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2001 Sidewalk Assesssment ProMEMORANDUM January 15, 2002 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager 2001 Sidewalk Assessment Project Public Works Director Mike Koch is recommending approval of the final assessment schedule for the 2001 Sidewalk Assessment Project. 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 TO: FROM: SUBJECT: CITY OF DUBUQUE, IOWA MEMORANDUM January 15, 2002 Michael C. Van Milligen, City Manager Michael A. Koch, Public Works Director 2001 Sidewalk Assessment Project ~ ~ INTRODUCTION The enclosed material provides for the levy of special assessments for the sidewalk replacement that was performed by the City as part of the 2001 Sidewalk Assessment Project. DISCUSSION The 2001 Sidewalk Inspection Program consisted of approximately 12.7 miles consisting of 700 properties of which 401 were notified of defects. The City received compliance from the majority of the property owners who received notices regarding defective sidewalk; however, 21 property owners did not comply with the required replacements. In these cases, the City performed the replacements by a private contractor as provided by State Statute at a cost to the City of $6,247.60. 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 charge. The total amount of the assessments would be $7,184.74, which is being levied against 21 separate parcels of property. RECOMMENDATION would recommend that the City Council approve the final assessment schedule as attached. ACTION TO BE TAKEN The City Council is requested to adopt the attached resolutions establishing the final assessment schedule. Prepared by Jane Smith cc: Pauline Joyce, Administrative Services Manager Prepared by: Michael A. Koch, Public Works Director Address: 50 West 13th Street, Dubuque, IA 52001 RESOLUTION NO. 17-02 A RESOLUTION ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE 2001 SIDEWALK ASSESSMENT PROJECT INCLUDING CERTAIN INFORMATION REQUIRED BY THE CODE OF IOWA, SPECIFICALLY, THE NUMBER OF ANNUAL INSTALLMENTS INTO WHICH ASSESSMENTS ARE DIVIDED, THE INTEREST ON ALL UNPAID INSTALLMENTSl THE TIME WHEN THE ASSESSMENTS ARE PAYABLE AND DIRECTING THE CLERK TO CERTIFY THE FINAL SCHEDULE AND TO PUBLISH 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 assessments and accompanying plat showing the assessments proposed to be made for the construction of the 2001 Sidewalk Assessment Project under contract with Kluck Construction of Dubuque, Iowa, which final plat and schedule were filed in the office of the City Clerk on the 16th day of January, 2002, 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 previsions 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 County Treasurer, at any time within 30 days after the date of the first publication of this notice ofthe filing of the final schedule of assessments with the County Treasurer. After 30 days unpaid assessments of $50.00 or more are payable in 10 annual installments and will draw annual interest at nine 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. Properb! owners may elect to pay any annual installments semiannually in advance. Passed, approved and adopted this, 21st day of ~]anuary ,2002. Ann E. Michalski, Mayor Pro-Tem Attest: Jeanne F. schneider, City Clerk NOTICE OF FILING OF THE FINAL PLAT AND SCHEDULE OF ASSESSMENTS AGAINST ABUTTING PROPERTIES FOR THE 2001 SIDEWALK ASSESSMENT PROJECT WITHIN THE CITY OF DUBUQUE, IOWA TO THE PROPERTY OWNERS OF THE FOLLOWING ABUTTING PROPERTIES FOR THE 2001 SIDEWALK ASSESSMENT PROJECT WITHIN THE CITY OF DUBUQUE, IOWA: 1. Lot 2 S 36' 56 & All 55 LH Langs Addition 2. Lot 15 BIk 9 Arbor Oaks 3. Lot 5 Re-Plat Block 8 Arbor Oaks 4. E. 65' Lot 15 LH Langworthy Sub. 5. Lot 102 Cox's Addition 6. Lot 1 Sub Lots 30 & 31, Lot 4 Sub Lots 30 & 31 7. Lot 22 CA Voelkers Addition 8. Lot 1 of 57 LH Langworthy's Addition 9. Lot 12 Block 4 Scenic View Hgts. #3 10. Lot 4 Block 2 Scenic View Hgts. #3 11. Lot 4 Mineral Lot 39 12. Lot 6 Ryders Sub. 13. W. 50' Lot 59 & 1-60 Oak Grove Add. 14. Lot 2 Block 6 St. Anne's Sub. 15. Lot 1 Block 7 Mettel Brooks Addition 16. S. 32' W. ¼ Lot 44 LH Langworthy's Sub. 17. W ¼ Lot 43 & S 28' W ¼ Lot 42 LH Langworthy 18. Lot 29 Block 4 Sunset Park #2 19. Lot 172 & N. 12-1/2" L 171 Woodland Park Add. 20. Lot 14 BIk 6 Sunset Park #2 21. S 50' Lot 22 & 23 Busemans Sub. #1 You are hereby notified that the final plat and schedule of assessments against abutting properties, has been adopted and assessments confirmed and levied by the City Council of Dubuque, Iowa, and that said plat and schedule of assessments has been certified to the County Treasurer of Dubuque County, Iowa. Assessment 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, City 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 County Treasurer, at any time within 30 days after the date of the first publication of this notice of the filing of the final plat and 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 and plat 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 said plat and 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 City Code of Iowa. Jeanne A. Schneider City Clerk