Loading...
2003 Sidewalk Assessment ProjectMEMORANDUM TO: FROM: SUBJECT: Januaw 27,2004 The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager 2003 Sidewalk Assessment Project The 2002-2003 Sidewalk Inspection Program consisted of 16.5 miles of public sidewalk inspection and included 894 different properties, of which 70% were notified of defects. The City received compliance from the majority of the property owners who received notices regarding defective sidewalk; however 22 property owners did not complete the replacements as required. In these cases, the City performed the replacements by a private contractor, as provided by State statute, at a cost to the City of $9,393. In such situations, the policy of the City is to levy these costs against the abutting property owners in the form of a special assessment, including a 15% administrative fee. Public Works Director Mike Koch recommends that total assessments of $10,801.95 be levied against 22 property owners on 23 separate parcels of property. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen ~ MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Michael A. Koch, Public Works Director MEMORANDUM Janua~ 26,2004 TO: FROM: SUBJECT: Michael C. Van Milligen, City Manager Michael A. Koch, Public Works Director 2003 Sidewalk Assessment Project INTRODUCTION The enclosed material provides for the levy of special assessments for sidewalk replacements, which were performed by the City's contractor from the 2002-2003 Sidewalk Inspection Program. DISCUSSION The 2002-2003 Sidewalk Inspection Program consisted of 16.5 miles of public sidewalk inspection and included 894 different properties, of which 70% were notified of defects. The City received compliance from the majority of the property owners who received notices regarding defective sidewalk; however, 22 property owners did not complete the replacements as required. In these cases, the City performed the replacements by a private contractor as provided by State statute at a cost to the City of $9,393. In such situations, the policy of the City is to levy these costs against th.e abutting property owners in the form of a special assessment, including a 15% administrative charge. The total amount of the assessments would be $10,801.95, which is being levied against 23 separate parcels of property. 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 resolutions establishing the final assessment schedule. MAK/js Prepared by Jane Smith, Engineering Assistant RESOLUTION NO. 46~04 A RESOLUTION ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE 2003 SIDEWALK ASSESSMENT PROJECT INCLUDING CERTAIN INFORMATION REQUIRED BY THE CODE OF IOWA, SPECIFICALLY, THE NUMBER OF ANNUAL INSTALLMENTS INTO WHICH ASSESSMENTS ARE DIVIDED, THE INTERST ON ALL UNPAID INSTALLMENTS, THE TIME WHEN THE ASSESSMENTS ARE PAYABLE AND DIRECTING THE CLERK TO CERTIFY THE FINAL SCHEDULE AND TO PUBLIC NOTICE THEREOF NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That after full consideration of the final schedule of assessment proposed to be made for the construction of the 2003 Sidewalk Assessment Project under contract with Skyline Ce nstruction of Zwingle, Iowa, which final plat and schedule were filed in the office of the City Clerk on the 28m day of January, 2004, the said schedule of assessments be and the same is hereby approved and adopted. That there be, and is hereby assessed and levied as a special tax against and upon each of the lots, the respective sums indicated. Provided, further, that 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 schedule, subject to the provisions of Section 384.63 of the Code of Iowa. 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. That the City Clerk be and is hereby directed to certify said schedule 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 Section 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the final schedule. 