HomeMy Public PortalAboutResolutions-2023-054Tiffin / 436989-28 / A&L
RESOLUTION NO. 2023-054
Resolution Adopting Final Assessment Schedule for the Original Town
Urbanization Project: Phase Two 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, did, pursuant to a Resolution of Necessity duly adopted
on June 2, 2020, order the construction of the Original Town Urbanization Project: Phase Two (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. 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 4. Each of such assessments in the amount of more than Five Hundred Dollars
($500.00) is hereby divided into ten (10) equal installments, as near as may be.
Section 5. All unpaid installments shall bear interest at the rate of 1.663 % per annum
from September 1, 2024 (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 thirty (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 6. 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, 2024, and shall
become delinquent from October 1, 2024, and then bear the same interest with the same penalties
as ordinary taxes.
Section 7. Succeeding installments shall become due and payable in like manner on
the first day of July in each of the years 2025 to 2033, inclusive.
-4-
DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA
Tiffin / 436989-28 / A&L
Section 8. All assessments in the amount of Five Hundred Dollars ($500.00) or less
shall become due and payable in full on July 1, 2024.
Section 9. 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 10. 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 11. Such notice shall be in substantially the following form:
-5-
DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA
Tiffin / 436989-28 / A&L
NOTICE OF FILING OF FINAL ASSESSMENT SCHEDULE FOR THE
ORIGINAL TOWN URBANIZATION PROJECT: PHASE TWO
TIFFIN, IOWA
TO WHOM IT MAY CONCERN: Take notice that the City Council of the City of Tiffin,
Iowa (the "City"), has adopted the final assessment schedule covering the Original Town
Urbanization Project: Phase Two (the "Project"), which was duly certified to the County Treasurer
of Johnson County, Iowa, on the 24th day of August, 2023, all in accordance with Section 384.60
of the Code of Iowa.
The Project, all of which is assessable, consisted of the installation of storm sewer, stoiiii
sewer intakes, Full Depth Reclamation, 6 -inch Hot Mix Asphalt (HMA) pavement, 36 -inch curb
& gutter, sidewalks, 6 -inch Portland Cement Concrete (PCC) driveway, street lighting; traffic
control and other associated appurtenances and miscellaneous work items.
The Project was constructed on and along the following segments of street in the City:
• Second Street, from a point just east of its intersection with College Street on the west,
to and including its intersection with East Brown Street on the east;
Grant Street, from and including its intersection with Second Street on the south, to a
point just south of its intersection with Third Street on the north;
• Main Street, from and including its intersection with Second Street on the south, to a
point just south of its intersection with Third Street on the north; and
• Suminerhays Street, from and including its intersection with Second Street on the
south, to a point just south of its intersection with Third Street on the north.
The Project also included watermain replacement, which was constructed on and along the
following segments of street:
• Second Street, from College Street to Main Street; and
• Main Street, from Second Street to U.S. Highway 6/Marengo Road.
It is considered that the properties 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 Five Hundred Dollars (S500.00) or less which are not paid in full
within that time period shall be due on July 1, 2024. Assessments in the amount of more than Five
Hundred Dollars ($500.00) which are not paid in full within that time period will be divided into
ten (10) equal annual installments due on the first day of September, commencing September 1,
2024. At the July 5, 2022, City Council Meeting, the council amended the amount of interest to
be charged on all unpaid special assessments and now it will initially bear interest at the rate of
0%, computed from the date of acceptance of the work on the Original Town Urbanization Project:
-6-
DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA
Tiffin / 436989-28 / A&L
Phase Two to December 1, 2024. Thereafter, all assessments will bear an annual interest rate of
1.663% on all unpaid special assessments from December 1, 2024 until December 1, 2033. Each
installment will be considered late from the October 1 following its due date and will draw
additionally the same late 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
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
-7-
DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA
Tiffin / 436989-28 / A&L
(The mailed copies of the notice should include the following information:
According to the records of the County Auditor, you are the owner of:
(Insert Property Description)
and the final assessment against the same is $ . Furthermore, conditional
deficiencies in the amount of $ have been filed against the property which may
be assessed in the future should the valuation of the property increase.)
