The City Clerk reported that the Project Engineers had filed the final schedule of assessments covering the 2009 South Cedar Street Reconstruction Project, as directed by resolution of the City Council previously adopted.

Thereupon, Council Member Yeoman 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 Merfeld and after due consideration thereof by the Council, the Mayor Pro Tem put the question upon the motion and the roll being called, the following named Council Members voted:

Ayes: Yeoman, Merfeld, Sauser, Lux and Muller.

Nays: None.

Whereupon, the Mayor Pro Tem declared said motion duly carried and said resolution adopted, as follows:

RESOLUTION NO. 11-36

Adopting Final Assessment Schedule for the 2009 South Cedar Street Reconstruction Project and Amending, Confirming and Levying the Assessments

WHEREAS, heretofore and in strict compliance with Chapter 384 of the Code of Iowa, this Council did, pursuant to a Resolution of Necessity duly adopted, order the construction of the 2009 South Cedar Street Reconstruction 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 Monticello, Iowa, as follows:

Section 1. The final assessment schedule filed by the Project Engineers covering the 2009 South Cedar Street Reconstruction Project is hereby amended as follows: None

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 One Hundred Dollars ($100.00) or more is hereby divided into 10 equal installments, as near as may be.

Section 5. All unpaid installments shall bear interest at the rate of 3.80% per annum, from February 7, 2011 (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 6. The first installment of the unpaid assessments shall be due and payable at the office of the County Treasurer of Jones County on the first day of July 2011, and shall become delinquent from October 1, 2011, 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 2012 to 2020, inclusive.

Section 8. All assessments in the amount of less than One Hundred Dollars ($100.00) shall become due and payable in full on the first day of July, 2011.

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 and interest of 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 Jones 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 Monticello, Iowa, the first publication to be not more than 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 form substantially as follows:

NOTICE OF FILING OF FINAL ASSESSMENT SCHEDULE FOR THE

2009 SOUTH CEDAR STREET RECONSTRUCTION PROJECT

MONTICELLO, IOWA

TO WHOM IT MAY CONCERN: Take notice that the City Council of the City of Monticello, Iowa, has adopted the final assessment schedule covering the 2009 South Cedar Street Reconstruction Project, which was duly certified to the County Treasurer of Jones County, Iowa, on the ____ day of March, 2011, all in accordance with Section 384.60 of the Code of Iowa.

All of the following described property shall be assessed by reason of such improvement project:

• South Cedar Street from West Washington to Main Street

• South Maple Street from South Cedar Street to approximately 30’ east of South Cedar Street

• East Dunham Street from South Cedar Street to approximately 30’ east of South Cedar Street

• East South Street from South Cedar Street to 25’ east of South Cedar Street

• West South Street from South Cedar Street to approximately 30’ west of South Cedar Street

• West Burroughs Street from South Cedar Street to approximately 130’ west of South Cedar Street

• East Burroughs Street from South Cedar Street to approximately 40’ east of South Cedar Street

• West Buckeye Street from South Cedar Street to approximately 145’ west of South Cedar Street

• West Varvel Street from South Cedar Street to approximately 120’ west of South Cedar Street

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 One Hundred Dollars ($100.00) or more which are not paid in full within the aforementioned time period will be divided into 10 equal annual installments due on the first day of July, commencing July 1, 2011. All unpaid special assessments will draw annual interest at 3.80% computed initially from the date of acceptance of the work on the 2009 South Cedar Street Reconstruction Project to December 1, 2011, 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.

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 Monticello, Iowa.

Sally Hinrichsen

City Clerk

(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 $______________).

Section 12. All resolutions or parts of resolutions in conflict herewith are hereby repealed, to the extent of such conflict.

Passed and approved this 7th day of March, 2011.

John Sauser, Mayor Pro Tem

Attest:

Sally Hinrichsen, City Clerk

• • • •

There being no further business to come before the meeting, it was upon motion and vote adjourned.

John Sauser, Mayor Pro Tem

Attest:

Sally Hinrichsen, City Clerk

STATE OF IOWA

COUNTY OF JONES SS:

CITY OF MONTICELLO

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 2009 South Cedar Street Reconstruction 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 and the seal of the City hereto affixed this ____ day of March, 2011.

