11/26/2013 Special Meeting
FRIEND CITY COUNCIL
MINUTES-SPECIAL MEETING
NOVEMBER 26, 2013
Mayor Vossler called the special meeting of the City Council to order at 5:00 p.m. at the City Hall. Advanced notice of the meeting was given by posting in three prominent places within the community and by personal delivery of notification to property owners affected by the proposed resolution relating to the equalizing, levying and assessing the costs of the improvements in and to Street Improvement Project No. 2012-1 of the City of Friend. All proceedings shown were taken while the meeting was open to the attendance of the public.
Mayor Vossler presided and City Clerk Debbie Gilmer recorded the proceedings. The following Councilmembers were present: Stanley Krause, Phyllis Ryan, Harlan Schrock, and Dan Drake. A quorum being present and the meeting duly convened, the following proceedings were had and done.
As required by the Nebraska Open Meetings Act, Mayor Vossler announced that a copy of the Nebraska Open Meetings Act has been posted on the south door of the City Hall meeting room for all in attendance to review.
Discussion was had regarding interest rate and the number of years that property owners would have to repay their property assessment resulting from Street Improvement Project No. 2012-1. Following discussion and consideration, it was decided to set the interest at 5% with repayment term of 15 years.
Resolution #13-38 was introduced and read by Mayor Vossler.
RESOLUTION NO. 13-38
A RESOLUTION OF THE CITY OF FRIEND, NEBRASKA EQUALIZING, LEVYING AND ASSESSING THE COSTS OF THE IMPROVEMENTS IN AND TO STREET IMPROVEMENT PROJECT NO. 2012-1 OF THE CITY; AND RELATED MATTERS.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF FRIEND, NEBRASKA:
Section 1. The Mayor and Council have heretofore designated the time and place for considering and levying assessments upon the property specially benefitted by the improvements in Street Improvement Project No. 2012-1 (the “Project”) to pay the cost of constructing the same; notice of the time and place of holding the meeting for said purpose was duly given to all affected property owners or occupants thereof as provided by law; the Mayor and Members of the Council have each personally inspected said street improvements and the real estate abutting on and adjacent thereto; the Mayor and Council have at this session heard all persons who desire to be heard in reference to the valuation of each lot to be assessed and the special benefits or damages thereto and have considered the advice of the engineers in charge of the construction and improvements.
Section 2. The Mayor and City Council further find and determine that the costs of the improvements constructed in each of the Projects are as follows:
|
STREET IMPROVEMENT PROJECT NO. |
GENERAL INTERSECTION/BENEFIT |
SPECIAL BENEFIT |
TOTAL |
|
2012-1 |
$25,053.00 |
$81,743.73 |
$106,796.73 |
The Mayor and Council further find and determine that no lot or parcel of land in any Project has been damaged by the construction of such improvements, and that the amount of benefits specially accruing to each lot and parcel of land in the Project by reason of the construction of said improvement exceeds the amount assessed against each lot or parcel of land to pay the cost of said improvements.
Section 3. There is hereby levied and assessed upon the several lots and parcels of land in each Project special assessments to pay the cost of constructing such improvements in the amount in dollars and cents set out in Schedule 1 hereto attached, and which is made a part hereof by reference. The assessment upon the lot and parcel of land is not in excess of benefits thereto special accruing from the construction of such improvements, and the special assessments have been apportioned among the several lots and parcels of land subject to assessments in proportion to the special benefits accruing to the lot and parcel of land respectively from such improvements.
Section 4. Such special assessments shall be a lien on the property on which they are levied from the date of passage of this Resolution and shall be certified by the Clerk to the City Treasurer for collection. The Clerk shall also at the time provided by law cause such assessments or the portion thereof then remaining unpaid to be certified to the County Clerk of Saline County for entry upon the proper tax list. Such assessments shall be payable to the City Treasurer.
Section 5. Such special assessments above provided for shall become due in sixty (60) days after the date of the passage of this Resolution and may be paid within that time without interest, but if not paid, to bear interest thereafter at the rate of five percent (5%) per annum until delinquent; such assessments shall become delinquent in equal annual installments over a fifteen (15) year period. Delinquent installments shall bear interest at the rate provided by law until paid and shall be collected in the usual manner for the collection of taxes. A certified copy of said assessment schedule shall be filed by the Clerk with the City Treasurer and with the County Clerk of Saline County, Nebraska, as provided by law.
Motion was made by Schrock, seconded by Ryan to approve Resolution #13-38 relating to terms and assessments for Street Improvement Project No. 2012-1. On roll call voting aye, Krause, Drake, Ryan, Schock. Nays none. Motion carried. Resolution #13-38 was passed and approved this 26th day of November, 2013.
No further business to come before the City Council, motion was made by Drake, seconded by Krause, to adjourn the meeting. On roll call voting aye, Ryan, Schrock, Krause, Drake. Nays none. Motion carried. Meeting adjourned at 5:14 p.m.