Public Right-of-Way Assessment Properties, Sidewalk, Driveway, Excavation, ObstructionTHE CITY OF Dubuque
~T TR ~ Aa-Ame~caCiry
V LJ ~ t
Masterpiece on the Mississippi
2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: 2009 Public Right-of-Way Assessment Properties
Sidewalk, Driveway, Excavation & Obstruction
DATE: December 14, 2009
City Engineer Gus Psihoyos recommends the City Council adopt a resolution
establishing the final assessment schedule for the 2009 Public Right-of-Way
Assessment Properties. This will levy special assessments against four property
owners who failed to complete required replacements or corrections to sidewalks,
driveways, excavation surface patches or obstruction removal in 2009.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, City Engineer
THE CITY OF
DUB E
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer ~~.
DATE: December 14, 2009
SUBJECT: 2009 Public Right-of-Way Assessment Properties
Sidewalk, Driveway, Excavation & Obstruction
INTRODUCTION
Dubuque
NFAna~tcaClly
2007
The enclosed material provides for the levy of special assessments for four property
owners who failed to complete required replacements or corrections to sidewalks,
driveways, excavation surface patches or obstruction removal in 2009.
DISCUSSION
Four property owners did not comply with the corrective orders. In such cases, the
policy of the City is to correct the defects and levy the construction costs--the costs of a
contractor performing the work and a 15 percent (15%) administrative charge--against
property owners in the form of a special assessment. The work for four properties were
performed by the City or a contractor hired by the City.
The property owner of 2629-2631 University had water services extended to new
apartment dwellings in December of 2008; due to the time of the year, temporary street
patches were placed. The final street patches were to be performed in the spring of
2009. After discussion with the owner, it was requested by the property owner that the
City perform the work and assess the costs. The City Public Works Department made
the final street patch replacement that totaled $1,614.62.
Two owners with properties at 550 Arlington and 570 Arlington had homes constructed
in late 2007. Work continued on the two homes, installation of utilities and site work in
2008. Multiple notifications were sent to both owners for the completion of the public
right-of-way sidewalk, approach, water stop box adjustment and installation of curb
section abutting their properties. After receiving no response, the City hired a contractor
to complete the required work. The final billing for those properties is $1,543.43 for 550
Arlington Street and $575.80 for 570 Arlington Street.
The property owner of 2930 Keokuk Street was notified to remove a low hanging branch
over the public right-of-way sidewalk at the corner of Keokuk and Primrose Streets.
Failure of the property owner to remove the obstruction resulted in the City hiring a
contractor to remove the obstruction at a cost of $50.
The amount of the special assessments that is to be levied against the four separate
parcels of property is $4,351.43--$3,783.85 plus 15% administrative charge of $567.58.
RECOMMENDATION
I would recommend that the City Council approve the attached final assessment
schedule.
ACTION TO BE TAKEN
The City Council is requested to adopt the attached resolution establishing the final
assessment schedule for the 2009 Public Right-of-Way Assessment Properties.
Prepared by Jane Smith, Eng. Asst. II
cc: Jon Dienst, CE
Jane Smith, EAII
NOTICE TO PROPERTY OWNERS
OF FILING OF THE
FINAL SCHEDULE OF ASSESSMENTS
FOR THE
2009 PUBLIC RIGHT-OF-WAY ASSESSMENT PROPERTIES
TO THE PERSONS OWNING PROPERTY WITHIN THE DISTRICT DESCRIBED AS
FOLLOWS IN THE CITY OF DUBUQUE, IOWA:
LOT 2-96 & LOT 2-97 MCDANIELS PARK HILL
LOT 1 GOLOMBESKI'S ADDITION #2
LOT 1 GOLOMBESKI'S ADDITION
LOT 1-7 LENOX ADD
You are hereby notified that the Final Schedule of Assessments against the benefited
properties within the District described above, a copy of which Final Schedule of
Assessments is attached hereto, has been adopted and the assessments confirmed by the
City Council of the City of Dubuque, Iowa, and that said Final Schedule of Assessments
has been certified to the Dubuque County Treasurer.
