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HomeMy WebLinkAbout2008-11-17-Resolutions 08-254_South Area Trunk Sewer - Proposed Res of NecessityRESOLUTION 08-254 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 improvements, 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 South Area Trunk Sewer,Waukee,Iowa,as hereinafter described,in Waukee,Iowa: NOW,THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WAUKEE,IOWA: That it is deemed desirable,advisable and necessary to construct as a single improvement the South Area Trunk Sewer,Waukee,Iowa,in Waukee,Iowa. The District containing the properties to be assessed is set out and described in the following "Notice to Property Owners",set out in this Resolution. The improvements within the 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. Costs of the improvements will be assessed to the properties within the boundaries of the District.No property shall be assessed more than it is benefitted by the improvements nor more than 25%of its value on the date of its assessment.The assessment may include a ten percent Default and Deficiency Fund,as authorized by Section 384.44,City Code ofIowa. 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 benefitted 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 the Municipality as may be legally used for such purpose. -1- BE IT FURTHER RESOLVED,that this Council meet at seven o'clock P.M.,on the 15th day of December,2008,in the City Hall,Council Chambers,230 Highway 6, Waukee,Iowa,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 legality 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 preliminary plans and specifications,estimate of costs and to the making of the improvements;the Notice to be in substantially the following form: -2- (Two publications required) NOTICE TO PROPERTY OWNERS Notice is hereby given that there is now on file for public inspection in the office ofthe Clerk of the City of Waukee,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 District as approved by the Council of Waukee,Iowa, for sanitary sewer improvements,designated as the South Area Trunk Sewer,Waukee, Iowa,of the types and in the location as follows: SOUTH AREA TRUNK SEWER,WAUKEE,IOWA Construction of the South Area Trunk Sewer project includes approximately,2,250 linear feet of 24-inch diameter gravity flow sanitary sewer,90 linear feet of 8-inch to 15-inch diameter gravity flow sanitary sewer,manholes,drop connections, creek crossings,clearing and grubbing,surface restoration,and miscellaneous associated work. The project begins near an existing lift station located on the west side of County Highway R-22 (also known as Ute Avenue)approximately 250 feet north of Cotton Wood Drive.From the lift station,a 24-inch diameter sewer extends easterly across County Highway R-22 to a manhole located just west of Outlot 28A of Painted Woods,an official plat in Waukee,Dallas County,Iowa.The sewer continues from the manhole and extends southeasterly a distance of approximately 700 feet to a point in Outlot 23A of Painted Woods.The 24-inch sewer then extends easterly a distance of approximately 1,020 feet to a point in Outlot 17A of Painted Woods.The sewer then extends northerly and easterly distance of approximately 145 feet and 275 feet,respectively,to end at a terminal manhole located at the east end of said Outlot 17A. That the proposed District to be benefitted and subject to assessment for the cost of such improvements is described as follows: -3- SOUTH AREA TRUNK SEWER,WAUKEE,IOWA AREA OF ASSESSMENT An area in Section 8,Township 78 North,Range 26 West of the 5th Principal Meridian,in Dallas Connty,Iowa,more particularly described as follows: Painted Woods,an official plat in Waukee,Dallas County,Iowa. The Council will meet at seven o'clock P.M.,on the 15th day of December,2008, at the City Hall,Council Chambers,230 Highway 6,Waukee,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 ofland,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 Waukee,Iowa. Jeffrey L.Kooistra City Clerk,Waukee,Iowa (End of Notice) -4- INTRODUCED AND PROPOSED at a meeting held on the 17th day of November,2008. ATTEST: ROLL CALL VOTE Donald L.Bailey,Jr. Casey L.Harvey C.Isaiah McGee Darlene Stanton Mike Watts AYE X X X X X NAY ABSENT ABSTAIN