 purpose at the prin-
cipal 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 commencement of the meeting as
required by said law and with members 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 pro-
ceedings, 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 indivi-
duals named therein as officers to their respective positions.
WITNESS my hand and the seal of said Municipality hereto
affixed this 7th day of July , 1986.
Ci tlerk , Wate oo, Iowa
Michelle Temeyer
SEAL
Ahlers,Cooney,Dorweiler,Haynie,Smith&Allbee,lawyers,Des Moines,Iowa
•
RE: WATERLOO, IOWA, F.Y. 1987 PAVING PROGRAM (CONTRACT NO. 298)
STATE OF IOWA )
SS
COUNTY OF BLACK HAWK )
I, the undersigned, Clerk of the City of Waterloo, Iowa, do
hereby certify that on the 10th day of July ,
1986, I deposited and mailed in the United States mails, by
certified mail , at Waterloo, Iowa, properly stamped and
addressed a copy of the "Notice To Property Owners" for certain
street improvements proposed to be constructed in said City, as
more particularly described in said notice attached hereto, to
each and every property owner listed on the preliminary plat
and schedule of assessments referred to in said Resolution of
Necessity, as shown by the latest available records in the
office of the County Auditor, whose property is subject to
assessment for said proposed street improvements. If property
to be assessed was shown to be in the name of more than one
owner at the same mailing address, a single notice was mailed,
addressed to all owners at that address.
With respect to property owned by the State of Iowa, and to
be assessed under the preliminary plat and schedule of
assessments referred to above, I further certify that on the
same date set forth above, I deposited and mailed in the United
States mails at the same post office, properly stamped and
addressed, a copy of the aforesaid notice to each of the
following:
1 . Secretary of the Executive Council
Iowa State Capitol
Des Moines, IA 50319 (Liy_ restricted certified mail )
2. Director of Transportation
Highway Division
State Department of
Transportation
Ames, IA 50010 ( certified mail )
Certified mail receipts or stubs covering each said
mailing, hereinabove mentioned, are now on file in the official
records of said City in my office.
Witness my hand and the seal of said City at Waterloo,
Iowa, this llth day of July , 1986.
SEAL
C erk,L i'fichell `'Ft`e yer \,f`` I
(Attach to this certificate duplicate copy of
Notice to Property Owners, as mailed. )
Ahlers,Cooney Dorweiler,Haynie Smith&Allbee,Lawyers,Des Moines,Iowa
•
RE: WATERLOO, IOWA, F.Y. 1987 PAVING PROGRAM (CONTRACT NO. 298)
STATE OF IOWA
SS
COUNTY OF BLACK HAWK
I, the undersigned, do hereby certify that I am now and was
at the time hereinafter mentioned, the duly qualified and
acting Clerk of the City of Waterloo, in the County of Black
Hawk, State of Iowa, and that as such Clerk of said City and by
full authority from said City Council , I have caused a
NOTICE TO PROPERTY OWNERS
of which the clipping annexed to the publisher's affidavit
hereto attached is in words and figures a correct and complete
copy, to be published in the "Waterloo Courier-Record" , a legal
newspaper published at least once weekly, printed wholly in the
English language, published regularly and mailed through the
post office of current entry for more than two years and which
has had for more than two years a bonafide paid circulation
recognized by the postal laws of the United States, and having
general circulation in said City, and that said Notice was
published in said newspaper in all of the issues thereof
published and circulated on each of the following dates:
July 11 , 1986; and
July 18 , 1986.
WITNESS my official signature at Waterloo, Iowa, this
19th day of July , 1986.
J ��`
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City\�i e rk
Michelle Temeyer
Ahlers,Cooney,Dorweiler,Haynie,Smith&Allbee,lawyers,Des Moines,Iowa
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