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 and directed in Section 384.60 of the Code of Iowa. That assessments may be paid in full or in part without interest at the office of the City Treasurer, at any time within 30 days after the date of the first publication of this notice of the filing of the final schedule of assessments with the County Treasurer. After 30 days unpaid assessments of $100.00 or more are payable in 10 annual installments and will draw annual interest at nine (9) percent (commencing on the date of acceptance of the work) computed to the 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. Property owners may elect to pay any annual installments semiannually in advance. Passed, approved and adopted this 2nd day of February, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F: Schneider, CMC, City Cierk CITY OF DUBUQUE 2003 SIDEWALK ASSESSMENT PROJECT SCHEDULE OF FINAL ASSESSMENTS The following schedule is hereby determined to show each lot proposed to be assessed for the improvemer~ shown in the title together with the amount proposed to be assessed against each lot and the valuations shown oppos5e each lot are hereby fixed as the true valuations of such Iota by the City Council of the City of Dubuque, MAILING pROPERTY OWNER Pertly, GilbeU G, & Anne Cavanaugh, Bdan D. & Denise Debacker, Danell A Oppedah~, Mark A OppeS, David & Maurella Rennlson, Jennifer Eodnar, Patricia M, Associates Finance Inc Div Cl~i5nanclal Burke, Michael J. & Amy M Zodiac Properties LLC Bussan, Jeffrey A. & Georgia L, Hughes, Brian L. & Coleen R. Jelllson, Tina M. & Jason J. Copeland, Carol Schramm, Kada M. Schramm, Kada M. Lapage, Lester G. & Diane L. Meahs, Dolores Zelthskas-Palzkill, Ellen J. & 0radley Han0emann, Jane E. Kaita, Holly G. Kern, Paul E. White, Michael J. &Julie A. PARCEL # ~DDRESS 10~22-402-004 21t8 Momlngview 10-21-205-041 2241 Suzanne Ddve 10-26-428-006 40 Nevada 10-26-477.004 180 S. Sooth 10421-459-005 1726 Sharon 10-24-379-005 1130 Race 10-22-333-014 2065 Eroadlawn 10-24-208-023 1111 Northwest Ste 100 Bldg 4 10-26-428-001 90 Nevada t0-26-229J313 2840 Summer Drive 10-26-229~009 985 Nevada 10-26-284~001 1297 Langworthy 10-13-133-016 2943 Balke 10-13-462-010 1330 Locust 10-13-379-030 2305 Prince 10-24-287-001 2305 Prtnce 10-21-461-027 1702 Rlchle Drive 10-21-460-015 1703 Richie Drive Dubuque IA 52001 Dubuque IA 52001 Dubuque IA 52001 Dubuque IA 52001 Dubuque IA 52001 Dubuque IA 52001 Dubuque IA 52001 Coppell TX 75019 Dubuque IA 52001 Dubuque IA 52002 Dubuque IA 52001 Dubuque IA 52001 Dubuque iA 52001 Dubuque IA 52001 Dubuque IA 52001 Dubuque IA 52001 1499 Elm Dubuque tA 52002 1702 RIchle Drive Dubuque IA 52002 1703 Rlchle Drive Dubuque IA 62003 125 B. Hill Street Dubuque IA 52003 649 S. Grandview Dubuque IA 52001 3495 Windsor Dubuque IA 52003 74 S. Grandvlew Dubuque lA 52003 180 S. Grandview VALUATION WI LOCATION LEGAL IMPROVEMENT 21t8 Momlngview Lot 14 Btk 2 HillCrest Park $71,448.60 2241 Suzanne Drive Lot 12 BIk 5 Sunset Park #2 $85,429.20 40 Nevada Lot 5 Murphy Sub $70,857.20 180 S. Booth Lot 20 ML 149 & S.91' Lo11-19 ML t49 $205~376,80 1726 Sharon Lot 12 BIk 5 Key Knolls Sub $105,513.60 1130 Race N 19' Lot 14 & S 13' Lot 15 Cummtns Sub $58,275.60 2065 Eroadlawn Lot 7 BIk 5 Hillcrest Park $63,694.40 2107 Jackson Lot 1-1-1-1 Sub N 54' E 1/2 40 & E 1/2 39 LH Langworthy $70,312,00 90 Nevada S 50' Lot 10 Murphy Sub $77,185.00 925 Nevada Lot 2 Schiltz Sub $103,947.50 985 Nevada Lot 6 Schiltz Sub $80~285,00 1297 Langworthy Lot 1-28 J Longs Add $63,676.80 2943 Be]ko Lot 37 Belmont Addition $97,428.00 2217 Queen Lot I Sacred Heart Place $453,485,60 2409~24t 1 Jackson LOt 2 New Jackson Sub $39,61375 N 19.2' Lot 146 East Sub Add $26,928.75 Lot 1 BIk 4 Key Knolls Sub $95,947.20 Lot 1 Elk 3 Key Knolls Sub $109,285.00 Lot 1-1 Sub 24-25 Stewarts Sub ' S82,482,00 Lot 13 SIk 5 & Lot 14 Elk 5 Grandvlew Park Add $97,695,00 Lot 2-3 Stone Hill Comm. Sub #1 $131,124.40 Pt Lots 1-1-2-1 ~16 & 2-1-t-1-t6 & 1-16B McClalns Sub & 2-2 Wa[lis Heights $149,538.00 Lo~s 2-10, 1-12, 11 Wallis Hgts & Lots 1-2-16B McClains Sub $169,852.55 TOTAL ASSESSMENT $188.60 $239.20 $147.20 $496,80 $1,223.60 ;782.00 rt 15.00 ;828.00 H43.75 $368.00 NOTICE OF FILING OF THE FINAL SCHEDULE OF ASSESSMENTS AGAINST ABUTTING PROPERTIES FOR THE 2003 SIDEWALK ASSESSMENT PROJECT WITHIN THE CITY OF DUBUQUE, IOWA TO THE PROPERTY OWNERS OF THE FOLLOWING ABUTTING PROPERTIES FOR THE 2003 SIDEWALK ASSESSMENT PROJECT