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HomeMy WebLinkAbout5532-12.10.1923 RESOLUTION YO. 5532 DIRECTII1G THE ISSUANCE 02 SPECIAL AS ESUEUTT CERTI- FICATES FOR CURB ND GUTTER ON BRAT1 OB 2 STREET iHEREAS, on the 13th day of August , 1923, the City of '.'Waterloo, Iowa, did enter into a contract with Bryant Paving Company for the con- struction of curb and gutter on Bratnober Street between Broadway Street and Fairview venue on both sides of the street in the manner provided by said contract ; and WHEREAS, the said -Bryant Paving Company, Contractors, has fully completed the said work in accordance with the terms of his contract and the plans and specifications therein referred to, and the said work has been duly accepted by this council as fully complying with the terms, con- ditions and requirements of the said contract and the plans and snecifica- tions; and " -?ER AS, under the terms of the said contract , so much of the cost and expenses of the said im-)rovement as is by law assessable against pro - perty abutting thereon (and against the real estate and personal rronerty of railway and street railway companies whose tracks, station g rounds or rights of way are located thereon or abut thereon) is to be so assessed, and special assessment certificates are to he issued in anticimation of the collection of such special taxes, which certificates are to be accepted by the contractor in nayent of so much of the cost of the said improvement as enuals the amount of such special assessments, but not exceeding the amount due to said contractor; and WHEREAS, there have been heretofore levied by this council against the Property abutting upon xxxxxxxxt to the said improvement (and against the real estate and personal property of railway and street railway companies whose tracks are located thereon or abut thereon) special assessments to the amount of 1,190. 28 , as shown in the schedule now on file in the office of the Cit:/ Clerk, which said assessments were levied on the 10th day of December, 1923. NOW THER FORE, BE IT RESOLVED BY `T CITY COUNCIL OF WATERLOO, 'OVA, that there be issued by the City of Waterloo , Iowa, Street Improvement Certificates to the total amount of g 1,190.28 . One certificate shall be issued for each and every separate niece of property assessed, as shown on s`_id schedule , which certificate shall be for the amount of the special taxes assessed against such property, and the certificates shall be number- ed from 1 to 26 inclusive. Such certificates shall transfer to the bearer all the right and interest of said City in such assessments, and shall be in substantially the following form, to-wit: SPECIAL ASSESSHENT CER_I_. ICAT. For Curb and Gutter on Iro. 3ratnober Street STATE OF IO':TA COUNTY OF BLACY ATVY IT IS EBY CERTIFIED, that the City Council of the City of 'aterloo , Iowa, in accordance with the law provvidin; for the improvement of streets and alleys by laying of curb and ,mutter on did, on the day of A. D. 19 , by resolution order that be improved by . That afterward, to-wit: on a contract was entered into by the City Council of said City, , and , and was filed in the office of the City- Clerk before the commencement of work, and approved by the City Council , in which the said , being the lowest bidder, agreed to make such improve- ment. That the said improvement having been completed by said Contractor by the City Council, r .,id the City Council and City Engineer and accented try.., vlt�_ �oul�cil u.��:. - 2 - having ascertained what portion of the cost thereof is assessable upon private property, the City Council of said City, did on duly assess against the following property, to-wit: " and owners thereof liable to assessment for the cost of the same the sum of 0 Dollars, the same being the proportion of the cost of said improvement by law assessable against said described property. That a certificate of levy of said" assessment has been duly filed with the Auditor of Black Hawk County, Iowa. That this certificate is issued by the City of Waterloo, under and by virtue of Chapter 8, Title V. of the Code of Iowa, and supple- ment thereto, as amended by Chap. 255, 39th C. A. , and the resolution of said City adopted as aforesaid, and is now payable with interest at the rate of per cent per annum from the date of said acceptance to-wit : at the office of the Treasurer of Black Hawk County, unless said signs the agreement endorsed hereon, in which event it is payable as follows, to-wit: In Ten equal installments; the first of which, with interest at the rate of per cent per annum on the whole assessment from the afore- said date of acceptance is now payable , and the other installments, with the same rate of interest on the whole amount unpaid., annually thereafter, at the sae time and in the same manner as the march semi-annual payment of ordinary taxes. Upon the payment of any installment, there shall be computed and col- lected the installment and interest on the whole assessment remaining unpaid up to the first day of April following. It is hereby certified and recited that all the acts, con- ditions and things required to be done, precedent to, and in the issuing of this certificate , have been done, happened and performed, in regular and due form, as required by law. And the City of Waterloo hereby transfers to said or his assigns, all right and interest of the City of Waterloo in the assessment herein described, and the holder hereof is authorized to collect and receive said assessment, by or through any of the methods provided by law -"or its collection, as the sane matures. If. = ITF' SS V772730F, T T CITY OF `;SAT aRL00, by its City Council, has caused this certificate to be signed by its i.: ayor a.? d countersigned by its City Clerk, with the seal of said City affixed, this day of , 19 . Count ersigned: Mayor. City Clerk. That there shall be attached to said certificate nine coupons, to be filled out and signed in the event that the owner of the property de- scribed in the certificate shall sign the agreement endorsed upon the back thereof. Said installment coupons shall be in substantially the followin form, to-wit: III€STALL if T COUPON NO. Due 19 . A The owner of the property described in Assessment Certificate No. have signed the waiver provided for in Section 825 of the 1913 Srpplement of the code of Iowa, and having agreed to pay the assessment mentioned in said certificate, the holder of this Coupon is entitled to receive the =mama sum of 0 Dollars being the Installment of said a ssment, tannumether with interest at the rate of --r7r cent per annm upoIn?n whole unpaid amount of said Certif icats provided by law and by said certi- ficate. _ 3 - This coanol- must be surrendered to the Treasurer of County, Iowa, before said installment can be paid. ,nagy, May or. Chas. C. MacKay, City Clerk. On the back of said certificates there shall be printed the following: WAIVER 19 . In consideration of having the riRht to ray the .r.ssessment mentioned in the within Certificate in installments as provided by law, I do hereby agree that I will not make any objections of illegality or ir- regularity as to said assessment ; and that I will pay the same with interest thereon at the rate of rer cent per annum from the date of said acceptance. BE IT FURTIRR RESOLVED, that the Mayor and City Clerk be and they are hereby instructed, to execute said certificates, and when so executed that they be placed on file in the office of the City Clerk for a period of thirty days from and after the date of the making of the said assessment, to-wit, the 10th day of December, A. 7). 1923, to the end that the owner of any lot or parcel of real estate, or railway or street railway, against which an assess lent has been made, may, within said time promise and a:<ree in writing en orsed on said certificate , or in a senarate agreement , that in consideration of having the right to ray his assessment in install- ments he will not -lake any objection of illegality or irregularity as to the assess-lent or levy of said tax upon and against his property, and will pay said asse,3sment with interest thereon. Passed and adopted this 10th day of December, 1923. • Mayor. /--) ATT_,ST: r/ City Clerk.