HomeMy Public PortalAboutResolutions-2017-095
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MINUTES OF MEETING TO
DESIGNATE ENGINEER
436989-21 (RN)
Tiffin, Iowa
October 3, 2017
The City Council of the City of Tiffin, Iowa, met at .m., on July 5, 2017,
at the City Hall Council Chambers, in the City, pursuant to the rules of said Council. The
meeting was called to order by the Mayor and the roll being called, the following named Council
Members were present and absent:
Present: Upton, Bartels, Havens, Ryan, Kahler
Absent: None..
The City Council took up and considered the proposed 2017 Original Town Urbanization
Project. It was moved by Council Member Ryan and seconded by Council Member Kahler that
Hart-Frederick Consultants PC be designated as engineers in connection with the project and
Mayor put the question on the motion and the roll being called, the following named Council
Members voted:
Ayes: Upton, Bartels, Havens, Ryan, Kahler
Nays: None.
Whereupon, the Mayor declared the said motion duly carried and on motion and vote the
meeting adjourned.
Mayor
Attest:
City Clerk
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DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA
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MINUTES OF MEETING TO ADOPT
PRELIMINARY RESOLUTION, PLANS
AND SPECIFICATIONS AND SET DATE
FOR HEARING ON PROPOSED
RESOLUTION OF NECESSITY
Tiffin, Iowa
436989-21
October 3, 2017
A meeting of the City Council of the City of Tiffin, Iowa, was held at .m.,
at the City Hall Council Chambers, in the City, on October 3, 2017. The Mayor presided and the
roll was called, showing Council Members present and absent as follows:
Present: Upton, Bartels, Havens, Ryan, Kahler
Absent: None.
The City Council took up the proposed 2017 Original Town Urbanization Project.
Council Member Upton moved the adoption of a preliminary resolution pursuant to
Section 384.42 of the Code of Iowa. The motion was seconded by Council Member Bartels and
passed with record vote as follows:
Ayes: Upton, Bartels, Havens, Ryan, Kahler
Nays: None.
The Mayor then declared the resolution adopted, as follows:
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DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA
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RESOLUTION NO. 2017-093
Preliminary resolution pursuant to Section 384.42 of the Iowa Code covering the
2017 Original Town Urbanization Project
WHEREAS, it is deemed advisable by the City Council of the City of Tiffin, Iowa (the
City in accordance with the provisions of Chapter 384 of the Code of Iowa, and a portion of the
cost be assessed to the property benefited thereby; and
WHEREAS, the City has arranged for engineering services for the Project with Hart-
Frederick Consultants PC;
NOW, THEREFORE, Be It Resolved by the City Council of the City of Tiffin, Iowa, as
follows:
Section 1. The Project shall include pulverizing and grading of the existing asphalt
street; storm sewer installation; construction of 5-foot wide sidewalks, 36-inch wide PCC curb
and gutter, 5-inch thick hot mix asphalt street and PCC driveway approaches; installation of
street lights; and undertaking associated incidental improvements.
The Project shall be constructed on and along the following segments of streets in the
City of Tiffin, Johnson County, Iowa:
(1) College Street from its intersection with West Third Street on the north to a point
situated 180 feet north of its intersection with Railroad Street on the south; (2) Railroad Street
from a point situated 60 feet east of its intersection with College Street on the west to, and
including, its intersection with Main Street on the east; (3) Grant Street from its intersection with
West Second Street on the north to, and including, its intersection with Railroad Street on the
south; (4) Main Street from its intersection with West Second Street on the north to, and
including, its intersection with Railroad Street on the south; and (5) Summerhays Street from its
intersection with West Second Street on the north to the termination of Summerhays Street on
the south.
It is considered that the property abutting the above-described segments of street to be
improved will be specially benefitted by this improvement and should be specially assessed.
Section 2. The Project Engineers are hereby ordered to prepare preliminary plans and
specifications, an estimated total cost of the work and a plat and schedule and to file the same
with the City Clerk.
Section 3.
subsequent proceedings.