The assessments may be paid in full or in part without interest at the office of the City
Treasurer, City Hall, 50 W. 13th Street, Dubuque, Iowa, at any time within 30 days after the
date of the first notice of the Final Schedule of Assessments. Thereafter, unpaid
assessments of $100.00 or more are payable in 10 annual installments at the County
Treasurer's Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa,
and will draw annual interest at nine percent (9%) computed to December 1 next following
the due dates of the respective installments as provided in Section 384.65 of the Code of
Iowa. Each installment will be delinquent from October 1 following its due date on July 1 of
each year. However, when the last day of September is a Saturday or Sunday, that
amount shall be delinquent from the second business day of October. Delinquent
installments will draw the same delinquent interest as ordinary taxes. Property owners
may elect to pay any annual installments semi-annually in advance.
Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 469-09
ADOPTING THE FINAL ASSESSMENT SCHEDULE
FOR THE
2009 PUBLIC RIGHT-OF-WAY ASSESSMENT PROPERTIES
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
After full consideration, the Final Schedule of Assessments as shown on the attached sheet(s),
Page 1 to Page 1 inclusive, is hereby approved for the 2009 Public Right-of-way Assessment
Properties.
There is hereby assessed and levied as a special tax against and upon each of the benefited
properties, the respective sums indicated. The amounts shown in said Final Schedule of
Assessments as deficiencies are found to be proper and levied conditionally against the
respective properties benefited by the improvements as shown in the Final Schedule of
Assessments, subject to the provisions of Iowa Code § 384.63. Said assessments against said
lots are hereby declared to be in proportion to the special benefits conferred and not in excess
of twenty-five percent of the value of same.
The City Clerk be and is hereby directed to certify the Final Schedule of Assessments to the
County Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each
week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first
publication of which shall be not more than fifteen days from the date of filing of the Final
Schedule of Assessments. On or before the date of the second publication of the notice, the
City Clerk shall also mail a copy of said notice to property owners whose property is subject to
assessment, as provided in Iowa Code § 384.60.
The assessments may be paid in full or in part without interest at the office of the City
Treasurer, City Hall, 50 W. 13~h Street, Dubuque, Iowa, at any time within 30 days after the date
of the first notice of the Final Schedule of Assessments. Thereafter, unpaid assessments of
$100.00 or more ~ are payable in 10 annual installments at the County Treasurer's Office,
Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, and will draw annual
interest at nine percent (9%) computed to December 1 next following the due dates of the
respective installments as provided in Section 384.65 of the Code of Iowa. Each installment will
be delinquent from October 1 following its due date on July 1 of each year. However, when the
last day of September is a Saturday or Sunday, that amount shall be delinquent from the
second business day of October. Delinquent installments will draw the same delinquent interest
as ordinary taxes. Property owners may elect to pay any annual installments semi-annually in
advance.
Passed, approved and adopted this 21st day of December ~Og. ~ ~~
Attest:
~-,~.~
eanne F. Schneider, CMC, City Clerk
CITY OF DUBUQUE, IOWA
2009 PUBLIC RIGHTAF-WAY ASSESSMENT PROJECT
FINAL SCHEDULE OF VALUATION AND PROPOSED ASSESSMENTS
DATE: DECEMBER 8, 2009
The following schedule is hereby determined to show each lot proposed to be assessed for the improvement shown in the title together with the amount
proposed to be assessed against each lot and the valuations shown opposite each lot are hereby fixed as the true valuations of such lots by the City Council of
the City of Dubuque.
PARCEL ! VALUATION PUBLIC RIGHT-
PROPERTY OWNER NAME LOT DESCRIPTION NUMBER STREET ADDRESS WITH OF-WAY
IMPROVEMENT ASSESSMENT
DUBUQUE PROPERTY INVESTMENTS !
LLC LOT 1-7 LENOXADD 10-27-279-019 2631 UNIVERSITY $15,156.81 $1,856.81
RHOMBERG, SUSAN LOT 2-96 & LOT 2-97 MCDANIELS PARK HILL 10-14-426-010 2930 KEOKUK $111,957.50 $57.50
JOHNSON, ROBERT L ~ BETHANY I
GOLOMBESKI
LOT 1 GOLOMBESKI'S ADDITION #2
10-24-378-025
550 ARLINGTON $11,274.94 $1,774.94
PARKS, BRADFORD LOT 1 GOLOMBESKI'S ADDITION 10-24-378-023 570 ARLINGTON ~ $12,962.17 ~ 5662.17
$4,351.43