-8-
DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA
Tiffin / 436989-28 / A&L
Section 12. All resolutions or parts of resolutions in conflict herewith are hereby
repealed, to the extent of such conflict.
Section 13. This resolution shall be in full force and effect immediately upon its
adoption and approval, as provided by law.
Attest:
Passed and approved August 8, 2023.
Mayor
There being no further business to come before the meeting, it was upon motion and vote
adjourned.
Attest:
Mayor
-9-
DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA
Tiffin / 436989-28 / A&L
ATTESTATION CERTIFICATE:
STATE OF IOWA
JOHNSON COUNTY
CITY OF TIFFIN
SS:
I, the undersigned, City Clerk of the City of Tiffin, do hereby certify that the above and
foregoing is a true, correct and complete copy of the minutes of a meeting of the City Council of
the City, held as therein shown, insofar as such minutes pertain to the Original Town Urbanization
Project: Phase Two, 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
-1.0-
DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA.
Tiffin / 436989-28 / A&L
COUNTY FILING CERTIFICATE:
STATE OF IOWA
SS:
JOHNSON COUNTY
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
, 2023, a final schedule of assessments for the Original Town
Urbanization Project: Phase Two, 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 , 2023.
County Treasurer
-11-
DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA
PHASE TW O - 2023 Assessment Schedule - Tiffin Origi nal T own Urbanizati on Project
Prope rty Address
Parcell No.
Listed owners
2023 Assessed
Value (Jo Co .)
2023 Max.
25 % AV
Frontage
Length (Ft)
Construction
C ost in Front
of Property
Project Total/Ft
$336.23
Percentage
of Project
C ost %
Deficiencies
10 %
110 E. 2nd St.
628452002
Nola ns Lawn Care
LLC
$ 204,300.00
$ 51,075.00
120.00
$40,347.60
$ 4,034.76
0.51
0
115 E. 2nd St.
628458001
Matthew B
Klein
Jody L
Klein
$ 244,100.00
$ 61,025.00
120.00
$40,347.60
$ 4 ,034.76
0.51
0
130 E. 2nd St.
628451002
A lfred L
Seering
Jolene B
Seering
$ 137,400 .00
$ 34,350.00
80.00
526,898.40
$ 2,689.84
0.34
0
133 E. 2nd St.
628459002
Janice F.
Johns on
$ 222,100.00
$ 55,525.00
100 .00
$33,623 .00
$ 3,362 .30'
0.43
0
140 E. 2nd St.
628451003
Ray
Pears on JR
$ 107,000.00
$ 26,750.00
80.00
$26,898 .40
$ 2 ,689.84
0 .34
0
111 W. 2nd St
628457002
Rabeh
Ka bolo
Flura B.
Mudi
$ 176,500.00
$ 44,125.00
60.00
$20,173 .80
$ 2,017.38
0.26
0
121 W. 2nd St
628457003
D&R Pro perties LLC
$ 121,900.00
$ 30,475.00
60.00
$20,173 .80
$ 2,017.38
0 .26
0
131 W. 2nd St
628457004
Gina M.
Yoder
$ 144,800.00
$ 36,200.00
60.00
$20,173 .80
.$ 2,017.38
0.26
0
200 W. 2nd St
628454003
Rodney L
Madden
$ 170,500.00
$ 42,625.00
140.00
$47,072.20
$ . 4,707.22
0.60
0
203 W. 2nd St
628456001
Earl A Stratton
Eleano r Stratton
Larry JStratt on
Carrie M Stratton
$ 172 ,300.00
$ 43,075 .00
120 .00
$40,347.60:$
4,034.76:"
0 .51
0
211 W. 2nd St
628456003
Debra D
Hartness
$ 156,100.00
$ 39,025.00
60.00
520,173 .80
$ ',2,017:38:
0.26
0
230 W. 2nd St
628454002
Nicole N
Upchurch
Benjamin E.