WITHIN THE CITY OF DUBUQUE, IOWA: Lot 14 BIk 2 Hillcrest Park Lot 12 BIk 5 Sunset Park #2 Lot 5 Murphy Sub Lot20 ML 149 & S.91' Lot 1-19 ML 149 Lot 12 BIk 5 Key Knolls Sub N 19' Lot 14 & S 13' Lot 15 Cummins Sub Lot 7 BIk 5 Hillcrest Park Lot 1-1-1-1 Sub N 54' E ¼ 40 & ½ 39 LH Langworthy S 50' Lot 10 Murphy Sub Lot 2 Schlitz Sub Lot 6 Schlitz Sub Lot 1-28 J Langs Add Lot 37 Belmont Addition Lot 1 Sacred Heart Place Lot 2 New Jackson Sub N. 19.2' Lot 146 East Sub Add Lot 1 BIk 4 Key Knolls Sub Lot 1 BIk 3 Key Knolls Sub Lot 1-1 Sub 24-25 Stewarts Sub Lot 13 BIk 5 & Lot 14 BIk 5 Grandview Park Add Lot 2-3 Stone Hill Comm. Sub #1 Pt Lots 1-1-2-1-16 & 2-1-1-1-16 & 1-16B McClains Sub & 2-2 Wallis Heights Lots 2-10, 1-12, 11 Wallis Hgts & Lots 1-2-16B McClains Sub You are hereby notified that the schedule of assessments against abutting properties has been adopted and assessments confirmed and levied by the City Council of Dubuque, Iowa, and that said schedule of assessments has been certified to the County Treasurer of Dubuque County, Iowa. Assessments of $100.00 or more are payable in 10 equal annual installments, with interest on the unpaid balance, all as provided in Section 384.65, Code of Iowa. Conditional deficiency assessments, if any, may be levied against the applicable property for the same period of years as the assessments are made payable. You are further notified that assessments may be paid in full or in part without interest at the office of the City Treasurer, at any time within 30 days after the date of the first publication of this notice of the filing of the schedule of assessments with the County Treasurer, which occurred on the __ day of Unless said assessments are paid in full within said 30-day period, all unpaid assessments will draw annual interest computed at 9 percent (commencing on the date of acceptance of the work) computed to December 1 next following the due dates of the respective installments. Each installment will be delinquent on September 30 following its due date on July 1 in each year. Property owners may elect to pay any annual installments semiannually in advance. All properties as described above have been assessed for the cost of the making of said improvements, the amount of each assessment and the amount of any conditional deficiency assessment having been set out in the schedule of assessments accompanying the same, which are now on file in the office of the County Treasurer of Dubuque County, Iowa. For further information you are referred to the schedule of assessments. This Notice given by direction of the City Council of the City of Dubuque, Iowa, as provided in Section 384.60 of the Code of Iowa. Jeanne F. Schneider, CMC, City Clerk CITY OF DUBUQUE, IOWA IMPROVEMENT CONTRACT ARTICLES OF AGREEMENT, made in triplicate, this ank4 day of , 2003, between the City of Dubuque, a Municipal Corporation of Dubuque County, Iowa, by its Manager, through authority conferred upon him by its Council, hereinafter called "City" and Skyline Storage & Trucking, Inc. of the City of Zwingle, Iowa, hereinafter called "Contractor". WITNESSETH: That for and in consideration of the mutual covenants herein contained, the parties hereto do agree with each other as follows: THE CONTRACTOR AGREES: To furnish all material and equipment and to perform all labor necessary for the 2003 City of Dubuque Sidewalk Assessment Project No. 1. Said improvement is to be made to the established grade and to the grades as shown on the profiles and cross-sections on file in the City Engineer's office for this improvement; in strict accordance with the requirements of the laws of the State of Iowa and ordinances of the City of Dubuque relating to public works, and in accordance with the "Contract Documents", all of which provisions and documents are each and all hereby referred to and made a part of this Contract just as much as if the detail statements thereof were repeated herein. II. The term "Contract Documents" as used herein shall mean and include the following: All ordinances and resolutions heretofore adopted by the City Council having to do with the improvements; the Notice to Bidders; the Contractor's Proposal; and