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HomeMy Public PortalAboutResolutions-2022-041Tiffin/436989-21/A&L (Levy) MINUTES OF MEETING TO LEVY ASSESSMENTS (2017 Original Town Urbanization Project) Tiffin, Iowa 436989-21 April 19, 2022 A meeting of the City Council of the City of Tiffin, Iowa, was held on April 19, 2022, at 7 o'clock, p.m., at the Tiffin City Hall Council Chambers, in the City. The Mayor presided and the roll being called the following members of the Council were present and absent: Present: Havens, Olney, Schnedler, Limkemann. Absent: Orris. The City Clerk reported that the Project Engineers had filed the final schedule of assessments covering the 2017 Original Town Urbanization Project, as directed by resolution of the City Council previously adopted. Thereupon, Council Member Olney proposed and moved the adoption of the resolution confirming and levying the special assessments, directing that the same be certified to the County Treasurer and directing publication and mailing of the notice, all as required by Section 384.60 of the Code of Iowa. The motion was seconded by Council Member Limkemann and after due consideration thereof by the Council, the Mayor put the question upon the motion and the roll being called, the following named Council Members voted: Ayes: Limkemann, Havens, Olney, Schnedler. Nays: None. Whereupon, the Mayor declared said motion duly carried and said resolution adopted, as follows: 1 DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA Tiffin /436989-21/A&L (Levy) RESOLUTION NO. 2022-041 Resolution Adopting Final Assessment Schedule for the 2017 Original Town Urbanization Project and Amending, Confirming and Levying the Assessments WHEREAS, heretofore and in strict compliance with Chapter 384 of the Code of Iowa, the City Council of the City of Tiffin, Iowa, pursuant to a Resolution of Necessity duly adopted, did order the construction of the 2017 Original Town Urbanization Project (the "Project"), such improvement having been duly completed, the work accepted and the Project Engineers having filed the final assessment schedule, which has been fully considered by this Council; NOW, THEREFORE, It Is Resolved by the City Council of the City of Tiffin, Iowa, as follows: Section 1. The final assessment schedule filed by the Project Engineers covering the Project is hereby amended as follows: (Insert the word "none" or list amendments to plat and schedule of assessments). Section 2. The aforementioned final assessment schedule, as amended, is hereby approved and adopted. Section 3. It is hereby found and deteii'lined that the total cost of said 2017 Original Town Urbanization Project is in the total amount of $1,199,014.49, of which the sum of $97,304.96 shall be assessed against private property within the assessable district. Section 4. Each and all of the assessments upon the benefited property in the amounts and upon the various lots and tracts described in such final assessment schedule are hereby confirmed and levied. Section 5. Each of such assessments in the amount of more than Five Hundred Dollars ($500.00) is hereby divided into 10 equal installments, as near as may be. Section 6. Any assessments may be paid in full or in part without interest within 30 days after the date of the first publication of the Notice of Filing of the Final Assessment Schedule with the County Treasurer, such payments to be made at the office of the City Clerk. All unpaid installments shall initially bear interest at the rate of 0% per annum, computed from March 16, 2021 (that being the date of acceptance of the work) to December 1, 2022. Thereafter, all unpaid installments shall bear interest at the rate of 2.99% per annum, computed from the December 1 immediately preceding the due dates of the respective installments to the December 1 next following the due dates of the respective installments. Section 7. The first installment of the unpaid assessments shall be due and payable at the office of the County Treasurer of Johnson County on the first day of July, 2022, and shall -2- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA Tiffin /436989-21/A&L (Levy) become delinquent from October 1, 2022, and then bear the same interest with the same penalties as ordinary taxes. Section 8. Succeeding installments shall become due and payable in like manner on the first day of July in each of the years 2023 to 2031, inclusive. Section 9. All assessments in the amount of Five Hundred Dollars ($500.00) or less shall become due and payable in full on the first day of July, 2022. Section 10. All unpaid installments of any assessment may be paid in full on any date, in which case interest