MINUTES OF MEETING FOR HEARING ON RESOLUTION OF NECESSITY

Monticello, Iowa

March 7, 2011

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

Present: Gerald Muller, Gregg Merfeld, John Sauser, Chris Lux and Tom Yeoman

Absent: Dave Goedken

The Mayor Pro Tem announced that this was the time and place set for hearing upon the proposed Resolution of Necessity covering the 2011 East Second Street Reconstruction Project. All written objections heretofore filed and all written or oral objections filed or made during the hearing were considered by the Council.

Written objections were filed by the following: None

Oral objections were made by the following: None

The Mayor Pro Tem then declared that a motion would be in order for adoption of the Resolution of Necessity.

It was moved by Council Member Yeoman and seconded by Council Member Muller that the Resolution of Necessity for the 2011 East Second Street Reconstruction Project, as amended, be adopted in the form hereinafter set out.

After due consideration thereof by the Council, the Mayor Pro Tem put the question upon the motion and the roll being called, the following named Council Members voted:

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

Nays: None.

Whereupon, the Mayor Pro Tem declared the said motion duly carried and the Resolution of Necessity was finally adopted.

RESOLUTION NO. 11-27

Resolution of Necessity

2011 East Second Street Reconstruction Project

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 East 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 East 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. Unless a property owner filed 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 7th day of March, 2011.

John Sauser, Mayor Pro Tem, Mayor

Attest:

Sally Hinrichsen, City Clerk

It was moved by Council Member Merfeld and seconded by Council Member Yeoman that the City Clerk be directed to file certified copies of the Resolution of Necessity and Preliminary Plat and Schedule of Assessments with the County Treasurer of Jones County, and that the resolution hereinafter set out ordering the preparation of the detailed plans and specifications and the preparation of the notice of hearing and notice to bidders and form of contract covering the 2011 East Second Street Reconstruction Project be adopted.

Whereupon, the Mayor Pro Tem put the question upon the motion, and the roll being called, the following named Council Members voted:

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

Nays: None.

Whereupon, the Mayor Pro Tem declared the said motion duly carried and the said resolution adopted, as follows:

RESOLUTION NO. 11-28

Ordering Preparation of Detailed Plans, Specifications, Notice of Hearing, Notice to Bidders and Form of Contract

WHEREAS, this Council has adopted a final Resolution of Necessity in connection with the 2011 East Second Street Reconstruction Project (the “Project”); and

WHEREAS, detailed plans and specifications, notice of hearing and notice to bidders and form of contract should now be prepared and filed with the City Clerk;

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

Section 1. The Project Engineers are hereby instructed to prepare and file with the City Clerk detailed plans and specifications covering the Project, including a notice of hearing and notice to bidders and form of contract.

Section 2. All resolutions or parts of resolutions in conflict herewith are hereby repealed.

Passed and approved on this 7th day of March, 2011.

John Sauser, Mayor Pro Tem

Attest:

Sally Hinrichsen, City Clerk

• • • •

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

John Sauser, Mayor Pro Tem

Attest:

Sally Hinrichsen, City Clerk

STATE OF IOWA )

COUNTY OF JONES )§

CITY OF MONTICELLO )

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

WITNESS MY HAND and the seal of the City hereto affixed this _____ day of ________________, 2011.

City Clerk

(Seal)

STATE OF IOWA )

COUNTY OF JONES )

I, the undersigned, County Treasurer of Jones County, Iowa, do hereby certify that the City Clerk of Monticello, Iowa, did file on the _____ day of ___________________, 2011, in my office, copies of the final Resolution of Necessity, Preliminary Plat and Schedule of Assessments in connection with the 2011 East Second Street Reconstruction Project.

WITNESS MY HAND and the seal of said County hereto affixed this _____ day of __________________, 2011.

County Treasurer

(Seal)

STATE OF IOWA )

COUNTY OF JONES )§

CITY OF MONTICELLO )

I, the undersigned City Clerk of the aforementioned City, do hereby certify that, pursuant to Section 384.62 of the Code of Iowa, no requests for deferment of special assessment payments with respect to the 2011 East Second Street Reconstruction Project were filed at the hearing on the Resolution of Necessity or within 10 days thereafter, except as follows:

Name Assessment

Number Amount of

Assessment

WITNESS MY HAND and the seal of said City hereto affixed this _____ day of March, 2011.

