HomeMy WebLinkAbout2005-11-21-Resolutions 05-217_Windfield P1 Lot 40 - Sidewalk Improvements - Res of NecessityRESOLUTION 05-217
Resolution of Necessity
WHEREAS,the City of Waukee,Iowa (hereinafter referred to as "the City")has
undertaken a program to repair and replace sidewalks throughout the City;and
WHEREAS,Nicholas C.Gruber and Karen S.Gruber (the "Property Owner")
is the legal titleholder of certain real estate (hereinafter referred to as "the Property")in
the City of Waukee,Iowa,described as follows:
Address:80 Ashland Court
Legal Description:Windfield Plat 1,Lot 40
WHEREAS,the Property Owner has determined that the sidewalk or a portion
thereof abutting the Property is in poor condition and in need of repair or replacement;
and
WHEREAS,the Property Owner desires that said sidewalk be repaired or
replaced by the City for the benefit of the Property and that a special assessment be levied
against the property for the costs of such repair or replacement;and
WHEREAS,pursuant to Iowa Code Section 384.41,the Property Owner has
executed a written Petition and Waiver agreement that has been approved by the City
Council and is on file with the City Clerk,pursuant to which agreement the Property
Owner (a)has authorized .the City to construct the above described sidewalk
improvement in accordancewith its standard specifications and under the supervision of
the Public Works Director;(b)has waived the requirement of a prior finding and order by
the City Council that the present 'condition of the sidewalk constitutes a nuisance and that
it must be replaced;(c)has waived the requirement of public notice thereof,as well as all
other legal formalities of whatsoever kind or character required by the laws of the State
ofIowa to be observed by cities in the construction and assessment of the cost.of such an
improvement against private property;(d)has agreed that,when said improvement has
been constructed,the City may make an assessment against the Property for the entire
cost of construction of said improvement and that said assessment so made shall be a lien
upon the Property;(e)has agreed to pay the amount which is thus assessed against the
Property;and (f)has agreed that said assessment shall have the same legal force and
effect as if all the legal formalities provided by law in such cases had been fully and
faithfully performed and observed;and
WHEREAS,pursuant to Iowa Code Section 384.41,this Council has adopted a
preliminary resolution covering the sidewalk improvement project on the Property (the
"Proj ect");and
WHEREAS,pursuant thereto,the Project Engineers have prepared preliminary
plans and specifications,an estimated total cost of the work and a plat and schedule,and
the same have been duly adopted and are now on file with the City Clerk;
NOW,THEREFORE,It Is Resolved by the City Council of the City of Waukee,
Iowa:
Section 1.It is hereby found and determined to be necessary and for the best
interest of the City and its inhabitants to proceed with the Proj ect,and to assess the cost
to the Property to be paid for by special assessments.
Section 2.It is hereby found and determined that there are now on file in the
office of the City Clerk an estimated total cost of the proposed work and a preliminary
plat and schedule showing the amount proposed to be assessed to the Property by reason
ofthe Project.
Section 4.Unless a property owner files objections with the City Clerk at the
time of the hearing on this resolution of necessity,the property owner shall be deemed to
have waived all objections pertaining to the regularity of the proceedings and the legality
of using the special assessment procedure.
Section 5.All resolutions,parts of resolutions,or actions of the Council in
conflict herewith are hereby repealed,to the extent of such conflict.
Passed and approved the 21 st day of November,2005.1
Jeff .
Attest:
7)1~()JO{~
Mark J.Arentst/City Administrator/Clerk
ROLL CALL VOTE
Nicholas C.Gruber
Donald L.Bailey,JI.
Bill Peard
Jeff Mertz
Darlene Stanton
AYE NAY ABSENT ABSTAIN
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