shall be computed on the outstanding balance to the first day of December following the date of such payment; and additional annual installments may be paid after the current installment has been paid before December 1 without interest. Any property owner may elect to pay one half or all of the next annual installment of principal of and interest on the special assessment prior to the delinquency date of the installment. Section 11. The City Clerk is hereby authorized and directed to certify and file the final assessment schedule, herein referred to, with the County Treasurer of Johnson County. The City Clerk shall thereupon give notice of such certification and filing by publication once each week for two successive weeks in a legal newspaper printed wholly in the English language, published at least once weekly and of general circulation in Tiffin, Iowa, the first publication to be not more than fifteen (15) days after the date of filing of the said schedule with said County Treasurer. The City Clerk shall also mail said notice, by ordinary mail, to each property owner whose property is subject to assessment for said improvement, such notice to be mailed on or before the second publication of the notice. Section 12. Such notice shall be in the foiini substantially as follows: -3- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA Tiffin /436989-21/A&L (Levy) NOTICE OF FILING OF FINAL ASSESSMENT SCHEDULE FOR THE 2017 ORIGINAL TOWN URBANIZATION PROJECT TIFFIN, IOWA TO WHOM IT MAY CONCERN: Take notice that the City Council of the City of Tiffin, Iowa, has adopted the final assessment schedule covering the 2017 Original Town Urbanization Project (the "Project"), which was duly certified to the County Treasurer of Johnson County, Iowa, on the 20th day of May, 2022, all in accordance with Section 384.60 of the Code of Iowa. The Project included 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 was 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. Any assessment may be paid in full or in part without interest within 30 days after the date of the first publication of this notice, such payments to be made at the office of the City Clerk. Assessments in the amount of more than Five Hundred Dollars ($500.00) which are not paid in full within the aforementioned time period will be divided into ten (10) equal annual installments due on the first day of July, commencing July 1, 2022. All unpaid special assessments will initially bear interest at the rate of 0%, computed from the date of acceptance of the work on the 2017 Original Town Urbanization Project to December 1, 2022. Thereafter, all assessments will bear annual interest at the rate of 2.99% per annum, computed from the December 1 immediately preceding the due dates of the respective installments to the December 1 next following the due dates of the respective installments. Each installment will be delinquent from the October 1 following its due date and will draw additionally the same delinquent interest and the same penalties as ordinary taxes. Any property owner may elect to pay one half or all of the next annual installment of principal and interest of the special assessment prior to the delinquency date of the installment. All unpaid installments of any assessment may be paid in full on any date, in which case interest shall be computed on the outstanding balance to the first day of December following the -4- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA Tiffin /436989-21/A&L (Levy) All unpaid installments of any assessment may be paid in full on any date, in which case interest shall be computed on the outstanding balance to the first day of December following the date of such payment; and additional annual installments may be paid after the current installment has been paid before December 1 without interest. Reference is hereby made to said final assessment schedule for a description of the particular lots or tracts and the amounts of the final assessments thereon, as determined and fixed by the Council. By order of the City Council of the City of Tiffin, Iowa. Abigail Hora City Clerk -5- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA Tiffin /436989-21/A&L (Levy) (The mailed copies of the notice may have added thereto the following: According to the records of the County Auditor, you are the owner of: (Insert Property Description) and the final assessment against the same is $ -6- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA Tiffin /436989-21/A&L (Levy) Section 13. All resolutions or parts of resolutions in conflict herewith are hereby repealed, to the extent of such conflict. Section 14. This resolution shall be in