Proposed
Resolution of Necessity
WHEREAS, the City Council of the City of Asbury, Iowa (the “City”), has adopted a preliminary resolution in accordance with Section 384.42 of the Code of Iowa, covering the 2026 Asphalt Overlays & Water Main 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 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 Asbury, 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 a portion of the cost of the Project to the property benefited thereby.
Section 2. The Project shall consist of asphalt roadway rehabilitation including asphalt milling, asphalt paving, and asphalt patching. Other Project items include the replacement of water main and private water service lines, and concrete driveway removal and replacement for driveways disturbed during the installation of new private water service lines. Water main and service line replacement is planned only for Meadow Court, Parkside Drive, and part of Wintergreen Drive. Other minor Project items include selective concrete curb removal and replacement, concrete roadway panel replacement, tree removals, and site restoration. This work shall be completed along the following segments of street in the City, as follows:
· Asbury Circle, east of Radford Road
· Meadow Court, east of Springreen Drive
· Parkside Drive, west of Springreen Drive
· Wintergreen Drive, east and west of Springreen Drive
· Green Crest Court, west of Springreen Drive
· Regency Drive, east of Asbury Road
· Legacy Heights Ridge
· Majestic Ridge, east of Legacy Heights Ridge
· Middle Road, from its intersection with Seippel Road to a point approximately 650 feet west of Seippel Road
· Seippel Road, from its intersection with Middle Road to a point approximately 250 feet south of Middle Road
· Deerborn Drive, north of Asbury Road for approximately 850 feet
· The access lane to the Wedgewood Lift Station north of Middle Road
Section 3. The assessable portion of the Project shall include private water service line replacement and private driveway replacements necessary for the installation of private water service lines. Water main and service line replacement is planned only for Meadow Court, Parkside Drive, and part of Wintergreen Drive.
It is considered that the properties abutting the above-described segments of Meadow Court, Parkside Drive, and a portion of Wintergreen Drive will be specially benefited by this Project and should be specially assessed.
Section 4. 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 5. This City Council will meet on May 26, 2026, at 7 o'clock p.m., at the Asbury City Hall, in the City, at which time and place it 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.
Section 6. Unless a property owner files 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 7. All resolutions, parts of resolutions, or actions of the City Council in conflict herewith are hereby repealed, to the extent of such conflict.
Section 8. This resolution shall be in full force and effect immediately upon its adoption and approval, as provided by law.
Elizabeth Bonz
City Administrator
2t 5/10,17
