Loading...
HomeMy WebLinkAbout1988-494-08.26.1988 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 26, 1988. Time of Meeting: 3: 00 , P.M. 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: Procedure relating to the Waterloo, Iowa, F.Y. 1989 500 Block Derbyshire Road Paving Project (Contract No. 355) . - Resolution of necessity (Proposed) . 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. le , terloo, a La y Burger AHLERS.COME).HORWEILER,IL I MIE.SMITH&ALLBEE ATTORNEYS AT LAW DES MOINES.IOWA (Contract No. 355) August 26 , 1988 The City Council of Waterloo, Iowa, met in Special session, in the Council Chambers, City Hall, Waterloo, Iowa, at 3: 00 o 'clock P.M. , on the above date. There were present Mayor Pro Tem Brown , in the chair, and the following named Council Members: Brown, Dell, Buck, Fox, Angel and Budak Absent: Wright * * * * * * * * * - 1 AIILEBS,LOONEY.DORAEILER,HA}NIE.SMITH&ALLBEE ATTORNEYS AT LAW DES MOINES,IOWA Dell introduced the following Resolution entitled "RESOLUTION OF NECESSITY (PROPOSED) " , and moved its adoption. Angel seconded the motion to adopt. The roll was called and the vote was, AYES: Brown, Dell, Buck, Fox, Angel, and Budak NAYS : None ABSENT: Wright Whereupon, the Mayor declared the Resolution duly adopted as follows: RESOLUTION NO. 1988-494 (CONTRACT NO. 355 ) 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. 1989 500 Block Derbyshire Road Paving Project (Contract No. 355 ) , 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. 1989 500 Block Derbyshire Road Paving Project (Contract No. 355 ) , 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. - 2 - AHLERS,GOONEY',DOIIWEILM HA\NIE.SMITH&ALLBEE ATTORNEYS AT LAW DES MOINES,IOWA 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. Said assessment may include a ten percent Default and Deficiency Fund, as authorized by Section 384. 44, City Code of Iowa. 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 12th day of September , 1988, in the Council Chambers, City Hall, 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 proceedings and the lega- lity 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: - 3 - MILERS,COONEF,DOHVV'EILER,ILAI NIE,SMITH&ALLBEE ATTORNEYS AT LAW DES MOINES,IOWA (Two publications required) (CONTRACT NO. 355) 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. 1989 500 Block Derbyshire Road Paving Project (Contract No. 355) , of the types and in the location 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. That the proposed District to be benefited and subject to assessment for the cost of such improvements is described as follows: - 4 - AHLERS,COONEF,DORM"EILER,HAINIE,SMITH&ALLBEE ATTORNEYS AT LAW DES MOINES,IOWA All properties , any part of which is included within the areas located along the road to be improved and generally described so as to include one-half of the privately owned and assessable property between such road to be improved and the next street, 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 road to be improved be assessed. (Waterloo, Iowa, F.Y. 1989 500 Block Derbyshire Road Paving Project (Contract No. 355) The Council will meet at 7:00 o 'clock P .M. , on the 12th day of September , 1988, at the Council Chambers, City Hall, Waterloo, Iowa, at which time the owners of property sub- ject 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 objec- tions with the Clerk. This Notice is given by authority of the Council of the City of Waterloo, Iowa. Larry P. Burger Clerk, Waterloo, Iowa (END OF NOTICE) - 5 - AHLERS.COONEY,DORM EILER,HAYNIE,SMITH&ALLREE ATTORNEYS AT LAW DES MOINES,IOWA BE IT FURTHER RESOLVED that to the extent of its provi- sions, this Resolution supersedes the Resolution of Necessity heretofore adopted for this project. INTRODUCED AND PROPOSED at a meeting held on the 25th day of August , 1988. Mayor ro Robert J. Brown ATTEST: 7 ufCle k L ry Burger - 6 - AHLERS,COONEY,DORWEILER,HAYNIE,SMITH&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 26th day of September , 1988. Cit Cl , Wat , Iowa L ry Burger SEAL 1HLEHS,OOONE1.DOR\VEILEH,HAFNIE,SMITH ticALLREE ATTORNEYS AT LAW DES MOINES,IOWA • RE: 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, Clerk of the City of Waterloo, Iowa, do hereby certify that on the 26th day of August 1988, I deposited and mailed i—' n 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 (a restricted certified mail ) 2. Director of Transportation Highway Division State Department of Transportation Ames, IA 50010 (a. 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 30th day of August , 1988. SEAL -"? Cler Larry P./Burger (Attach to this Certificate dupI1 Cate copy of Notice to Property Owners, as mailed. ) AHLERS,COONEY.DORwEILER,HAYNIE,SMITH&ALLBEE ATTORNEYS AT LAW DES MOINES.IOWA RE: 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 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" , 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: August 30 , 1988; and Sept,ember. 6 , 1988. WITNESS my official signature at Waterloo, Iowa, this day of , 1988. Ci C. -r • L--rr, P. Burger ilr AHLERS.COONEY,DOR WEILER,HAYNIE.SMITH&ALLREE ATTORNEYS AT LAW DES MOINES,IOWA O th t7 • cn w rt O 0 nr r S� C C O t-3 13 rt H H 0 0 0 • O 0 � Z rtl• 00 cn co c H H �o 0 0 cn til C7