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2011 Sidewalk Assessment Project_80-82 Clarke DriveMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Sidewalk Assessment Project DATE: May 3, 2011 Dubuque Will M- America City 2007 City Engineer Gus Psihoyos is recommending approval of the final assessments for the sidewalk assessment project at 80 -82 Clarke Drive. I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM:jk Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer Michael C. Van Milligen Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Mana FROM: Gus Psihoyos, City Engineer SUBJECT: Sidewalk Assessment Project CIP 1001108 DATE: May 2, 2011 INTRODUCTION BACKGROUND DISCUSSION e Dubuque kritd AI- Ammlcacity IV 2007 The enclosed resolutions provide for the establishment of the final assessment for the sidewalk assessment project at 80 -82 Clarke Drive. On November 2, 2010 a letter was sent to Mr. and Mrs. Larry Husemann, owners of 80- 82 Clarke Drive, informing them that the contractor they hired had not followed City codes relative to obtaining a permit or providing proper safety protections. Previous phone conversations with the owners did not result in placement of safety measures or completion of work. Notice was given for completion of work within fifteen (15) days from the date of that November 2, 2010 notice. Failure to comply resulted in the City contracting this work. The resulting assessment reflects the placement of safety barricading and concrete replacement totaling $614.20 plus $25.00 administrative fee for a total of $639.20. Iowa State Code Section 364.12c -e and City Code Title 10- 1 -2B -D state the owner of any lot or parcel shall maintain said sidewalk free from cracks, holes and unevenness so that the sidewalk does not constitute a safety hazard, and if after proper notification the work is not completed, the City has cause to perform the required actions and assess those costs. BUDGET IMPACT The resulting assessment was funded through the Sidewalk Inspection Program — Assessable Capital Improvement Project (CIP 1001108) and revenue from this assessment will be placed in the General Special Assessment Fund (CIP 25510255). RECOMMENDATION The City Council is requested to adopt the attached resolution approving the Final Schedule of Assessment for the sidewalk replacement at 80 -82 Clarke Drive. Prepared by: Jane Smith, Engineering Assistant II cc: Jenny Larson, Budget Director Jon Dienst, PE RESOLUTION NO. 162-11 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 Sidewalk Assessment Project. 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 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. Attest: Passed, approved and adopted this 16th Kevin S. Firns : , I, Acting City Clerk ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE SIDEWALK ASSESSMENT PROJECT day of May , 2 0 Roy D. Buol, Mayor NOTICE TO PROPERTY OWNERS FOR FILING OF THE FINAL ASSESSMENT SCHEDULE FOR SIDEWALK ASSESSMENT PROJECT TO THE PERSONS OWNING PROPERTY WITHIN THE DISTRICT DESCRIBED AS FOLLOWS IN THE CITY OF DUBUQUE, IOWA: The public improvement and location is as follows: Sidewalk Assessment Project Consisting of the properties which are described as follows: Lot 1 & 2 -2 Duncan Sub 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. 13 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. Kevin S. Firnstahl, Acting City Clerk CITY OF DUBUQUE IOWA 2011 SIDEWALK ASSESSMENT PROJECT FINAL ASSESSMENTS DATE: APRIL 25, 2011 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 valuation shown opposite each lot are herby fixes as the true valuations of such lots by the City Council of the City of Dubuque Property Owner Husemann, Larry H & Brenda A Lot Description Parcel # Valuation Valuation w /Impr Assessment Total Net Assessment Lot 1 & 2 -2 Duncan Sub 10 24 260 003 $85,800 $86,439.30 $639.20 $639.20 NOTICE TO PROPERTY OWNERS FOR FILING OF THE FINAL ASSESSMENT SCHEDULE FOR SIDEWALK ASSESSMENT PROJECT TO THE PERSONS OWNING PROPERTY WITHIN THE DISTRICT DESCRIBED AS FOLLOWS IN THE CITY OF DUBUQUE, IOWA: The public improvement and location is as follows: Sidewalk Assessment Project Consisting of the properties which are described as follows: Lot 1 & 2 -2 Duncan Sub 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. 13 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. evin S. Fir stahl, Acting City Clerk NOTICE TO PROPERTY OWNERS FOR FILING OF THE ' FINAL ASSESSMENT SCHEDULE FOR SIDEWALK ASSESSMENT PROJECT= TO THE PERSONS OWNING PROPERTY WITHIN THE DISTRICT DESCRIBED AS FOL- LOWS IN THE CITY OF DUBUQUE, IOWA: The public improve- ment and location is as follows: Sidewalk Assessment Project Consisting of the properties which are described as follows: Lot 1 & 2 -2 Duncan Sub You are hereby noti- fied that the Final Schedule of Assess- ments against the benefited properties within the District de- scribed above, a copy of which Final Sched- ule of Assessments is attached hereto, has been adopted and the assessments con- firmed by the City Council of the City of Dubuque, Iowa, and that said Final Sched- ule 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 Treas- urer, City Hall, 50 W. 13th Street, Dubuque, Iowa, at any with- in 30 days after the date of the first notice of the Final Schedule of Assessments. There- after, unpaid assess- ments of $100.00 or more are payable in 10 annual installments at the County Treasurer's Office, Dubuque Coun- ' ty Courthouse, 720 Central Avenue, Dubu- que, Iowa, and will draw annual interest at nine percent (9 %) com- puted to December 1 next following the due dates of the respective installments as provid- ed in Section 384.65 of the Code of Iowa. Each installment will be de- linquent 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 in- stallments will draw the same delinquent interest as ordinary taxes. Property owners may elect to pay any annual installments - semi- annually in ad- vance. Kevin S. Firnstahl, Acting.City Clerk 2t 5/19, 26 STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: May 19 & 26, 2011, and for which the charge is $42.30. Subscribed to before me y N , otary Public in and for Dubuque County, Iowa, d this I day of ' /�- , 20 // - otary Public in and for Dubuque County, Iowa. MARY K, WIST RM 1 Commieiion Nl+mbar 154, ,' CITY OF DUBUQUE IOWA 2011 SIDEWALK ASSESSMENT PROJECT FINAL ASSESSMENTS DATE: APRIL 25, 2011 The following sched- ule is hereby deter- mined to show each lot proposed to be as- sessed for the im- provement shown in the title together with the amount proposed to be assessed against • each lot and the valua- tion shown opposite each lot are herby fixes as the true valuations of such lots by the City Council of the City of Dubuque Property Owner, Lot Description, Parcel #, valuation, Valua- tion, w/Impr, Assess- ment, Total Net As- sessment Husemann, Larry H & Brenda A, Lot 1 & 2 -2 Duncan, Sub 10 24 260 003, $85,800, $86,439.30, $639.20; $639.20 2t 5/19, 26 STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: May 19 & 26, 2011, and for which the charge is $15.75. 4:11 A44 o MARY K: WE6TRM Com ini @ti t1iII!ef 114 ^ Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this 0d6-1i day of te/ , 204/ . Notary Public in and for Dubuque County, Iowa.