RESOLUTION NO. 2024-18
Resolution to Adopt the Preliminary Assessment Plat and Schedule and Estimate of Project Costs and Scheduling a Public Hearing on the Proposed Resolution of Necessity
WHEREAS, the City Council of the City of Monticello, Iowa, has adopted a preliminary resolution in accordance with Section 384.42 of the Code of Iowa, related to the 2024 N. Chestnut Street Reconstruction 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 Preliminary Assessment Plat and Schedule, including the valuation of each lot as determined to be appropriate by the Council, and the Council finds that same should be adopted and approved and placed on file with the City Clerk.
NOW, THEREFORE, The Monticello City Council, in session this 16th day of January, 2024, does hereby adopt the Preliminary Assessment Plat and Schedule and estimate of project cost that has been prepared by the Project Engineer, Snyder & Associates, and hereby schedules a Public Hearing on a proposed Resolution of Necessity, same being appended hereto, pertaining to the 2024 N. Chestnut Street Reconstruction project, for the 5th day of February, 2024 at 6:00 p.m. on said date at the Monticello Renaissance Center, Community Media Center a/k/a City Council Chambers, 220 E. 1st Street, Monticello, IA 52310.
Passed and approved January 16, 2024.
Wayne Peach, Mayor
Attest:
Sally Hinrichsen, City Clerk/Treasurer
Proposed
Resolution of Necessity
WHEREAS, the City Council of the City of Monticello, Iowa, has adopted a preliminary resolution in accordance with Section 384.42 of the Code of Iowa, pertaining to the 2024 N. Chestnut Street Reconstruction 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 to be appropriate by the City Council, and the same have been duly adopted and are now on file with the City Clerk;
NOW, THEREFORE, It Is Resolved by the City Council of the City of Monticello, Iowa:
Section 1. It is hereby found and determined to be necessary and in the best interest of the City and its inhabitants to proceed with the Project, and to assess a portion of the cost to the property benefitted thereby.
Section 2. The Project shall consist of the reconstruction and surfacing of streets, including the construction of curb and gutter improvements, storm sewer and drainage improvements, water system extensions, improvements and connections, sanitary sewer system extensions, improvements and connections, sidewalk and driveway approach reconstructions, pedestrian ramps, lighting, and other work incidental thereto on and along certain streets in the City of Monticello, Iowa, as follows:
N. Chestnut Street, from and including the intersection with 2nd Street, through the intersection with 3rd Street, including portions of 2nd and 3rd Streets to provide transitions to existing infrastructure.
Section 3. The assessable portion of the 2024 N. Chestnut Street Reconstruction Project shall consist of 100% of the cost of curb and gutter improvements, 100% of the cost of reconstruction of driveway approaches, and driveways where appropriate, and 50% of the cost of the construction and reconstruction of sidewalks. It is considered that all properties abutting the above described segments of streets to be improved will be specially benefited from this improvement and should be specially assessed.
The City Council will consider the granting of a credit against proposed assessments if the property owner to be assessed provides evidence found sufficient by the Council that sidewalks or driveway approaches have been replaced within the past ten (10) years and remain in good condition.
Section 4. Unless a property owner filed objections with the City Clerk at the time of the hearing on this resolution of necessity, the property owner shall be deemed to have waived all objections pertaining to the regularity of the proceedings and the legality of using the special assessment procedure.
Section 5. All resolutions, parts of resolutions, or actions of the Council in conflict herewith are hereby repealed, to the extent of such conflict.
Passed and approved the 16th day of January, 2024.
Wayne Peach, Mayor
Attest:
Sally Hinrichsen, City Clerk/Treasurer
NOTICE TO PROPERTY OWNERS
Notice is given that there is now on file for public inspection in the office of the clerk of Monticello, Iowa, a proposed resolution of necessity, an estimate of cost, and a plat and schedule showing the amounts proposed to be assessed against each lot and the valuation of each lot within a district approved by the council of Monticello, Iowa, for the 2024 N. Chestnut Street Reconstruction Project, the type(s) and in the location(s) as follows:
The 2024 N. Chestnut Street Reconstruction Project will consist of reconstruction of N. Chestnut Street, from and including the intersection with 2nd Street, through the intersection with 3rd Street, including portions of 2nd and 3rd Streets to provide transitions to existing infrastructure, said project including but not limited to the following:
- Replacement of Pavement;
- Replacement of Curb and Gutter;
- Replacement of Sidewalk, Crosswalks and Accessibility Improvements;
- Replacement of Courtesy Walks;
- Replacement of Driveway Entrances;
- New water main and fire hydrant installation;
- New water service and curb stop installation;
- Installation of subdrain along N. Chestnut from 1st Street to 3rd Street;
- Addition of decorative street lighting.
