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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