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DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA
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Section 4. All resolutions, parts of resolutions, or actions of the City Council in
conflict herewith are hereby repealed, to the extent of such conflict.
Passed and approved October 3, 2017.
Mayor
Attest:
City Clerk
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DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA
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The City Clerk stated that the Project Engineers had completed and filed the plat. The
City Council reviewed the proposed valuation of each lot within the assessment district and
confirmed that such valuations should be included on the schedule to be filed.
The City Clerk stated that the Project Engineers had prepared and filed preliminary plans
and specifications, an estimated total cost of the work and the plat and schedule, as directed in
the preliminary resolution just adopted.
Thereupon, Council Member Kahler proposed the adoption of the resolution approving
and adopting the said preliminary plans and specifications, and plat and schedule and estimate of
cost pertaining to such Project. The motion was seconded by Council Member Ryan and passed
with record vote, as follows:
Ayes: Upton, Bartels, Havens, Ryan, Kahler
Nays: None.
Whereupon, the Mayor declared the resolution duly adopted, as follows:
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DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA
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RESOLUTION NO. 2017-094
Resolution Approving and Adopting Preliminary Plans and Specifications,
Estimate of Cost and Plat and Schedule
WHEREAS, the City Council of the City of Tiffin, Iowa, has adopted a preliminary
resolution pursuant to Section 384.42 of the Code of Iowa, covering the 2017 Original Town
WHEREAS, in accordance with such preliminary resolution, the Project Engineers have
prepared preliminary plans and specifications, an estimated cost of the work and a plat and
schedule, and have filed the same with the City Clerk; and
WHEREAS, this City Council has determined the valuation of each lot proposed to be
assessed for the Project and such valuations are now shown on the schedule, and this Council
deems it advisable that the said preliminary plans and specifications, estimated cost of the
Project and plat and schedule should be approved;
NOW, THEREFORE, It Is Resolved by the City Council of the City of Tiffin, Iowa:
Section 1. The preliminary plans and specifications referred to in the preamble hereof
are hereby approved.
Section 2. The plat, schedule and the valuations as shown thereon and estimate of
cost are hereby ratified and approved.
Section 3. This City Council proposes to proceed with the Project and a proposed
resolution of necessity shall be prepared and hearing held thereon in accordance with the
provisions of Sections 384.49, 384.50 and 384.51 of the Code of Iowa.
Section 4. All resolutions, parts of resolutions, or actions of the City Council in
conflict herewith are hereby repealed.
Passed and approved October 3, 2017.
Mayor
Attest:
City Clerk
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Council Member Ryan introduced a proposed resolution of necessity covering the 2017
Original Town Urbanization Project which is set out as follows, and moved that a public hearing
be held on the proposed Resolution of Necessity on November 7, 2017, at lock p.m., at
the City Hall Council Chambers, in the City and that the City Clerk be authorized and directed to
give notice of the public hearing by publication and mailing, as required by Section 384.50 of the
Code of Iowa, and that the notice be in substantially the form set out in these proceedings. The
motion was seconded by Council Member Kahler and, after due consideration, the Mayor put the
question on the motion and, the roll being called, the Council Members named voted as follows:
Ayes: Upton, Bartels, Havens, Ryan, Kahler
Nays: None.
Whereupon, the Mayor declared the motion carried.
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DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA
DocuSign Envelope ID: D82AD833-90BE-4C86-B718-E81DA1F95216
Tiffin / 436989-21 / RN
RESOLUTION NO. 2017-095
Proposed
Resolution of Necessity
preliminary resolution in accordance with Section 384.42 of the Code of Iowa, covering the 2017
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 Tiffin, Iowa:
Section 1. The Project shall include pulverizing and grading of the existing asphalt
street; storm sewer installation; construction of 5-foot wide sidewalks, 36-inch wide PCC curb
and gutter, 5-inch thick hot mix asphalt street and PCC driveway approaches; installation of
street lights; and undertaking associated incidental improvements.