the Plans, Specifications, and General Requirements as adopted by the City Council for this improvement. III. That all materials shall be the best of their several kinds and shall be put in place to the satisfaction of the City Manager. IV. That the Contractor will remove any materials rejected by the Engineer as defective or improper, or any of said work condemned as unsuitable or defective, and the same shall be replaced or done anew to the satisfaction of the Engineer at the cost and expense of the Contractor. V. Five percent (5%) of the Contract price shall be retained by the City for a period of thirty (30) days after final completion and acceptance of the work by the City Council to pay any claim that may be filed within said time for labor and materials done and furnished in connection with the performance of this Contract and for a longer period if such claims are not adjusted within that time. The City shall also retain additional sums to protect itself against any claim that has been filed against it for damages to persons or property arising through the prosecution of the work and such sums shall be held by the City until such claims have been settled, adjudicated or otherwise disposed of. VI. That the Contractor has read and understands the specifications including "General Requirements" and has examined and understands the plans herein referred to and agrees not to plead misunderstanding or deception because of estimates of quantity, character, location or other conditions surrounding the same. VII. That in addition to the guarantee provided for in the specifications, the Contractor will also make good any other defect in any part of the work due to improper construction notwithstanding the fact that said work may have been accepted and fully paid for by the City, and his bond shall be security therefor. VIII. That the Contractor will fully complete the work under this Contract on or before July 15, 2003. IX. That the Contractor shall indemnify, defend and save harmless the City from and against any and all claims, suits, loss, cost, charges, expense and counsel fees in any way arising from or through the negligence, want of care or fault of the Contractor or his agents, servants or employees in the conduct or construction of said work and any judgment which may be obtained against said City upon claims arising out of the conduct or prosecution of said work shall be conclusive evidence against said Contractor as the amount thereof and liability of said Contractor therefor, and said Contractor further agrees that so much of the monies due said Contractor under and by virtue of this Contract shall be considered necessary by the City may be retained by the City until all suits or claims for such damages shall have been settled and evidence to that effect furnished to the satisfaction of the City. The bond of the Contractor shall be security for the payment of such damages. THE CITY AGREES: Upon the completion of the Contract, and the acceptance of the improvement by the City Council, the City agrees to pay Contractor as full compensation for the complete performance of this Contract, the amount determined for the total number of units completed at the unit prices stated in the Contractor's Proposal and less any liquidated damages provided for in the Contract Documents. The number of units stated in the plans and specifications is approximate only and the final payment shall be made by the work covered by the Contract. CONTRACT AMOUNT $10,996.00 FURTHER CONDITIONS The Contractor hereby represents and guarantees that he has not, nor has any other person for or in his behalf, directly or indirectly, entered into any arrangement or agreement with any other bidder, or with any public officer, whereby he has paid or is to pay any other bidder or public officer any sum of money or anything of value whatever in order to obtain this Contract; and he has not, nor has another person for or in his behalf directly or indirectly, entered into any agreement or arrangement with any other person, firm, corporation or association which tends to or does lessen or destroy free competition in the letting of this Contract and