HomeMy WebLinkAbout2009-01-05-Resolutions 09-13_Southfork - Walnut Ridge Sanitary Sewer - Final AssessmentRESOLUTION 09-13
RESOLUTION ADOPTING AND LEVYING FINAL
SCHEDULE OF ASSESSMENTS,AND PROVIDING
FOR THE PAYMENT THEREOF
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WAUKEE,
IOWA:
That after full consideration of the [mal schedule of assessments and
accompanying plat showing the assessments proposed to be made for the construction of
the Waukee,Iowa,Southfork and Walnut Ridge Sanitary Sewer Project,within the City,
under contract with Ellingson Companies of West Concord,Minnesota,which [mal plat
and schedule was filed in the office of the Clerk on the 31 st day of December,2008;said
assessments are hereby corrected by making the following changes and reductions:
NAME OF
PROPERTY
OWNER AND
DESCRIPTION
OF PROPERTY
NONE
PROPOSED
FINAL
ASSESSMENT
PROPOSED
FINAL
CONDITIONAL
DEFICIENCY,
IF ANY
CORRECTED
FINAL
ASSESSMENT
CORRECTED
FINAL
CONDITIONAL
DEFICIENCY,
IF ANY
BE IT FURTHER RESOLVED,that the said schedule of assessments and
accompanying plat,be and the same are hereby approved and adopted;and that there be,
and is hereby assessed and levied,as a special tax against and upon each of the lots,parts
of lots and parcels of land,and the owner or owners thereof liable to assessment for the
cost of said improvements,the respective sums expressed in figures set opposite to each
of the same on account of the cost of the construction of the said improvements.
Provided,further,that the amounts shown in said final schedule of assessments as
deficiencies are found to be proper and are levied conditionally against the respective
properties benefited by the improvements as shown in the schedule,subject to the
provisions of Section 384.63,Code ofIowa.Said assessments against said lots and
parcels ofland are hereby declared to be in proportion to the special benefits conferred
upon said property by said improvements,and not in excess thereof,and not in excess of
25%of the value of the same.
BE IT FURTHER RESOLVED,that said assessments of$lOO.OO or more shall be
payable in ten equal annual installments and shall bear interest at the rate of nine per
centum (9%)percent per annum,the maximum rate permitted by law,from the date of
the acceptance of the improvements;the first installment of each assessment,or total
amount thereof,if it be less than $100.00,with interest on the whole assessment from
date of acceptance of the work by the Council,shall become due and payable on July 1,
-1-
2009;succeeding annual installments,with interest on the whole unpaid amount,shall
respectively become due on July 1st annually thereafter,and shall be paid at the same
time and in the same manner as the September semiannual payment of ordinary taxes.
Said assessments shall be payable at the office of the City Clerk,in full or in part and
without interest within thirty days after the date of the first publication of the notice of the
filing of the fmal plat and schedule of assessments to the County Treasurer of Dallas
COlIDty,Iowa.
BE IT FURTHER RESOLVED,that the Clerk be and is hereby directed to certify
said fmal plat and schedule to the COlIDtyTreasurer of Dallas County,Iowa,and to
publish notice of said certification once each week for two consecutive weeks in the "The
Dallas County News",a newspaper printed wholly in the English language,published in
Adel,Iowa,and of general circulation in Waukee,Iowa,the first publication of said
notice to be made within fifteen days from the date of the filing of said schedule with the
County Treasurer,the Clerk shall also send by ordinary mail to all property owners
whose property is subject to assessment a copy of said notice,said mailing to be on or
before the date of the second publication of the notice,all as provided and directed by
Code Section 384.60,Code ofIowa.
BE IT FURTHER RESOLVED,that the Clerk is directed to certify the
deficiencies for lots specially benefited by the improvements,as shown in the final
schedule of assessments,to the County Treasurer for recording in the Special Assessment
Deficiencies Book and to the city official charged with responsibility for the issuance of
building permits.Said deficiencies are conditionally assessed to the respective properties
under Code Section 384.63 for the amortization period specified by law.
The Clerk is authorized and directed to ascertain the amount of assessments
remaining unpaid after the thirty day period against which improvement bonds may be
issued and to proceed on behalf of the City with the sale of said bonds,to select a date for
the sale thereof,to cause to be prepared such notice and sale information as may appear
appropriate,to publish and distribute the same on behalf of the City and this Council and
otherwise to take all action necessary to permit the sale of said bonds on a basis favorable
to the City and acceptable to the CounciL
PASSED AND APPROVED this 5th day of January,2009.
ATTEST:
Cityirzid
ROLL CALL VOTE
Donald L.Bailey,Jr.
Casey L.Harvey
C.Isaiah McGee
Darlene Stanton
Mike Watts
AYE
X
X
X
X
X
NAY ABSENT ABSTAIN