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Special Assessment_2272 Central Avenue Snow Removal ROWTHE CITY OF Dui Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Snow Removal Assessment DATE: March 27, 2014 Dubuque band AI -America City r 2007 • 2012 • 2013 City Engineer Gus Psihoyos recommends City Council approval of the Final Assessment Schedule for two properties for the 2013-2014 Snow Removal from City Right -of -Way Program in the amount of $330. Though many properties have been cleared of snow and billed during the season, these two properties are the subject of an impending Sheriff's sale and warrant early assessment to assure City costs pertaining to snow removal are recorded to be recouped prior to, or as the result of the Sheriff's sale. I concur with the recommendation and respectfully request Mayor and City Council approval. Mic ael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Gus Psihoyos, City Engineer THE CITY OF DUB Masterpiece on the Mississippi Dubuque bilifil All-ACity `1 11 meda 1' 2007 • 2012 • 2013 TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer , SUBJECT: Snow Removal Assessment DATE: March 25, 2014 INTRODUCTION The enclosed resolutions provide for the establishment of the final assessment for two properties for the 2013-2014 Snow Removal from City Right -Of -Way Program. BACKGROUND Though the winter season is ongoing, these two properties came to City staff's attention as being on the Sheriff's sale list. Iowa State Code Section 364.12b states the abutting property owner is responsible "for the removal of the natural accumulations of snow and ice from the sidewalks within a reasonable amount of time and may be liable for damages caused by the failure of the abutting property owner to use reasonable care in the removal of the snow or ice." City Code of Ordinance 10-1-3-C-1 addresses the duties of the abutting owner, removal by City, and the collection of costs. Though many properties have been cleared of snow and billed during the season; these two properties, due to the impending Sherriff's sale warrant early assessment to assure City costs pertaining to snow removal are recorded to be recouped prior to, or as the result of the Sheriff's sale. DISCUSSION The Final Schedule of Assessment for snow removal for the two Tots at 2272 Central Avenue is $330.00 ($255.00 plus $75.00 for administrative fees.) BUDGET IMPACT The Sidewalk Inspection Program — Assessable Capital Improvement Project (CIP 1001108) is a general fund — liens account, which will receive the $330.00 payment. The General Special Assessment Fund (CIP 25510255) covers the cost of contracting and the revenue from those assessments. RECOMMENDATION I recommend City Council approve the resolutions establishing this Final Assessment Schedule for the Snow Removal from City Right -Of -Way in the amount of $330.00. The City Council is requested to approve the attached resolutions establishing the Final Assessment Schedule for Snow Removal from City Right -of -Way for this property. Prepared by: Tom Kopp, Engineering Technician cc: Jenny Larson, Budget Director Jon Dienst, PE RESOLUTION NO. 97-14 ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE 2013-2014 SNOW REMOVAL ASSESSMENT — RIGHT-OF-WAY OBSTRUCTION REMOVAL ASSESSMENT PROJECT 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 2 inclusive; is hereby approved for the Snow Removal Assessment — Right -of -Way Obstruction Removal 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. 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. Passed, approved and adopted this 7th .day of April, 2014. Attest: Key' Firnstahl, CMC, City Clerk DSO Roy D. Buol, Mayor NOTICE TO PROPERTY OWNERS FOR FILING OF THE FINAL ASSESSMENT SCHEDULE FOR SNOW REMOVAL IN THE PUBLIC RIGHT-OF-WAY 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: Snow Removal Assessment — Right -of -Way Obstruction Removal Assessment Project Consisting of the properties which are described as follows: 2272 Central Avenue, 1024130005, W 1/ -5'/: -5'% -LOT 16P L H LANGWORTHY"S ADD, $35,610.00, $175.00 Central Avenue, 102430006, Lot -14N L H LANGWORTHY'S ADD, $12,360.00, $155.00 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 $500.00 or more are payable in 15 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 Firnstahl, CMC, City Clerk CITY OF DUBUQUE, IOWA 2013-2014 SIDEWALK SHOVELING ASSESSMENTS FINAL ASSESSMENTS DATE: February 18,2014 The following schedulers hereby determined to show each lot proposed to beassessed for the improvement shown in the ti0e together with th amount proposed to be assessed gains each lot and the valuations shown opposite each lot are hereby fixed as the true valuations of such PROPERTY OWNER NAME LOT DESCRIPTION PARCEL NUMBER MAILING ADDRESS City, State, Zip STREET ADDRESS VALUATION WITH IMPROVEMENT SIDEWALK ASSESSME NT ADMINIST HATNE FEE TOTAL NET ASSESSMENT KeIb M. Sr. &Dawn M. Jellison W12-812-8311LOT 16P L H LANOWO RTHY'8500 1024130005 2272 Cental Avenue Dubuque,IA 52001 2272 Central Avenue 8 35,610 00 8 15000 8 25.00 0 17500 kelt M. Sr. &Dawn M. JeflI50r L011-14NLHLANOWOHI HY SAUU 1U241f1_Iuub 2212 Cental Avenue OubuquelA 51111 Central Menus 0 12jbUuu 8 10500 8 50.00 8 15511 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: April 11 & 18, 2014, and for which the charge is $59.52. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this ee6t7tee day of , 20/ - 2na-ay.t;e./ Notary Public in and for Dubuque County, Iowa. MARY K, WESTERMEYER Commission Number 154885 My Comm. Exp. FEB, 1, 2017 NOTICE TO PROPERTY OWNS S FO PILIN OPT E FINAL ASSESSMENT SCHEDULEQ SNOW -REMOVAL IN THE PUBLIC RIGHT-OF-WAY TO THE PERSONS OWNING PROPERTY. ' ' WITHIN THE' DIS- TRICT DESCRIBED AS FOLLOWS IN THE CITY OF DUBUQUE, 1OWAi The public Improve- ent and location Is as lows: snow Removal As • - Sessment - Right -of - Way Obstruction Re- moval Assessment • is Consisting of . the properties Which are 1 desorlbed as follows: Property, Owner Name, Lot Descrip- don, Parcel. Number, Mailing Address, City State, Zip, Street Address, Valu- atl$n with Improve- mAlft, Sidewalk As- sessment, Adminis- trative Fee, Total Net Assessment Kelly M. Sr. & Dawn M. lelllson, W 1/2-S 1/2-S 3/4 -LOT 16P L H Langworths Add, 1024130005y, 2272 Cen- 'tral Avenue, Dubuque IA 52001, 2272 Centra! Avenue, $35,810.00, $150.00, $25.00, $175.00 ‘Kelly M. Sr. & Dawn M. J I flsQn, LOT 1-14N L H .b gwofthy's Add, 16241 0068, 2272 Ceb- tral Avenue, Dubuque, IA 52001, Central Ave - 1 4,s-auuV, $105.00, $50.00, $155.V.00 You are hereby nota -i fled that the Final. Schedule of Assess- ments againstthe benefited properties within the DIstrl'ct 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. I 13th Street, Dubuque, ' I Iowa, at any time with- ! In 30 days after the date el the first notice of the Final Schedule of ASsessments. There- , after, unpaid assess- ments of $100.00 or more are payable 1n 10 anfdal Installments, at the County Treaturer's Office, Dubuque Coun- ty Courthouse, 720 rCentral Avenue, Dubu- e, Iowa; and willi :nndraw annual Interest at puted eto! December 1 next following the due dates of the respective installments as provid- Id In Section 384.65 of the Code of Iowa: Each Installment will be de- linquent from October 1 folk ymg as cue pate on July 1 of each year. - However, when the last day of,September Is a Saturday or .Sunday, 'that "amount shall be dellnquent from the second business day of Qctober. Delinquent In -1 stallments will draw the,. same -delinquent interest as ordinaryi =y owners may elect to pay any annual installments • semi-annually In ad- vance. Kevin S. Plrnstahl, CMC, City Clerk 2t 4/11, 18 taxes. Proo