agrees that in case it hereafter be established that such representations or guarantees, or any of them are false, he will forfeit and pay not less than ten percent (10%) of the Contract price but in no event be less than $500.00 (One Hundred and/00 Dollars) as liquidated damages to the City. The surety on the bond furnished for this Contract, shall in addition to all other provisions, be obligated to the extent provided for by Section 573.6 of the Code of Iowa, relating to this Contract, which provisions apply to said bond. The Contractor agrees, and his bond shall be surety therefore, that he will keep and maintain said improvement in good repair for a period of two (2) years after acceptance of the same by the City Council of said City and his bond shall be security therefore. IN WITNESS HEREOF, the respective parties hereto have caused this instrument to be duly subscribed and sealed and executed in triplicate the day and year first above written. BY: ITY ®F i,UBUQU OWA City Manager 51< ,,,,,._ Ck,,5 t.wC Contractor CERTIFICATE OF CITY CLERK This is to certify that a certified copy office on the / -'. day of # t .e above Contract has been filed in my 4 , 2003. anne F. Schneider, CMC, City Clerk CITY OF DUBUQUE, IOWA CONTRACTOR'S IMPROVEMENT BOND KNOWN ALL MEN BY THESE PRESENTS: That Skyline Storage & Trucking, Inc. as Principal and NATIONWIDE MUTUAL INS *CGS Surety are held firmly bound unto the City of Dubuque, Iowa, in the penal sum of $10,996.00 the same being 100% of the total price of the contract for the public improvement herein referred to, lawful money of the United States of America, well and truly to be paid to said City of Dubuque, and to all other parties who, under the provisions of the laws of Iowa, are intended to be protected and secured hereby for which payment we bind ourselves, our heirs, executors, successors and assigns, jointly and severally by these presents. Dated at Dubuque, Iowa, this and duly attested and sealed. 27th day of June , 2003, WHEREAS, the said Contractor by a written contract has agreed with said City of Dubuque to perform all labor and furnish all materials required to be performed and furnished for the 2003 City of Dubuque Sidewalk Assessment Project No. 1 according to the contract and plans and specifications prepared therefor; and WHEREAS, the Contractor is required to promptly pay all claims for labor and materials furnished in the performance of the contract and also to save harmless said City from damage claims to person and property arising through the performance of the work; and WHEREAS, said Contractor is obligated and bound by his contract to keep and maintain said improvement in good repair for a period of two (2) year(s) after acceptance of the same by the City Council of said City and this bond shall be security therefor. NOW, THEREFORE, the condition of this obligation is such that if the said Contractor shall perform all of the work contemplated by the Contract in a workmanlike manner and in strict compliance with the plans and specifications, and will pay all claims for labor and materials used in connection with said improvement, to indemnify the said City for all damages, costs and expense incurred by reason of damages to persons or property arising through the performance of said Contract, and will reimburse the City for any outlay of money which it may be required to make in order to complete said Contract according to the plans and specifications and will maintain in good repair said improvement for the period specified in the Contract where this bond is obligated for maintenance, and will faithfully comply with all of the provisions of Section 573 of the Code of Iowa, then this obligation shall be null and void, otherwise it shall remain in full force and effect. All the conditions of this bond must be fully complied with before the principal or his surety will be released. The Contract, Contractor's Proposal, and plans and specifications shall be considered as a part of this Bond just as if their terms were repeated herein. Dated at Dubuque, Iowa this 2 7th day of June , 2003. Skyline Storage & Trucking Inc. Nationwide Mutual Ins Company Surety Ron L