The Project shall be constructed on and along the following segments of streets in the
City of Tiffin, Johnson County, Iowa:
(1) College Street from its intersection with West Third Street on the north to a point
situated 180 feet north of its intersection with Railroad Street on the south; (2) Railroad Street
from a point situated 60 feet east of its intersection with College Street on the west to, and
including, its intersection with Main Street on the east; (3) Grant Street from its intersection with
West Second Street on the north to, and including, its intersection with Railroad Street on the
south; (4) Main Street from its intersection with West Second Street on the north to, and
including, its intersection with Railroad Street on the south; and (5) Summerhays Street from its
intersection with West Second Street on the north to the termination of Summerhays Street on
the south.
It is considered that the property abutting the above-described segments of street to be
improved will be specially benefitted by this improvement and should be specially assessed.
Section 2. 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 3. This City Council will meet at .m., on November 7, 2017,
at the City Hall Council Chambers, 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.
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DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA
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Section 4. 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 5. All resolutions, parts of resolutions, or actions of the City Council in
conflict herewith are hereby repealed, to the extent of such conflict.
Section 6. This resolution shall be in full force and effect immediately upon its
adoption and approval, as provided by law.
Passed and approved October 3, 2017.
Mayor
Attest:
City Clerk
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DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA
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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 Tiffin, 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 City Council of Tiffin, Iowa, for a street
improvement, described in general as the 2017 Original Town Urbanization Project (the
Section 1. The Project shall include pulverizing and grading of the existing asphalt
street; storm sewer installation; construction of 5-foot wide sidewalks, 36-inch wide PCC curb
and gutter, 5-inch thick hot mix asphalt street and PCC driveway approaches; installation of
street lights; and undertaking associated incidental improvements.
The Project shall be constructed on and along the following segments of streets in the
City of Tiffin, Johnson County, Iowa:
(1) College Street from its intersection with West Third Street on the north to a point
situated 180 feet north of its intersection with Railroad Street on the south; (2) Railroad Street
from a point situated 60 feet east of its intersection with College Street on the west to, and
including, its intersection with Main Street on the east; (3) Grant Street from its intersection with
West Second Street on the north to, and including, its intersection with Railroad Street on the
south; (4) Main Street from its intersection with West Second Street on the north to, and
including, its intersection with Railroad Street on the south; and (5) Summerhays Street from its
intersection with West Second Street on the north to the termination of Summerhays Street on
the south.
It is considered that the property abutting the above-described segments of street to be
improved will be specially benefitted by this improvement and should be specially assessed.
The City Council will meet at 7:00 p.m., on November 7, 2017, at the Tiffin City
Hall, 300 Railroad Street, Tiffin, Iowa, at which time the owners of the 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 the 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 City Clerk.
Ashley Platz
City Clerk
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DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA
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(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, including conditional deficiencies against the same, is
$______________.)
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DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA
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There being no further business to come before the meeting, it was upon motion
adjourned.
Mayor
Attest:
City Clerk
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DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA
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STATE OF IOWA
COUNTY OF JOHNSON SS:
CITY OF TIFFIN
I, the undersigned, City Clerk of the City of Tiffin, Iowa, do certify that the above and
foregoing is a true, correct and complete copy of the minutes of a meeting of the City Council,
held as therein shown, insofar as such minutes pertain to the proposed 2017 Original Town
Urbanization Project, including a true, correct and complete copy of each of the resolutions
referred to in said minutes.
WITNESS MY HAND this _____ day of ___________________, 2017.
City Clerk
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DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA
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STATE OF IOWA
COUNTY OF JOHNSON SS:
CITY OF TIFFIN
I, the undersigned, City Clerk of the City of Tiffin, 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 2017 Original Town Urbanization 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 _______________________, 2017.
City Clerk
(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.)
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DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA
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STATE OF IOWA
COUNTY OF JOHNSON SS:
CITY OF TIFFIN
I, the undersigned, City Clerk of the City of Tiffin, Iowa, do hereby certify that a grade
ordinance has been duly adopted for all of the streets to be improved under the 2017 Original
Town Urbanization Project.
