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HomeMy Public PortalAboutResolutions-2021-033Tiffin/436989-21/A&L (Levy) MINUTES OF MEETING TO LEVY ASSESSMENTS (2017 Original Town Urbanization Project) Tiffin, Iowa 436989-21 May 4, 2021 A meeting of the City Council of the City of Tiffin, Iowa, was held on May 4, 2021, at 7:00 o'clock, p.m., at the City Hall Council Chambers , in the City. The City Council meeting was alternatively accessible telephonically using the following dial -in instructions: If anyone would like to make a comment or address the City Council but is unable to attend the Council Meeting, you can do so by telephone by calling 319-545-2572 ext. 0 at 7:00 p.m. The City Council offered attendance to this meeting telephonically due to federal and state government recommendations in response to COVID-19 pandemic conditions. Electronic access information was included in the posted agenda of this public meeting. The Mayor presided and the roll being called the following members of the Council were present and absent: Present: Bartels, Schnedler, Olney, Limkemann, Havens Absent: None 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 Bartels 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 Havens 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, Bartels, Olney, Havens, 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 4833-9037-2583\1 Tiffin /436989-21/A&L (Levy) RESOLUTION NO. 2021-033 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, 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 2017 Original Town Urbanization 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 deteiiilined that the total cost of said 2017 Original Town Urbanization Project is in the total amount of $ , of which the sum of $ 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. All unpaid installments shall bear interest at the rate of % per annum from March 16, 2021 (that being the date of acceptance of the work); provided, however, that any such 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. 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, 2021, and shall become delinquent from October 1, 2021, and then bear the same interest with the same penalties as ordinary taxes. -2- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA 4833-9037-2583\1 Tiffin /436989-21/A&L (Levy) Section 8. Succeeding installments shall become due and payable in like manner on the first day of July in each of the years 2022 to 2030, 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, 2021. 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 and interest of 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 form substantially as follows: -3- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA 4833-9037-2583\1 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 4th day of May, 2021, 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 mproved 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, 2021. All unpaid special assessments will draw annual interest at % computed initially from the date of acceptance of the work on the 2017 Original Town Urbanization Project to December 1, 2021, and thereafter 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. -4- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA 4833-9037-2583\1 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 4833-9037-2583\1 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 4833-9037-2583\1 Tiffin /436989-2 1/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 May 4, 2021. Mayor -7- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA 4833-9037-2583\1 Tiffin /436989-21/A&L (Levy) • • • • There being no further business to come before the meeting, it was upon motion and vote adjourned. -8- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA 4833-9037-2583\1 Tiffin /436989-21/A&L (Ievy) ATTESTATION CERTIFICATE: STATE OF IOWA COUNTY OF JOHNSON SS: CITY OF TIFFIN 1, 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 accepting the work and the resolution adopting final assessment schedule and confirming and levying the assessments. WITNESS MY HAND this day of , 2021. -9- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA 4833-9037-2583\1 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 , 2021, 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 , 2021. County Treasurer -10- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA 4833-9037-2583\1 Tiffin /436989-21/A&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 , 2021, 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 , 2021. 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 4833-9037-258311 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 May 4, 2021, 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 5500.00 or less) 3. Total amount of unpaid assessments $500.00 or less 4. Total amount of unpaid assessments on agricultural property for which deferments 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 , 2021. 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 4833-9037-2583\1 April 30, 2021 Via Email Doug Boldt City Administrator/City Hall Tiffin, Iowa Re: 2017 Original Town Urbanization Pr( Our File No. 436989-21. Dear Doug: We have prepared and attached proceedings for the levying of the assessments for the 2017 Original Town Urbanization Project. We have left a blank space next to the interest rate to be charged for unpaid assessments throughout the proceedings. After the Council determines which interest rate to charge for unpaid assessments, please fill in each blank reflecting this rate. The maximum interest rate that the Council can charge is 9%. The proceedings attached include the following items: 1. Resolution adopting the final assessment schedule and amending, confirming and levying the special assessments, directing that they be certified to the County Treasurer and directing publication and mailing of notice. 2. Attestation Certificate with respect to the validity of the transcript. 3. County Filing Certificate attesting to the filing of the final assessment schedule. 4. Publication Certificate regarding the giving of notice. The publisher's original affidavit, with a clipping of the notices as published attached thereto, as well as a duplicate of the notice as mailed, must be attached to this certificate. 5. Special Assessment Statement to be completed after the 30 -day collection period. After the Council approves the final schedule of assessments and levies the assessments, the following actions need to be taken: a. File a copy of the final schedule of assessments with the County Treasurer, attaching a certificate to the schedule certifying that it is a true and correct copy of the schedule approved by the Council. b. Obtain the Treasurer's signature on the certificate attesting to the filing of the schedule of assessments. 8oi Grand Avenue I Suite 4100 I Des Moines, IA 150309-80021 T 515.283.10001 F 515.283.10601 dorsey.com 4833-9037-2583\ )) DORSEY Page 2 c. Arrange for the publication of the Notice of Filing of the Final Assessment Schedule. (Please print an extra copy of the notice for delivery to the newspaper). Please make sure to include in the first paragraph the date that the schedule was filed with the County Treasurer. The notice must be published on the same day of the week for two consecutive weeks, and the first publication must be not more than 15 days after the date the schedule was filed with the County Treasurer. d. Mail the notice, by regular mail, to each property owner whose property is subject to assessment. The mailing must take place on or before the second publication of the notice. e. Return an executed copy of each portion of the proceedings, as completed. Please return the certificate attesting to the publication of the notice after you have received the publisher's affidavit and the Special Assessment Statement following the required waiting periods. Assessments may be paid at your office, in full or in part without interest, within 30 days after the date of the first publication of the Notice of Filing the Final Assessment Schedule. Payments of any amount may be made during this 30 -day period. Within a reasonable time following the 30 -day period in which assessments may be paid in cash, a list of the unpaid assessments must be filed with the County Treasurer. Section 384.60 of the Code of Iowa provides that all unpaid assessments in excess of $500 may be divided into equal installments (the number of which to be determined by the Council), plus interest. And, pursuant to Section 384.65 of the Code of Iowa: (a) each installment of a special assessment shall be calculated to the nearest whole dollar; (b) interest on unpaid installments and interest penalties added for delinquencies shall also be calculated to the nearest whole dollar; and (c) the minimum interest or interest penalty amount is one dollar. Many County Treasurers will calculate the assessment installments. However, if the County Treasurer will not do this for you, let us know, and we will assist you in making these calculations. If you have any questions, please contact me. Kind regards, Amy Bjork Enclosures cc: Abigail Hora DORSEY & WHITNEY LLP 4833-9037-2583\1