Sally Hinrichsen, City Clerk

(Seal)

(Please attach hereto copies of written requests for deferment.)

(NOT TO BE EXECUTED UNTIL 10 DAYS AFTER THE DATE OF HEARING ON RESOLUTION OF NECESSITY.)

December 30, 2004

Timothy Rhode

City Administrator

City Hall

200 East First Street

Monticello, Iowa 52310-1501

Re: Park Drive Improvement Project

Our File No. 435926-12

Dear Tim:

We have prepared and enclose the necessary proceedings for the January 3, 2005, Council meeting at which the hearing on the Resolution of Necessity for the Park Drive Improvement Project is to be held.

On or before the day of the hearing on the Resolution of Necessity, please check your records to be sure that the Notice to Property Owners was published once each week for two consecutive weeks (the first of which must have been not less that ten days before the date of the hearing) and that copies of the notice were sent, not less than fifteen days before the hearing, by regular mail to each property owner. If you find these requirements have not been met, please call me immediately.

The proceedings enclosed include the following items:

1. Minutes of the meeting at which the hearing is to be held on the proposed Resolution of Necessity. Copies of the written objections and a list of the oral objections should be attached to the transcript and made a part of your records.

2. Minutes closing the hearing. Language deferring immediate action and providing for an adjournment is included at this point, in case the Council is not ready to proceed to a final vote on the Resolution of Necessity. If the Council is prepared to take that action immediately, however, this adjournment may be stricken by merely drawing a line through it and the minutes convening the meeting on the following page.

3. Minutes of the same meeting or of the adjourned meeting at which a resolution is adopted amending the Resolution of Necessity. If no amendments are necessary, you may proceed directly to the final adoption of the Resolution of Necessity. This is the place to reflect the Council’s decisions concerning any changes in the Project, such as deleting some of the streets or reducing some or all of the assessments. If there are any amendments to the Resolution of Necessity which result in a change in the description of the area to be assessed or in the schedule of assessments, please have the Project Engineers forward us a copy of the revised description of the area to be assessed or of the revised schedule of assessments. In addition, before taking final action to approve the Resolution of Necessity, please make the appropriate adjustments to the language of the Resolution of Necessity to show any amendments which have been approved. If you prefer, call us after the meeting and we will prepare the revised form of Resolution of Necessity for your records and for filing with the County Treasurer.

4. The Resolution of Necessity.

The law requires that the Resolution of Necessity be passed in final form by a vote of three-fourths of all the members of the Council. This must be three-fourths of the entire Council, and not just three-fourths of those present. (On a Council with six members, final passage requires approval from five members.) In the event that written objections are filed with you signed by owners subject to seventy-five per cent (75%) of the amount of the proposed assessments, the Resolution of Necessity must be passed in final form by a unanimous vote of the entire Council.

5. Motion that City Clerk file certified copies of the Resolution of Necessity and Preliminary Plat and Schedule with the County Treasurer of Jones County, followed by resolution ordering the preparation of the detailed plans and specifications, the notice to bidders and form of contract.

6. Certificate attesting the entire transcript.

7. Certificate of the County Treasurer of Jones County attesting to the filing of certified copies of the final Resolution of Necessity, preliminary plat and schedule of assessments, as required by Section 384.51 of the Code of Iowa.

8. Certificate attesting to the filing of requests for deferment of special assessment payments with respect to agricultural property.

As soon as the Council desires to proceed to advertise for construction bids and we have received the necessary additional information, we will prepare the proceedings necessary to authorize the publication of the notice of hearing and notice to bidders.

As these proceedings are completed, please return one fully executed copy to our office.

If you have any questions, please call John Danos or me.

Very truly yours,

Robert E. Josten

REJ:mls

Enclosures

cc: Darin Ligtenberg

Sally Hinrichsen