HomeMy WebLinkAboutRESOLUTION NO. 6-11-91b .kJega115862fai\m.doc
RESOLUTION NO. � ;1
Proposed Resolution of Necessity
WHEREAS., this Council has adopted a preliminary resolution
is accordance with Section 384.42 of the Code of Iowa, covering
the 1991 Street Improvements Project (the '"Project") ; and
WHEREAS, pursuant thereto, the Project Engineers have
prepared preliminary plans and specifications, an estimated total
cost of the work and a plat and schedule, including the valuation
of each lot as determined by this Council, and the same have been
duly adopted and are now on file with the City Clerk;
NOW, THEREFORE, Be It Resolved by the City Council of the
City of Fairfax, Iowa:
Section 1. It is hereby found and determined to be
necessary and for the best interest of the City and its
inhabitants to proceed with the Project, and to assess the cost
or a portion thereof to the property benefited thereby.
Section 2 . The Project shall constitute a single
improvement and shall consist generally of the construction of
street improvements and other work incidental thereto on and
along certain streets, all as more particularly described in the
preliminary resolution relating to the Project previously adopted
by this Council, which resolution is hereby referred to for a
more complete description of the location and terminal points of
the Project and the property benefited thereby and proposed to be
assessed to pay the cost or a portion of the cost of the Project.
The location and terminal points of the Project are further
described in the notice to property owners in Section 7 hereof.
Section 3 . It is hereby found and determined that there
are now on file in the office of the City Clerk an estimated
total cost of the proposed work and a preliminary plat and
schedule showing the amount proposed to be assessed to each lot
by reason of the Project.
Section 4 . This Council will meet at ~�; �) 0
o'clock .m. , on the ^` day of .. .: � , 19' I1,
at the �, r. ," (�.. , in the City, at which
time and place iq,--will hear the property owners subject to the
proposed assessment or assessments and interested parties for or
against the Project, its cost, the assessment thereof or the
boundaries of the properties to be assessed. Unless a property
owner files objections with the City Clerk at the time of the
hearing on the resolution of necessity, he shall be deemed to ,
have waived all objections pertaining to the regularity of the
proceedings and the legality of using the special assessment
procedure.
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DORSEY & 'WHITNEY, ATTORNEYS, DES MOINES, IOWA
f;�ge115862fai1rn,doc ',
Section 5. The City Clerk is authorized and directed to
give notice as required by Section 384 . 50 of . the Code of Iowa by
publication once each week for two consecutive weeks prior to the
hearing in a newspaper published at least once weekly and having
general circulation in the City. The first publication of such
notice in such newspaper shall be not less than 10 nor more than
20 days prior to the hearing.
Section 6. The City Clerk shall likewise mail a copy of
such notice by regular mail to each property owner whose property
is subject to assessment for the Project, as shown by the records
in the office of the County Auditor not less than 15 days prior
to the hearing on this resolution.
Section 7. Such notice shall be in form substantially as
follows:
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DORSEY & 'WHITNEY, ATTORNEYS, DES MOINES, IOWA
I
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NOTICE TO PROPERTY OWNERS
NOTICE IS GIVEN: That there are now on file for public
inspection in the office of the City Clerk of the City of
Fairfax, Iowa, a proposed resolution of necessity, an estimate of
cost and a plat and schedul.e showing the amounts proposed to, be
as a roved nst each
the:and Cit Council heion of each lot' within a
district
pp y y of Fairfax, Iowa, for
street improvements, described in general as the 1991 Street
Improvements Project, of the type and in the location as follows:
Description of the Wipe and Location of the Improvement:
The 1991 Street Improvements Project shall consist of the
construction of street improvements and other work incidental
thereto on and along certain streets in the City of Fairfax,
Iowa, as follows:
On Church Street: From a point on the centerline 40 feet
east of U.S. Highway 151, east to a point
180 feet east of the intersection of
Vanderbilt and Church Streets
On. Vanderbilt Street: From the centerline of Linn Street north
to the north line of Knickerbocker's
Addition
On Main Street: From a point 43.. 5 feet west of the
intersection of Vanderbilt and Main
Streets east to a point 43 . 5 feet east of
the intersection of Vanderbilt and Main
Streets
�On Railroad Street: From a point 38. 5 feet west of the
intersection of Vanderbilt and Railroad
Streets east to a point 38. 5 feet east of
the intersection of Vanderbilt and
Railroad Streets
On Losey Street: From a point 150 feet west of the
intersection of Vanderbilt and Losey
Streets east to the centerline of
Vanderbilt Street
It is considered that the following described property will
be benefited by this improvement and, should be specially
assessed:
Lots 1 through 5, Block 1, the Original Town of Vanderbilt
Lots 5 through "7', Block 2, the Original Town of Vanderbilt
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DORSEY &'WHITNEY, ATTORNEYS, DES MOINES, IOWA
fA1GP115862fai\M.d0c
Lots 3 through .6, Block 7, the Original Town of Vanderbilt
Lots 1 through 14, Block 8, the Original Town of Vanderbilt
Lots 1 through 6, and 18, Knickerbocker's Addition
Lot 1, Zamasti 's First Addition
Lots 1, 5 through 11, 13 through 16, and 19 through 22,
Irregular Survey,, Section 16-28-8
Lot 3, Irregular Survey, Section 9-82-8
Abutting portions of Chicago Northwestern Railroad
The Council will meet at ' " vo o'clock �.m. , on the
day of ( _���_� . , 1991, at the
,> UFairfa , Iowa, at which time
the owners of the roperty subject to assessment for the proposed
improvement or any other person having an interest in the matter
may appear and be heard for or against the making of the
improvement, the boundaries of the district, the cost, the
assessment against any lot or the final adoption of a resolution
of necessity. A property owner will be deemed to have waived all
objections unless at the time of hearing he has filed objections
with the City Clerk.
Virginia Soukup
City Clerk
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DORSEY & WHITNEY, ATTORNEYS, DES MOINES, IOWA
ftVega115862fii\rn.doc
Section 8. All resolutions, parts of resolutions, or
actions of the Council in conflict herewith be and the same are
hereby repealed, to the extent of such conflict.
Passed and approved June 11,11 99 .
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J
i
ayor
Attest:
City lerk
There being no further busin%ss o come before the meeting,
it was upon motion adjourned.
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1
ay r
Attest:
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City erk l;
DORSEY & 'WHITNEY, ATTORNEYS, DES MOINES, IOWA