Upchurch
$ 192,300.00
$ 48,075 .00
140 .00
$47,072 .20
$ 4,707.22
0.60
0
239 W. 2nd St
628456004
Grace United
Methodist
Church of
Tiffin
$ 285,500.00
$ 71,375 .00
120.00
$40,347.60
.$ 4,034.76
0.51
0
141 E. 3rd St.
628434001
Todd A
Biles
$ 105,300.00
$ 26 ,325.00
120.00
$40,347.60
.$ 4,034 .76
0.51
0
221 Grant St.
628454001
Tracie L
Smith
$ 175,000 .00
$ 43,750.00
120.00
$40,347.60
$ 4,Q34.761
0.51
0
231 Grant St.
628437004
ERP, LLC
$ 134,300.00
$ 33,575.00
60.00
$20,173 .80
$ 2,017 .38
0 .26
0
200 Main St.
628452001
Shian ne
Perry
Jacob
Wessling
$ 215,600.00
$ 53,900.00
60 .00
$20,173 .80 .$
2,017.38'
0 .26
0
210 Main St.
628435003
Jeffrey Scott
Corso
$ 157,500.00
$ 39,375.00
75 .00
$25,217 .25
$ 2,521.73
032
0
220 Main St.
628435002
Lance R
Gruhn
$ 41,200.00
$ 10,300.00
75 .00
$25,217.25
$ 2,521.73
0 .32
0
140 Summerhays St.
628481001
Lisa
Herring
$ 154,900.00
$ 38,725.00
140 .00
$47 ,072.20
$ 4,707.22
0.60
0
200 Summerhays St.
628480002
Robert H
Herring
Linda F.
Herring
$ 184,800.00
$ 46,200 .00
140 .00
$47,072 .20
$ 4,707.22
0.60
0
210 Su mmerhays St.
628480001
Edward S
Swim
$ 179,700.00
$ 44,925.00
60.00
$20,173.80
$ 2,017.38
0.26
0
211 Summerhays St.
628451001
Aaron J
Amos
$ 182,200.00
$ 45,550.00
60 .00
$20,173.80
$ 2,017.38
0.26
0
220 Summerhays St.
628403005
Emily R
Brumm
Samuel B
Meirick
$ 171,700 .00
$ 42,925.00
57.00
$19,165.11
.$ 1,916.51
0.24
0
221 Summerhays St.
628434003
Billy Joe
Eggers
Sharon Kay
Eggers
$ 289,800.00
$ 72,450 .00
60.00
$20,173.80
$ 2,017.38,
0 .26
0
230 Summerhays St.
628403002
Roger L
Janssen
$ 147,500.00
$ 36,875.00
57.00
$19,165.11
$ 1,916 .51
0 .24
0
TOTAL
2,344 .00
5788,123.12
$ 78,812.31
26 Properties
Average
$ `2,931.43:
0.38
Tiffin / 436989-28 / A&L
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
JOHNSON COUNTY
CITY OF TIFFIN
SS:
I, the undersigned, City Clerk of the City of Tiffin, 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 Original Town
Urbanization Project: Phase Two, 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 , 2023, 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 , 2023.
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.)
-12-
DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA
Tiffin / 436989-28 / A&L
SPECIAL ASSESSMENT STATEMENT
TIFFIN, IOWA
ORIGINAL TOWN URBANIZATION PROJECT: PHASE TWO
I, the undersigned, City Clerk of the City of Tiffin, Iowa, do hereby certify that the status
of the assessments levied on August 8, 2023, for the Original Town Urbanization Project: Phase
Two, 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
S500.00 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 , 2023.
City Clerk
(NOT TO BE EXECUTED UNTIL AT LEAST 30 DAYS AFTER THE DATE OF THE
FIRST PUBLICATION OF THE NOTICE OF FILING OF FINAL ASSESSMENT
SCHEDULE.)
-13-
DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA