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HomeMy WebLinkAbout1988-492&493-08.22.1988 CITY'S COPY (Contract No. 355) (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Waterloo, Iowa. Date of Meeting: August 22, 1988. Time of Meeting: 7 : 00 p.m. , 1988. Place of Meeting: Council Chambers, City Hall, 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 approving Petition and Waiver for the Waterloo, Iowa, F.Y. 1989 500 Block Derbyshire Road Paving Project (Contract No. 355) . Resolution of Necessity for the Waterloo, Iowa, F.Y. 1989 500 Block Derbyshire Road Paving Project (Contract No. 355) , ordering construction of said project, approving prelimi- nary 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, specifica- tions, form of contract and estimate of cost and a date construction bids will be received for said project. 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. Deputy Clerk, Waterloo, Iowa Michelle Temeyer \HLEHS.GOONEY.DORA"EILER,H:YYNIE.SMITH h ALLBEE ATTORNEYS AT LAW DES MOINES,IOWA (Contract No. 355 ) August 22 , 1988 The City Council of Waterloo, Iowa, met in Regular session, in the Council Chambers, City Hall, Waterloo, Iowa, at 7 : 00 o 'clock P .M. , on the above date. There were present Mayor Bernard—L. McKinley , in the chair, and the following named Council Members: Dell, Fox, Angel, Buck, Wright, Budak, Brown Absent: * * * * * * * * * - 1 - AHLERS.COONEY,DODWEILER.HAYNIE.SMITH&ALLBEE ATTORNEYS AT LAW DES MOINES.IOWA The Council then discussed the matter of constructing asphalt concrete paving with portland cement concrete curb and gutter, together with necessary grading, incidental street drainage facilities and miscellaneous related work, generally described as the Waterloo, Iowa, F.Y. 1989 500 Block Derbyshire Road Paving Project (Contract No. 355 ) . A Petition and Waiver, duly executed by owners of property to be assessed for the proposed public improvements, was offi- cially filed with the Clerk of said City. Whereupon, Council Member Dell introduced the following resolution entitled "RESOLUTION APPROVING PETITION AND WAIVER" , and moved that the same be adopted. Council Member Wright seconded the motion to adopt. The roll was called and the vote was, AYES: Dell, Fox, Angel, Buck, Wright, Budak, Brown NAYS : Whereupon, the Mayor declared the following Resolution duly adopted: RESOLUTION NO. 1988-492 (CONTRACT NO. 355) RESOLUTION APPROVING PETITION AND WAIVER WHEREAS, a Petition and Waiver has been duly executed by the owners of property agreeing thereby to be assessed for the full cost of street improvements, the same being attached here- to; and WHEREAS, upon investigation it is found that the holders of all liens and encumbrances against said benefited property to be assessed pursuant to said Petition and Waiver have executed and agreed to and have subordinated their liens to the provi- sions of same ; and WHEREAS, the following action is deemed appropriate. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: Section 1. That the aforesaid Petition and Waiver attached hereto be and the same is hereby approved and accepted for and on behalf of this City. - 2 - AHLERS.COONEY",DORM EILER,HAI NIE,SMITH&ALLBEE ATTORNEYS AT LAW DES MOINES,IOWA PASSED AND APPROVED this 22nd day of August 1988. , rG �. ayor Bernard L. McKinley ATTEST: 4 Deputy Clerk\ichelle Temeyer - 3 - AHLERS,COONEY,DORWEILER,HAYNIE,SMITH&ALLBEE ATTORNEYS AT LAW DES MOINES,IOWA Council Member Dell introduced the following resolution entitled "RESOLUTION OF NECESSITY FOR THE WATERLOO, IOWA, F.Y. 1989 500 BLOCK DERBYSHIRE ROAD PAVING PROJECT (CONTRACT NO. 355) , 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" , and moved that the same be adopted. Council Member Wright seconded the motion to adopt. The roll was called and the vote was , AYES: Dell, Fox, Angel, Buck, Wright Budak, Brown NAYS : Whereupon, the Mayor declared the following Resolution duly adopted: RESOLUTION NO. 1988-493 (CONTRACT NO. 355) RESOLUTION OF NECESSITY FOR THE WATERLOO, IOWA, F.Y. 1989 500 BLOCK DERBYSHIRE ROAD PAVING PROJECT (CONTRACT NO. 355) , 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 WHEREAS, this Council deems it advisable and necessary that asphalt concrete paving with portland cement concrete curb and gutter, together with necessary grading, incidental street drainage facilities and miscellaneous related work, generally described as the Waterloo, Iowa, F.Y. 1989 500 Block Derbyshire Road Paving Project (Contract No. 355) , be constructed within the City of Waterloo, Iowa, which improvements are more par- ticularly 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 - 4 - MILERS.GOONEY,DOHWEILER,HAYNIE.SMITH&AI.LREE ATTORNEYS AT LAW DES MOINES,IOWA WHEREAS, a Petition and Waiver Agreement relating to said proposed improvements has been signed by all of the property owners to be benefited by the construction of said work and said Petition and Waiver Agreement has 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 