full force and effect immediately upon its adoption and approval, as provided by law. Passed and approved this April 19, 2022. Mayor Attest: -7- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA Tiffin /436989-2 1/A&L (Levy) ••• • There being no further business to come before the meeting, it was upon motion and vote adjourned. Mayor -8- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA Tiffin /436989-21/A&L (Levy) ATTESTATION CERTIFICATE: STATE OF IOWA COUNTY OF JOHNSON SS: CITY OF TIFFIN I, the undersigned, City Clerk of the aforementioned City, do hereby certify that the above and foregoing is a true, correct and complete copy of the minutes of a meeting of the Council of such City, held as therein shown, insofar as such minutes pertain to the 2017 Original Town Urbanization Project, including a true, correct and complete copy of the resolution adopting final assessment schedule and confirming and levying the assessments. WITNESS MY HAND this (,)-0+`' day of , 2022. -9- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA Tiffin /436989-21/A&L (Levy) COUNTY FILING CERTIFICATE: STATE OF IOWA SS: COUNTY OF JOHNSON I, the undersigned County Treasurer of Johnson County, Iowa, do hereby certify that the City Clerk of the City of Tiffin, Iowa, did file in my office on the day of , 2022, a final schedule of assessments for the City's 2017 Original Town Urbanization Project, pursuant to the provisions of Section 384.60, Subsection 5, of the Code of Iowa, and that pursuant to said section of said Code, in due time, manner and season I will place on the tax list the amount to be assessed against each lot within the assessment district as certified by said City Clerk. WITNESS MY HAND this day of , 2022. County Treasurer -10- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA Tiffin /436989-2 VA&L (Levy) PUBLICATION CERTIFICATE: (PLEASE NOTE: Do not date and return this certificate until you have received the publisher's affidavit and have verified that the notice was published on the dates indicated in the affidavit but please return all other completed pages to us as soon as they are available.) STATE OF IOWA COUNTY OF JOHNSON SS: CITY OF TIFFIN I, the undersigned, City Clerk of the aforementioned City, do hereby certify that the printed notice attached to the publisher's original affidavit hereto attached, relating to the filing of the final assessment schedule covering a public improvement generally described as the 2017 Original Town Urbanization Project, was published on the dates and in the newspaper specified in such affidavit, which newspaper has a general circulation in the City. I do further certify that on the day of , 2022, I sent by ordinary mail a copy of the Notice of Filing of Final Assessment Schedule, properly stamped and addressed, to each property owner whose property is subject to assessment for said improvement, as shown by the records in the office of the County Auditor, said date of mailing being on or before the date of the second publication of said notice. I do further certify that no property subject to assessment in such improvement project is owned by the State of Iowa or under the control of the State Transportation Commission of the Iowa Department of Transportation. WITNESS MY HAND this day of , 2022. City Clerk (Attach hereto publisher's original affidavit of publication of Notice of Filing of Final Assessment Schedule, together with a copy of the notice as published and as mailed.) -11- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA Tiffin /436989-21/A&L (Levy) SPECIAL ASSESSMENT STATEMENT TIFFIN, IOWA 2017 Original Town Urbanization Project I, the undersigned, City Clerk of the City of Tiffin, Iowa, do hereby certify that the status of the assessments levied on April 19, 2022, for the 2017 Original Town Urbanization Project, more fully described in the resolution making said levy, adopted by the Council on said date, is as follows: 1. Total amount of assessments confirmed by Council (do not include deficiencies) 2. Total amount of assessments paid in cash (including assessments of $500.00 or less) 3. Total amount of unpaid assessments $500.00 or less $ 4. Total amount of unpaid assessments on agricultural property for which defeiinents have been requested $ 5. Sum of items 2 through 4 $ 6. Total amount of unpaid assessments to be paid in future installments and not included above (item 1 less item 5) WITNESS MY HAND this day of , 2022. City Clerk (NOT TO BE EXECUTED UNTIL 30 DAYS AFTER THE DATE OF THE FIRST PUBLICATION OF THE NOTICE OF FILING OF FINAL ASSESSMENT SCHEDULE.) -12- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA zas7 .... . A verage $ 3,040.78