Oberbroeckling Attorney in Fact ,) /4/ Attorney in Fact APPROVED. /1q1b/ ((v) Cify Manager 157236 - Power of Attorney KNOW ALL MEN BY THESE PRESENTS THAT Nationwide Mutual Insurance Company, a corporation organized under the laws of the State of Ohio, with its principal office in the City of Columbus, Ohio, hereinafter called "Company", does hereby make, constitute and appoint RON L. OBERBROECKLING DIANE M. SCHMITT DUBUQUE IA each in their individual capacity, its true and lawful Attorney -In -Fact with full power and authority to sign, seal, and execute in its behalf any and all bonds and undertakings and other obligatory instruments of similar nature in penalties not exceeding the sum of ONE HUNDRED THOUSAND AND NO/100 DOLLARS $ 100,000.00 and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company. "RESOLVED, that the President, or any°•Senior Vice President, Resident Vice President or Second Vice President by, and the same hereby is, authorized and empowered to appoint Attorneys -In -Fact of the Company and to authorized them to execute any and all bonds, undertakings, recognizances, contracts of indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other writings obligatory in nature which the business of the Company may require; and to modify or revoke, with or without cause, any such appointment or authority. The authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." "RESOLVED FURTHER, that such Attorneys -In -Fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company, subject to the terms and limitations of the power of attorney issued to them, and to affix the seal of the Company thereto, provided, however, that said seal shall not be necessary for the validity of any such documents." This Power of Attorney is signed and sealed by facsimile under and by the following By -Laws duly adopted by the Board of Directors of the Company. ARTICLE VIII "Section 10. Execution of instruments . Any Vice President and any Assistant Secretary or Assistant Treasurer shall have the power and authority to sign or attest all approved documents, instruments, contracts or other papers in connection with the operation of the business of the company in addition to the Chairman and Chief Executive Officer, President, Treasurer and Secretary; provided, however, the signature of any of them may be printed, engraved or stamped on any approved document, contract, instrument or other papers of the Company. IN WITNESS WHEREOF, the said Nationwide Mutual Insurance Company has caused this instrument to be sealed and duly attested by the signature of its Vice President the 28th day of April, 1999. +40!60,, osto- STATE OF IOWA $ % COUNTY OF POLK SS ®�=si On this 28th day of April, 1999, before me came the above named Vice President for Nationwide Mutual Insurance Company, to me personally known to be the officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposes and says, that he is the officer of the Company aforesaid, that theseal affixed thereto is the corporate seal of said Company, and the said corporate seal and his signature were duly affixed and subscribed to said instrument by the authority and direction of said Company. ACKNOWLEDGMENT By: SANDY AUTZ MY COMMISSION EXPIRES March 4.200'2 CERTIFICATE Notary Public My Commission expires March 24, 2002 I, John F. Delaloye, Assistant Secretary of Nationwide Mutual Insurance Company, do hereby certify that the Resolution included herein is a true and correct transcript from the minutes of the meeting of the Board of Directors duly called and held on the 6th day of September, 1967, and the same has not been revoked or amended in any manner; that said Stephen S. Rasmussen was on the date of the execution of the foregoing Power of Attorney the duly elected Vice President of Nationwide Mutual Insurance Company and the corporate seal and his signature as Vice President were duly affixed and subscribed to the said instrument by the authority of said Board of Directors. IN WITNESS WHEREOF, I have hereunto subscribed my name as Assistant Secretary, and affixed the corporate seal of said Company this day of 04898 Bc11 (04-00) 00 This Power of Attorney expires 04/24/04 Assistant Secretary