The City of Monticello, Iowa
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF MONTICELLO, IOWA
RESOLUTION NO. 2020-21
Resolution Scheduling a Public Hearing on Proposed Resolution of Necessity related to the 2020 E. 7th 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, related to the 2020 E. 7th 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 Preliminary Assessment Plat and Schedule, including the valuation of each lot as determined to be appropriate by the Council, and the Council finds that same should be adopted and approved and placed on file with the City Clerk, and
WHEREAS, the City Council has reviewed a proposed Resolution of Necessity related to the 2020 E. 7th Street Reconstruction project and finds that a Public Hearing should be set on the proposed Resolution of Necessity prior to giving it final consideration
NOW, THEREFORE, The Monticello City Council, in session this 4th day of February, 2020, does hereby schedule a Public Hearing on a proposed Resolution of Necessity, same being appended hereto, pertaining to the 2020 E. 7th Street Reconstruction project, for the 17th day of February, 2020 at 6:00 p.m. on said date at the Monticello Renaissance Center, Community Media Center a/k/a City Council Chambers, 220 E. 1st Street, Monticello, IA 52310.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and caused the Great Seal
Of the City of Monticello, Iowa to be affixed hereto.
Done this 4th day of February, 2020.
__________________________________________
Brian Wolken, Mayor
Attest:
Sally Hinrichsen, City Clerk
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, pertaining to the 2020 E. 7th 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 to be appropriate by the City 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 in 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 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, sidewalk and driveway approach reconstructions, pedestrian ramps, lighting, and other work incidental thereto on and along certain streets in the City of Monticello, Iowa, as follows:
East 7th Street from and including its’ intersection with N. Cedar Street to the west to and including its’ intersection with N. Maple Street to the east.
Section 3. The assessable portion of the 2020 E. 7th 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 driveways where appropriate, 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.
The City Council will consider the granting of a credit against proposed assessments if the property owner to be assessed provides evidence found sufficient by the Council that sidewalks or driveway approaches have been replaced within the past ten (10) years and remain in good condition.
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 ____ day of ________, 2020.
Brian Wolken, 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 2020 E. 7th Street Reconstruction Project, of the type and in the location as follows:
The 2020 E. 7th 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, sidewalk and driveway approach reconstructions, and in some cases new driveway, construction of new sidewalks and pedestrian ramps, lighting, and other work incidental thereto on and along certain streets in the City of Monticello, Iowa, as follows:
East 7th Street from and including its’ intersection with N. Cedar Street to the west to and including its’ intersection with N. Maple Street to the east.
The assessable portion of the 2020 E. 7th 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 driveways where applicable, 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 consider the granting of a credit against proposed assessments if the property owner to be assessed provides evidence found sufficient by the Council that sidewalks or driveway approaches have been replaced within the past ten (10) years and remain in good condition.
The City Council will meet at
6:00 o’clock p.m., on the 17th day of February, 2020, at the Monticello
Renaissance Center, Community Media Center a/k/a City Council Chambers, 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.
Brian Wolken, 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 2020 E. 7th Street Reconstruction Project, including a true, correct and complete copy of each of the resolutions referred to in said minutes.
WITNESS MY HAND this 5th day of February, 2020.
Sally Hinrichsen, City Clerk
STATE OF IOWA )
COUNTY OF JONES )§
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 2020 E. 7th 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 _______________________, 2020.
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 )§
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 2020 E. 7th Street Reconstruction Project.
WITNESS MY HAND this ___ day of _______________________, 2020.
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 on the 5th day of February, 2020, I mailed to each owner of property proposed to be assessed for the 2020 E. 7th 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 5th day of February, 2020.
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 )§
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 ________________, 2020.
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.)