Sally Hinrichsen, City Clerk

(Seal)

STATE OF IOWA

SS:

COUNTY OF JONES

I, the undersigned County Treasurer of Jones County, Iowa, do hereby certify that the City Clerk of the City of Monticello, Iowa, did file in my office on the ___ day of ____________________, 2011, a final schedule of assessments on the City’s 2009 South Cedar Street Reconstruction 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 and the seal of said County hereto affixed this ___ day of _______________________, 2011.

County Treasurer

(Seal)

(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 JONES SS:

CITY OF MONTICELLO

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 2009 South Cedar Street Reconstruction Project, was published on the date 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 ______________, 200__, I deposited and mailed in the United States mail, 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 and the seal of the aforementioned City hereto affixed this ___ day of ___________________, 200__.

Sally Hinrichsen, City Clerk

(Seal)

(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.)

SPECIAL ASSESSMENT STATEMENT

MONTICELLO, IOWA

2009 South Cedar Street Reconstruction PROJECT

I, the undersigned, City Clerk of the City of Monticello, Iowa, do hereby certify that the status of the assessments levied on the 16th day of January, 2006, for the 2009 South Cedar Street Reconstruction 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) $ 73,012.62

2. Total amount of assessments paid in

cash (including assessments of less than $100.00) $ .00

3. Total amount of unpaid assessments

of less than $100.00 $ 00.00

4. Total amount of unpaid assessments on agricultural

property for which deferments have been requested $ 00.00

5. Sum of items 2 through 4 $ .00

6. Total amount of unpaid assessments to be paid

in future installments and not included

above (item 1 less item 5) $ .00

WITNESS MY HAND and the seal of said City hereto affixed, this th day of April, 2011.

Sally Hinrichsen, City Clerk

(Seal)

(NOT TO BE EXECUTED UNTIL 30 DAYS AFTER THE DATE OF THE FIRST PUBLICATION OF THE NOTICE OF FILING OF FINAL ASSESSMENT SCHEDULE.)

We have prepared and enclosed proceedings for your use at the time the work on the project is accepted and the assessments are levied by the Council. These proceedings have been prepared to allow the City to charge interest on unpaid assessments at the rate of 3.75%.

The proceedings enclosed include the following items:

1. Resolution accepting the work.

The total cost of the project and the amount which is to be assessed must be inserted in Section 2 of the resolution.

Please be certain that the Project Engineers’ certificate of completion and final estimate of cost are on file prior to the adoption of this resolution.

In addition, please attach a copy of the Project Engineers’ final estimate of cost and certificate of completion to the completed transcript which you return.

2. 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.

Section 11 of this resolution includes the Notice of Filing of Final Assessment Schedule. Please have the Project Engineers carefully check the legal description of the property being assessed before this notice is published and mailed.

The schedule of assessments should be prepared on the basis of current property owners, and the Project Engineers should carefully check the records in the office of the County Auditor to obtain the names of current owners.

3. Certificate attesting the transcript.

4. Certificate attesting to the filing of the final assessment schedule and the date of the same.

5. Certificate regarding the giving of notice. The publisher’s original affidavit, with a clipping of the notice as published attached thereto, as well as a duplicate of the notice as mailed, must be attached to this certificate.

6. 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.

b. Obtain the Treasurer’s signature on the certificate attesting to the filing of the schedule of assessments.

c. Arrange for the publication of the Notice of Filing of the Final Assessment Schedule. (An extra copy of the notice is enclosed 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 and be sure that the legal description of the area being assessed has been checked by the Project Engineers.

The notice must be published on the same day of the week for two successive 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, as shown by the records in the office of the County Auditor. (A sample form of the notice which should be mailed to each property owner is also enclosed.) 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 certificate as to possible litigation and the Special Assessment Statement following the required waiting periods.

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 the Final Assessment Schedule. Payments of any amount may be made during this 30-day period.

Following the 30-day period in which assessments may be paid in cash, a list of the unpaid assessments should be filed with the County Treasurer. The Iowa Code provides that all unpaid assessments in excess of $100 must be divided into ten equal installments, 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.