Agreement, the benefited property owners have waived any and all legal requirements covering the construction of said impro- vements 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 Agreement, may be contracted for and said plans, speci- fications, form of contract and estimate of cost finally 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 Agreement, hereinabove referred to, was approved and accepted for and on behalf of the City by resolution of the City Council adopted on August 22, 1988. Section 2. That this Council hereby determines that it is necessary and advisable to construct asphalt concrete paving with portland cement concrete curb and gutter, together with necessary grading, incidental street drainage facilities and miscellaneous related work , generally described as the Waterloo, Iowa, F.Y. 1989 500 Block Derbyshire Road Paving Project (Contract No. 355) , 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. - 5 - 1HLERS,COONEti,I)OHA EILER.HAY NIE.SMITH&.ALLBEE ATTORNEYS AT LAW DES MOINES,IOWA Section 3. That said proposed improvements to be constructed are described as follows: WATERLOO, IOWA, F.Y. 1989 500 BLOCK DERBYSHIRE ROAD PAVING PROJECT (CONTRACT NO. 355) SCOPE OF WORK The extent of the work involved is the construction of street improvements in, along and upon portions of a certain road, and such other work as may be incidental thereto, along and upon the following road: Street improvements consisting of: 5 1/2 inch thick ACC Type A base course with a 2 inch thick ACC Type A surface course placed between new 24 inch PCC curb and gutter sections. Subgrade, driveways and appurtenances and other such work as may be incidental thereto. All street improvements consist of the construction of a street, of which the approximate width from back-of-curb to back-of-curb is indicated below: The road which is proposed for improvements is as follows: DERBYSHIRE ROAD, from Prospect Boulevard to Sunset Road, approximately 573 feet, twenty-five ( 25) feet in width. Section 4. That the proposed assessment district to be benefited and subject to assessment, is set out in the pre- 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 proposed plat and schedule for the project. - 6 - AHLERS.GORNE1.DORM FILER,HAI"NLE,SMITH&T ALLBEE ATTORNEYS AT LAW DES MOINES,IOWA 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 resolu- tion shall constitute the action the Council would normally take in adopting a preliminary resolution ordering construction of said project, approving the preliminary plat and schedule of assessments and estimate of costs, introducing and adopting a resolution of necessity, ordering preparation of detailed plans, specifications, contract documents, and estimate of cost, and any and all other preliminary Council action on a special assessment project. Section 9. That the amount of the security to accompany each bid shall be in an amount which shall conform to the pro- visions of the notice to bidders hereby approved as a part of said specifications. Section 10. That the Clerk be and is hereby directed to publish a combined notice of hearing on plans, specifications, 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 forty-five days prior to September 6 , 1988, 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. Bids shall be received and opened at a public meeting pre- sided over by the Council at 7: 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 publica- tion 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. - 7 - 1HLERS.LOONEY.UORWEILER,FIA1 NIE,SMITH&ALLREE ATTORNEYS AT LAW DES MOINES,IOWA Section 12. That this Council meet in the Council Chambers, City Hall at 7: 00 o'clock P.M. , on September 6 1988, for the purpose of conducting a public hearing on plans, specifications, form of contract and estimate 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 22nd day of August 1988. Mayor Bernard/L. cKih Yley/ ATTEST: 1 Deputy Clerk'Michelle Temeyer - 8 - AHLERS.COONEY.DORWEILER,HAYNIE.SMITH k ALLBEE ATTORNEYS AT LAW DES MOINES,IOWA WATERLOO, IOWA, F.Y. 1989 500 BLOCK DERBYSHIRE ROAD PAVING PROJECT (CONTRACT NO. 355) 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 22nd day of August , 1988. v City C erk, Waterloo, Iowa !J ,J a-``T J J SEAL AHLERS,COONEY.DORWEILER.HAYMIE.SMITH&ALLBEE ATTORNEYS AT LAW DES MOINES,IOWA WATERLOO, IOWA, F.Y. 1989 500 BLOCK DERBYSHIRE ROAD PAVING PROJECT (CONTRACT NO. 355) STATE OF IOWA SS COUNTY OF BLACK HAWK I , the undersigned, do hereby certify that I am now and was at the times 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 and by full authority from the Council of said City, I have caused a NOTICE OF HEARING AND LETTING 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" , 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 bona fide 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 the following date: August 26 , 1988. 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