MINUTES OF MEETING TO DESIGNATE ENGINEER

Monticello, Iowa

February 7, 2011

The City Council of the City of Monticello, Iowa, met at 6:00 o’clock p.m., on the 7th day of February, 2011, at the Monticello Renaissance Center, Community Media Room, 220 East First Street, in the City, pursuant to the rules of said Council. The meeting was called to order by the Mayor and the roll being called, the following named Council Members were present and absent:

Present: Dave Goedken, Gerald Muller, Gregg Merfeld, Chris Lux and Tom Yeoman

Absent: John Sauser.

The Council took up and considered the proposed 2011 Second Street Reconstruction Project. It was moved by Council Member Yeoman and seconded by Council Member Goedken that Snyder & Associates, Inc. be designated as engineers in connection with the project and may be hereafter referred to as the “Project Engineers.” After due consideration thereof, the Mayor put the question on the motion and the roll being called, the following named Council Members voted:

Ayes: Yeoman, Goedken, Muller, Merfeld and Lux

Nays: None.

Whereupon, the Mayor declared the said motion duly carried and on motion and vote the meeting adjourned.

Don Ho Miyagawa, Mayor

Attest:

Sally Hinrichsen, City Clerk

MINUTES OF MEETING TO ADOPT PLANS AND SPECIFICATIONS AND SET DATE FOR HEARING ON PROPOSED RESOLUTION OF NECESSITY

Monticello, Iowa

(2011 Second Street Reconstruction Project)

February 7, 2011

A meeting of the City Council of the City of Monticello, Iowa, was held at 6:00 o’clock p.m., at the Monticello Renaissance Center, Community Media Room, 220 East First Street, in the City, on February 7, 2011. The Mayor presided and the roll was called, showing Council Members present and absent as follows:

Present: Dave Goedken, Gerald Muller, Gregg Merfeld, Chris Lux and Tom Yeoman

Absent: John Sauser

The Council took up the proposed 2011 Second Street Reconstruction Project.

Council Member Goedken moved the adoption of a preliminary resolution pursuant to Section 384.42 of the Code of Iowa. The motion was seconded by Council Member Yeoman and passed with record vote as follows:

Ayes: Goedken, Yeoman, Muller, Merfeld and Lux

Nays: None.

The Mayor then declared the resolution adopted, as follows:

RESOLUTION NO. #11-14

Preliminary resolution pursuant to Section 384.42 of the Iowa Code covering the 2009 South Cedar Street Reconstruction Project

WHEREAS, it is deemed advisable by the City Council of the City of Monticello, Iowa (the “City”) that certain public improvements be constructed in the City in accordance with the provisions of Chapter 384 of the Code of Iowa, and a portion of the cost be assessed to the property benefitted thereby; and

WHEREAS, the City has arranged for engineering services with Snyder & Associates, Inc., in connection with the said improvement;

NOW, THEREFORE, It Is Resolved by the City Council of the City of Monticello, Iowa, as follows:

Section 1. The 2011 Second Street Reconstruction Project shall consist of the reconstruction and surfacing of streets, including the construction of curb and gutter improvements, storm sewer and drainage improvements, water system extensions, improvements and connections, sanitary sewer system extensions, improvements and connections, spot sidewalk and driveway approach reconstructions, spot construction of new sidewalks and pedestrian ramps, and other work incidental thereto on and along certain streets in the City of Monticello, Iowa, as follows:

Second Street, from its’ intersection with N. Maple Street East to its’ intersection with N. Main Street.

North Main Street, from its’ intersection with Second Street North to its’ intersection with 3rd Street.

Section 2. The assessable portion of the 2011 Second Street Reconstruction Project shall consist of 100% of the cost of curb and gutter improvements, 100% of the cost of reconstruction of driveway approaches and 100% of the cost of the construction and reconstruction of sidewalks. It is considered that all properties abutting the above described segments of streets to be improved will be specially benefited from this improvement and should be specially assessed.

Section 3. The Project Engineers are hereby ordered to prepare preliminary plans and specifications, an estimated total cost of the work and a plat and schedule and to file the same with the City Clerk.

Section 4. The improvement shall be known as the “2011 Second Street Reconstruction Project,” and shall be so referred to in all subsequent proceedings.

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 February 7, 2011.

Don Ho Miyagawa, Mayor

Attest:

Sally Hinrichsen, City Clerk

The City Clerk stated that the Project Engineers had completed and filed the plat. The Council reviewed the proposed valuation of each lot within the assessment district and confirmed that such valuations should be included on the schedule to be filed.

The City Clerk stated that the Project Engineers had prepared and filed preliminary plans and specifications, an estimated total cost of the work and the plat and schedule, as directed in the preliminary resolution just adopted.

Thereupon, Council Member Yeoman proposed the adoption of the resolution approving and adopting the said preliminary plans and specifications, and plat and schedule and estimate of cost pertaining to such Project. The motion was seconded by Council Member Muller and passed with record vote, as follows:

Ayes: Yeoman, Muller, Merfeld, Lux and Goedken

Nays: None.

Whereupon, the Mayor declared the resolution duly adopted, as follows:

RESOLUTION NO. #11-15

Resolution Approving and Adopting Preliminary Plans and Specifications, Estimate of Cost and Plat and Schedule

WHEREAS, the City Council (the “Council”) of the City of Monticello, Iowa, has adopted a preliminary resolution pursuant to Section 384.42 of the Code of Iowa, covering the 2011 Second Street Reconstruction Project (the “Project”); and

WHEREAS, in accordance with such preliminary resolution, the Project Engineers have prepared preliminary plans and specifications, an estimated cost of the work and a plat and schedule, and have filed the same with the City Clerk; and

WHEREAS, this Council has determined the valuation of each lot proposed to be assessed for the Project and such valuations are now shown on the schedule, and this Council deems it advisable that the said preliminary plans and specifications, estimated cost of the Project and plat and schedule should be approved;

NOW, THEREFORE, It Is Resolved by the City Council of the City of Monticello, Iowa:

Section 1. The preliminary plans and specifications referred to in the preamble hereof are hereby approved.

Section 2. The plat, schedule and the valuations as shown thereon and estimate of cost are hereby ratified and approved.

Section 3. This Council proposes to proceed with the Project and a proposed resolution of necessity shall be prepared and hearing held thereon in accordance with the provisions of Sections 384.49, 384.50 and 384.51 of the Code of Iowa.

Section 4. All resolutions, parts of resolutions, or actions of the Council in conflict herewith are hereby repealed.

Passed and approved February 7, 2011.

Don Ho Miyagawa, Mayor

Attest:

Sally Hinrichsen, City Clerk

Council Member Yeoman introduced a proposed resolution of necessity covering the 2011 Second Street Reconstruction Project which is set out as follows, and moved that a public hearing be held on the proposed Resolution of Necessity on the 7th day of March, 2011, at 6:00 o’clock p.m., at the Monticello Renaissance Center, Community Media Room, 220 East First Street, in the City and that the City Clerk be authorized and directed to give notice of the public hearing by publication and mailing, as required by Section 384.50 of the Code of Iowa, and that the notice be in substantially the form set out in these proceedings. The motion was seconded by Council Member Goedken, and, after due consideration, the Mayor put the question on the motion and, the roll being called, the Council Members named voted as follows:

Ayes: Yeoman, Goedken, Lux, Muller and Merfeld.

Nays: None.

Whereupon, the Mayor declared the motion carried.

Proposed

Resolution of Necessity

WHEREAS, the City Council of the City of Monticello, Iowa, has adopted a preliminary resolution in accordance with Section 384.42 of the Code of Iowa, covering the 2011 Second Street Reconstruction Project (the “Project”); 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, including the valuation of each lot as determined by this Council, 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 Monticello, 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 Project, and to assess a portion of the cost to the property benefitted thereby.

Section 2. The 2011 Second Street Reconstruction Project shall consist of the reconstruction and surfacing of streets, including the construction of curb and gutter improvements, storm sewer and drainage improvements, water system extensions, improvements and connections, sanitary sewer system extensions, improvements and connections, spot sidewalk and driveway approach reconstructions, spot construction of new sidewalks and pedestrian ramps, and other work incidental thereto on and along certain streets in the City of Monticello, Iowa, as follows:

Second Street, from its’ intersection with N. Maple Street East to its’ intersection with N. Main Street.

North Main Street, from its’ intersection with Second Street North to its’ intersection with 3rd Street.

Section 3. The assessable portion of the 2011 Second Street Reconstruction Project shall consist of 100% of the cost of curb and gutter improvements, 100% of the cost of reconstruction of driveway approaches and 100% of the cost of the construction and reconstruction of sidewalks. It is considered that all properties abutting the above described segments of streets to be improved will be specially benefited from this improvement and should be specially assessed.

Section 4. 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 each lot by reason of the Project.

Section 5. This Council will meet at 6:00 o’clock p.m., on the 7th day of March, 2011, at the Monticello Renaissance Center, Community Media Room, 220 East First Street, in the City, at which time and place it will hear the property owners subject to the proposed assessment or assessments and interested parties for or against the Project, its cost, the assessment thereof or the boundaries of the properties to be assessed.

Section 6. 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 7. 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 7th day of February, 2011.

Don Ho Miyagawa, Mayor

Attest:

Sally Hinrichsen, City Clerk

NOTICE TO PROPERTY OWNERS

NOTICE IS GIVEN: That there are now on file for public inspection in the office of the City Clerk of the City of Monticello, Iowa, a proposed resolution of necessity, an estimate of cost and a plat and schedule showing the amounts proposed to be assessed against each lot and the valuation of each lot within a district approved by the City Council of Monticello, Iowa, for a street improvement, described in general as the 2011 Second Street Reconstruction Project, of the type and in the location as follows:

The 2011 Second Street Reconstruction Project shall constitute a single improvement and shall consist of the reconstruction and surfacing of streets, including the construction of curb and gutter improvements, storm sewer and drainage improvements, water system extensions, improvements and connections, sanitary sewer system extensions, improvements and connections, spot sidewalk and driveway approach reconstructions, spot construction of new sidewalks and pedestrian ramps, and other work incidental thereto on and along certain streets in the City of Monticello, Iowa, as follows:

Second Street, from its’ intersection with N. Maple Street East to its’ intersection with N. Main Street.

North Main Street, from its’ intersection with Second Street North to its’ intersection with 3rd Street.

The assessable portion of the 2011 Second Street Reconstruction Project shall consist of 100% of the cost of curb and gutter improvements, 100% of the cost of reconstruction of driveway approaches and 100% of the cost of the construction and reconstruction of sidewalks. It is considered that all properties abutting the above described segments of streets to be improved will be specially benefited from this improvement and should be specially assessed, all as shown on the preliminary assessment plat and schedule now on file for inspection at the office of the City Clerk.

The City Council will meet at 6:00 o’clock p.m., on the 7th day of March, 2011, at the Monticello Renaissance Center, Community Media Room, 220 East First Street, Monticello, Iowa, at which time the owners of the property subject to assessment for the proposed improvement 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 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 the property owner has filed objections with the City Clerk.

Sally Hinrichsen

City Clerk

********

(The mailed copies of such notice to property owners may have added thereto the following:

According to the records of the County Auditor, you are the owner of:

(Insert Property Description)

and the proposed assessment against the same is $______________.)

• • • • •

There being no further business to come before the meeting, it was upon motion adjourned.

 Don Ho Miyagawa, Mayor

Attest:

Sally Hinrichsen, City Clerk

STATE OF IOWA

COUNTY OF JONES

CITY OF MONTICELLO

I, the undersigned, City Clerk of the City of Monticello, Iowa, do certify that the above and foregoing is a true, correct and complete copy of the minutes of a meeting of the Council, held as therein shown, insofar as such minutes pertain to the proposed 2011Second Street Reconstruction Project, including a true, correct and complete copy of each of the resolutions referred to in said minutes.

WITNESS MY HAND this __ day of ___________________, 2011.

Sally Hinrichsen, City Clerk

STATE OF IOWA

COUNTY OF JONES SS:

CITY OF MONTICELLO

I, the undersigned, City Clerk of the City of Monticello, Iowa, certify that in such capacity I have control and access to the corporate records of such City, and from examination of such records and based upon advice received from the Project Engineers and Attorney for the City, I hereby certify that title to the land upon which the 2011 Second Street Reconstruction Project is to be constructed is vested in the City, and that all such improvements and the streets upon which they are to be constructed are wholly within the corporate limits of the City.

WITNESS MY HAND this __ day of _______________________, 2011.

Sally Hinrichsen, City Clerk

(Please note that if all of the necessary easements and rights of way have not yet been obtained, you should not execute and return this certificate. However, title should be obtained, and this certificate completed and returned to us, prior to the commencement of construction.)

STATE OF IOWA

COUNTY OF JONES SS:

CITY OF MONTICELLO

I, the undersigned, City Clerk of the City of Monticello, Iowa, do hereby certify that a grade ordinance has been duly adopted for all of the streets to be improved under the 2011 Second Street Reconstruction Project.

WITNESS MY HAND this ___ day of _______________________, 2011.

Sally Hinrichsen, City Clerk

STATE OF IOWA

COUNTY OF JONES SS:

CITY OF MONTICELLO

I, the undersigned, City Clerk of the City of Monticello, Iowa, do certify that on the ___ day of________________, 2011, I mailed to each owner of property proposed to be assessed for the 2011 Second Street Reconstruction Project, a copy of the notice to property owners in the form attached to this certificate, as set out in the resolution of necessity, covering such improvement project, insofar as the said owners could be determined from the records of the County Auditor’s office.

I further certify that there is no property owned by the State of Iowa or under the control of the Highway Division of the Iowa Department of Transportation being assessed for such improvement project.

WITNESS MY HAND this ___ day of ________________, 2011.

Sally Hinrichsen, City Clerk

(Attach a copy of the notice to property owners as mailed.)

(PLEASE NOTE: Do not date and return this certificate until you have received the publisher’s affidavit, but please return all other completed pages to us as soon as they are available.)

STATE OF IOWA

COUNTY OF JONES SS:

CITY OF MONTICELLO

I, the undersigned, City Clerk of the City of Monticello, Iowa, do certify that the notice to property owners, of which the printed slip attached to the publisher’s original affidavit hereto attached is a true and complete copy, was published on the dates and in the newspaper specified in such affidavit, and that such newspaper has a general circulation in the City.

WITNESS MY HAND this ___ day of ________________, 2011.

Sally Hinrichsen, City Clerk

(Attach hereto publisher’s original affidavit of publication of notice to property owners with a clipping of the notice as published attached.)

January 16, 2009

Doug Herman

City Administrator/City Hall

200 East 1st Street

Monticello, Iowa 52310-1501

Re: 2009 South Cedar Street Reconstruction Project

Our File No. 435926-22

Dear Doug:

We have prepared and enclose the necessary proceedings to initiate the special assessment procedures for the 2009 South Cedar Street Reconstruction Project for use at the

January 19, 2009 City Council meeting.

The documents enclosed include the following items:

1. Minutes of an earlier meeting of the Council showing the employment of the Project Engineers. Please fill in the appropriate meeting date.

2. The preliminary resolution required under Section 384.42 of the Code of Iowa, which sets out a description of the project and its location, a description of the property which will be assessed and a directive to the engineer to prepare necessary documents.

3. The resolution approving and adopting the plans and specifications, plat and schedule for the project. These plans and specifications are the preliminary documents contemplated by Section 384.43. They need not be as detailed as the final plans and specifications, but need only be in sufficient detail to advise any person interested of the general nature, character and type of improvement.

4. Introduction of proposed Resolution of Necessity and motion setting date for hearing and directing publication and mailing of the Notice to Property Owners, followed by the form of the proposed Resolution of Necessity and the form of the notice, both of which include references to the date, time and place of the public hearing. Please be certain that all blanks in the Resolution of Necessity and notice are filled in. While there is a recorded vote on the motion to set the date for the public hearing, this is not a vote on the proposed Resolution of Necessity. That vote will be held following the hearing.

As provided in Section 384.50 of the Code of Iowa, the notice must be published on the same day of the week for two successive weeks, prior to the hearing, in a newspaper of general circulation in the City. The first publication of the notice must be not less than 10 nor more than 20 days prior to the date set for the hearing. The date of publication should be excluded in computing the number of days.

Not less than 15 days before the hearing, a copy of the notice must be sent by regular mail to each owner whose property is subject to assessment for this project at the address as shown by the records in the office of the County Auditor. If a property is shown to be in the name of more than one owner at the same mailing address, a single notice may be mailed addressed to all owners at that address.

Extra copies of the notice are included with the proceedings for mailing and publishing.

5. Certificate covering the entire transcript.

6. Certificate regarding ownership of rights of way.

7. Certificate concerning the adoption of a grade ordinance for the streets to be improved. If no grade ordinance has been established for the streets to be improved, the Project Engineers may prefer to establish these grades after they prepare the final plans and specifications. In this event, it is permissible to pass the grade ordinance at any time prior to the ordering of the construction of the improvement. If this certificate cannot be forwarded to our office with the balance of these proceedings, please send it as soon as the grade ordinance is properly adopted.

8. Certificate covering mailing of the notice, to which should be attached a copy of the notice as mailed.

9. Certificate showing publication of the notice to property owners, to which certificate there should be attached the publisher’s affidavit of publication with a clipping of the notice as published.

In addition to sending us the publisher’s affidavit when it becomes available, please fax us a clipping of the notice as soon as it is first published, so that we may check its accuracy.

Under Section 384.62 of the Code of Iowa, if any property proposed to be specially assessed is taxed as agricultural property, that property owner may request the right to defer making special assessment payments until the property is no longer eligible to be taxed as agricultural property. An eligible property owner must file a written request for deferment with the City Clerk at the time of the hearing on the resolution of necessity for the project or within 10 days thereafter.

If you are aware of any properties which may qualify for this deferment, please let us know as soon as possible so we can analyze the potential impact on financing the project.

If you have any questions please contact Bob Josten or me.

Best regards,

John P. Danos

Enclosures

cc: Sally Hinrichsen

Andy Burke