The assessable portion of the 2024 N. Chestnut Street Reconstruction Project shall consist of 100% of the curb and gutter improvements, 100% of the cost of reconstruction driveway approaches and driveways where applicable, and 100% of the cost of 4 foot wide sidewalk replacement (although 5’ wide sidewalk will be constructed), and 100% of the cost of replacement courtesy walks between the sidewalk and curb. It is considered that all properties abutting the above described segments of streets to be improved will be specially benefited from this improvement and should be specially assessed, all as shown on the preliminary assessment plat and schedule now on file for inspection at the at the office of the City Clerk.
The
City Council will meet at six o’clock p.m. (6:00 pm), on February 5, 2024, at
the Community Media Center located in the Mary Lovell LeVan Renaissance Center
located at 220 E. 1st Street, Monticello Iowa, at which time the owners of
property 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 the property owner has filed objections with the clerk.
********
(The mailed copies of such notice to property owners may have added thereto the following:
According to the records of the County Auditor, you are the owner of:
(Insert Property Description)
and the proposed
assessment against the same is $______________.)
• • • • •
There being no further business to come before the meeting, it was upon motion adjourned.
Wayne Peach, Mayor
Attest:
Sally Hinrichsen, City Clerk/Treasurer
STATE OF IOWA )
COUNTY OF JONES )§
CITY OF MONTICELLO )
I, the undersigned, City Clerk of the City of Monticello, Iowa, do certify that the above and foregoing is a true, correct and complete copy of the minutes of a meeting of the Council, held as therein shown, insofar as such minutes pertain to the proposed 2024 N. Chestnut Street Reconstruction Project, including a true, correct and complete copy of each of the resolutions referred to in said minutes.
WITNESS MY HAND this 16th day of January, 2024.
Sally Hinrichsen, City Clerk/Treasurer
STATE OF IOWA )
COUNTY OF JONES )§
CITY OF MONTICELLO )
I, the undersigned, City Clerk of the City of Monticello, Iowa, certify that in such capacity I have control and access to the corporate records of such City, and from examination of such records and based upon advice received from the Project Engineers and Attorney for the City, I hereby certify that title to the land upon which the 2024 N. Chestnut Street Reconstruction Project is to be constructed is vested in the City, and that all such improvements and the streets upon which they are to be constructed are wholly within the corporate limits of the City.
WITNESS MY HAND this __ day of _______________________, 2024.
Sally Hinrichsen, City Clerk/Treasurer
(Please note that
if all of the necessary easements and rights‑of‑way have not yet been obtained,
you should not execute and return this certificate. However, title should be obtained, and this
certificate completed and returned to us, prior to the commencement of
construction.)
STATE OF IOWA )
COUNTY OF JONES )§
CITY OF MONTICELLO )
I, the undersigned, City Clerk of the City of Monticello, Iowa, do hereby certify that a grade ordinance has been duly adopted for all of the streets to be improved under the 2024 N. Chestnut Street Reconstruction Project.
WITNESS MY HAND this ___ day of _______________________, 2024.
Sally Hinrichsen, City Clerk/Treasurer
STATE OF IOWA )
COUNTY OF JONES )§
CITY OF MONTICELLO )
I, the undersigned, City Clerk of the City of Monticello, Iowa, do certify that on the ________ day of January, 2024, I mailed to each owner of property proposed to be assessed for the 2024 N. Chestnut Street Reconstruction Project, a copy of the notice to property owners in the form attached to this certificate, as set out in the resolution of necessity, covering such improvement project, insofar as the said owners could be determined from the records of the County Auditor’s office.
I further certify that there is no property owned by the State of Iowa or under the control of the Highway Division of the Iowa Department of Transportation being assessed for such improvement project.
WITNESS MY HAND this ___ day of ________________, 2024.
Sally Hinrichsen, City Clerk/Treasurer
(Attach a copy of the notice to property owners
as mailed.)
(PLEASE NOTE: Do not date and return this certificate until you have received the publisher’s affidavit, but please return all other completed pages to us as soon as they are available.)
STATE OF IOWA )
COUNTY OF JONES )§
CITY OF MONTICELLO )
I, the undersigned, City Clerk of the City of Monticello, Iowa, do certify that the notice to property owners, of which the printed slip attached to the publisher’s original affidavit hereto attached is a true and complete copy, was published on the dates and in the newspaper specified in such affidavit, and that such newspaper has a general circulation in the City.
WITNESS MY HAND this ___ day of ________________, 2024.
Sally Hinrichsen, City Clerk/Treasurer
(Attach hereto publisher’s original affidavit of publication of notice to property owners with a clipping of the notice as published attached.)