WITNESS MY HAND this _____ day of _______________________, 2017.
City Clerk
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DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA
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STATE OF IOWA
COUNTY OF JOHNSON SS:
CITY OF TIFFIN
th
I, the undersigned, City Clerk of the City of Tiffin, Iowa, do certify that on the 18 day of
October 2017, I mailed to each owner of property proposed to be assessed for the 2017 Original
Town Urbanization 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
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 ________________, 2017.
City Clerk
(Attach a copy of the notice to property owners as mailed.)
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DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA
DocuSign Envelope ID: D82AD833-90BE-4C86-B718-E81DA1F95216
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(PLEASE NOTE: Do not date and return this certificate until you have received the
available and fax a copy of the published notice to our office at (515) 283-1060.)
STATE OF IOWA
COUNTY OF JOHNSON SS:
CITY OF TIFFIN
I, the undersigned, City Clerk of the City of Tiffin, Iowa, do certify that the notice to
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 ________________, 2017.
City Clerk
ners
with a clipping of the notice as published attached.)
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DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA
DocuSign Envelope ID: D82AD833-90BE-4C86-B718-E81DA1F95216
September 29, 2017
VIA EMAIL
Doug Boldt
City Administrator/City Hall
Tiffin, Iowa
Re: 2017 Original Town Urbanization Project
Our File No. 436989-21
Dear Doug:
We have prepared and attached the necessary proceedings to initiate the special
assessment procedures for the 2017 Original Town Urbanization Project at the October 3, 2017
City Council meeting.
The documents attached include the following items:
1. Minutes of an earlier meeting of the City Council showing the employment of
Hart-Frederick Consultants PC as the Project Engineers. Please fill in the appropriate meeting
date.
2. The preliminary resolution required under Section 384.42 of the Code of Iowa,
which sets out a description of the project and its location, a description of the property which
will be assessed and a directive to the engineer to prepare necessary documents.
3. The resolution approving and adopting the plans and specifications, plat and
schedule for the project. These plans and specifications are the preliminary documents
contemplated by Section 384.43. They need not be as detailed as the final plans and
specifications, but need only be in sufficient detail to advise any person interested of the general
nature, character and type of improvement.
4. Introduction of proposed Resolution of Necessity and motion setting date for
hearing and directing publication and mailing of the Notice to Property Owners, followed by the
form of the proposed Resolution of Necessity and the form of the notice, both of which include
references to the date, time and place of the public hearing. Please be certain that all blanks in
the Resolution of Necessity and notice are filled in. While there is a recorded vote on the motion
to set the date for the public hearing, this is not a vote on the proposed Resolution of Necessity.
That vote will be held following the hearing.
801 Grand Avenue | Suite 4100 | Des Moines, IA | 50309-8002 | 4 515.283.1000 | & 515.283.1060 | dorsey.com
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As provided in Section 384.50 of the Code of Iowa, the notice must be published on the
same day of the week for two successive weeks, prior to the hearing, in a newspaper of general
circulation in the City. The first publication of the notice must be not less than ten (10) and not
more than twenty (20) days prior to the date set for the hearing (November 7, 2017). The date of
publication should be excluded in computing the number of days.
Not less than fifteen (15) days before the November 7, 2017 hearing date, a copy of the
notice must be sent by regular mail to each owner whose property is subject to assessment for
this project at the address as shown by the records in the office of the County Auditor. If a
property is shown to be in the name of more than one owner at the same mailing address, a single
notice may be mailed addressed to all owners at that address.
Please print extra copies of the notice for mailing and publishing.
5. Certificate covering the entire transcript.
6. Certificate regarding ownership of rights-of-way.
7. Certificate concerning the adoption of a grade ordinance for the streets to be
improved. If no grade ordinance has been established for the streets to be improved, the Project
Engineers may prefer to establish these grades after they prepare the final plans and
specifications. In this event, it is permissible to pass the grade ordinance at any time prior to the
ordering of the construction of the Improvements. If this certificate cannot be forwarded to our
office with the balance of these proceedings, please send it as soon as the grade ordinance is
properly adopted.
8. Certificate covering mailing of the notice, to which should be attached a copy of
the notice as mailed.
9. Certificate showing publication of the notice to property owners, to which
notice as published.
please email
or fax us a clipping of the notice as soon as it is first published. Our fax number is (515) 283-
1060.
Under Section 384.62 of the Code of Iowa, if any property proposed to be specially
request the right to defer making special assessment payments until the property is no longer
listed as agricultural property. An eligible property owner must file a written request for
deferment with the City Clerk at the time of the hearing on the resolution of necessity for the
project or within ten (10) days thereafter.
DocuSign Envelope ID: D82AD833-90BE-4C86-B718-E81DA1F95216
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If you are aware of any properties which may qualify for this deferment, please let us
know as soon as possible so we can analyze the potential impact on financing the project.
If you have any questions, please contact Amy Bjork or me.
Best regards,
John P. Danos
Attachments
cc: Jay Anderson
Crystal Raiber
Certificate Of Completion
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Subject: Please DocuSign: 2017-093, 094, 095 - Original Town Assessment.docx
Source Envelope:
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Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through the DocuSign system all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or
made available to you during the course of our relationship with you. To reduce the chance of
you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
How to contact CITY OF TIFFIN, IOWA:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: AJAY@TIFFIN-IOWA.ORG
To advise CITY OF TIFFIN, IOWA of your new e-mail address
To let us know of a change in your e-mail address where we should send notices and disclosures
electronically to you, you must send an email message to us at AJAY@TIFFIN-IOWA.ORG and
in the body of such request you must state: your previous e-mail address, your new e-mail
address. We do not require any other information from you to change your email address..
In addition, you must notify DocuSign, Inc. to arrange for your new email address to be reflected
in your DocuSign account by following the process for changing e-mail in the DocuSign system.
To request paper copies from CITY OF TIFFIN, IOWA
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an e-mail to AJAY@TIFFIN-IOWA.ORG and in
the body of such request you must state your e-mail address, full name, US Postal address, and
telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with CITY OF TIFFIN, IOWA
To inform us that you no longer want to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your DocuSign session, and on the subsequent
page, select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an e-mail to AJAY@TIFFIN-IOWA.ORG and in the body of such request you
must state your e-mail, full name, US Postal Address, and telephone number. We do not
need any other information from you to withdraw consent.. The consequences of your
withdrawing consent for online documents will be that transactions may take a longer time
to process..
Required hardware and software
Operating Systems: Windows® 2000, Windows® XP, Windows
Vista®; Mac OS® X
Browsers: Final release versions of Internet Explorer®
6.0 or above (Windows only); Mozilla Firefox
2.0 or above (Windows and Mac); Safariâ¢
3.0 or above (Mac only)
PDF Reader: Acrobat® or similar software may be required
to view and print PDF files
Screen Resolution: 800 x 600 minimum
Enabled Security Settings: Allow per session cookies
** These minimum requirements are subject to change. If these requirements change, you will be
asked to re-accept the disclosure. Pre-release (e.g. beta) versions of operating systems and
browsers are not supported.
Acknowledging your access and consent to receive materials electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please verify that you were
able to read this electronic disclosure and that you also were able to print on paper or
electronically save this page for your future reference and access or that you were able to e-mail
this disclosure and consent to an address where you will be able to print on paper or save it for
your future reference and access. Further, if you consent to receiving notices and disclosures
exclusively in electronic format on the terms and conditions described above, please let us know
by clicking the âI agreeâ button below.
By checking the âI agreeâ box, I confirm that:
I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF
ELECTRONIC CONSUMER DISCLOSURES document; and
I can print on paper the disclosure or save or send the disclosure to a place where I can
print it, for future reference and access; and
Until or unless I notify CITY OF TIFFIN, IOWA as described above, I consent to receive
from exclusively through electronic means all notices, disclosures, authorizations,
acknowledgements, and other documents that are required to be provided or made
available to me by CITY OF TIFFIN, IOWA during the course of my relationship with
you.