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HomeMy WebLinkAbout878189 AFTER ENLARGEMENT VOT~ WHEREAS, the Oakley improvement and Service District Board of Directors filed a resolution with Lincoln County asking for the financing plan provided by the Wyoming Drinking W. at'er State Revoh, ing Loan:Fund to be submitted to the electors of the special district lbr approval 4S0 by special election; and WHEREAS, the electors of the special district, in a special election held on May 8, 2001, approved the acceptance of the financing plan provided by the Wyoming Drinking Water State Revolving Loan Fund; and WHEREAS, the :financing plan to b e considered was whether or not the Oakley improvement and Services District shall accept a loan from the State of Wyonfing in the amount o'f $~76,880 at an interest rate of four (43/0) percent to be paid back over twenty (20)years, the pm-pose of said loan being the design and construction of a waterline from the Kemmerer-Diamondville water system to the Oakley'hnprovement and Service District residences; and WHEREAS, the Board of Directors of the Oakley hnprovement and Service District passed a Resolution declaring their intent to order that the improvements described herein above in the amount approved in the election be paid for by a special assessment against the property located in' the District that benefits fi'om the development; and 'WltEREAS, the Board requested that the Lincoln County Clerk give notice, by advertisement once in a newspaper of general circulation in the County to the owners of the property ~n the District to be assessed in accord with § 18-1.2-117 W.S. (1999); and Oakl%, lmprove\Expa sion\Res, to Impose Assessme t After Enl u gement - 1- WHEREAS, the Lincoln County Clerk did give said notice by advertising once in a newspaper of general circulation in the County to the owners of the propmly in the District to be assessed in accord with ~ 18-12-117 W.S. (1999); and ~IEREAS, the Board had a copy of that same notice that was published by the Lincoln County Clerk. delivered by hand or ~U.S. first class mail; and WHEREAS, a public hearing was held according to that notice on July 23, 2001 beginning at 5:00 p.m. at 47 Oakley Subdivision, Lincoln County, Wyoming to hear~'all complaints and objections concerning the proposed improvement by owners of property sul~ject to the proposed assessment; and WHE~A S, said hearing was conducted in compliance with and complies with ~ ~ 1. 8-12-116 through 18-12-118, the Wyoming Administrative Procedures Act and proper notice was provided forty-five (45) days prior to the hearing; and WHEREAS, the Board heard and;'considered all complain.ts and objgctions concerning the proposed improvement from owners of property subject to the proposed assessment; and WHEREAS, the owners or agents representing prope~y owners tha~ had any objections to the proposed improvement were less that thirty percent (30%) of the projected dollar assessments to pay the cost of the improvement; and ~E~AS, as a result of the actions described above, the Board resolved t0 access a tax against each lot or parcel of land in the District in the amount of $650 per tap per year and said resolution was properly recorded and made known to all who would be assessed said tax; and ~EREAS, the Oakley ImprOvement and Se~ice District has been properly expanded after having met all statUto~ requirements for such expansion, including but not limited lo an election Oakley lmprove/Expansion~Res, to Impose Assessment After Enlargement -2- of ')x~"~;~ l't'''- 2001 wherein the electors in the previously that occurred on the day ~ ...... · , existing District and those in the area of proposed expansion approved the expansion and the electors in the area of proposed expansion specifically approved the mill levy or tax of $650 per tap per year pursuant to ~ 22-29-305 (a) (iv)W.S. (Lexis, 2001); and WHEREAS, all those property owners in the area of expansion have signed water tap agreements; and WHEREAS, ~ 22-29-306 (i) provides that upon an expansion of a Distr~ct, there Shall be no impairment of the rights of any creditor and that every creditor may enforce all the rights of the creditor in the same manner and to the same extent as if the change of organization had not been made. NOW, THEREFOr, BE IT RES OLVED that a special levy be assessed on property within the entire se~ice and improvement district, including the area of expansion whose owners have signed a water tap contract and thereby will be specifically benefitted by the improvement. BE IT FURTHER RES OL~ED that the nature of the improvement for which the assessment will be levied will be the design and ~onstmction of a water line from the Kemmerer-Diamondville water system to Oakley to provide potable waier to those property owners who have signed a water tap contract. The extent of the District to be improved is the newly formed Oakley Improvement and Service District. The extent of the improvements in the District will be to provide a main water line fi'om Diamondville to Oakley with smdller lines providing water to all prope~Xy owners within the District, who have signed a water tap contract. BE IT F[~THER RESOLVED that the property owners who have signed a water tap agreement with an appropriate legal description and upon whom the assessment shall he levied by Oakley Improve'~Expansion~Res, to hnpose Assessment After Enlargement - 3- the County Assessor are as follows: PLEASE SEE ATTACHMENT # 1 8 co BE IT FURTHER RESOLVED that the tax against each lot or parcel o:f' land listed above shall be $650 per tap per year, which shall become delinquent on the 10'}' day of November, 2002 and each year thereafter until the balance of a $176,880 loan with an interest rate of 4% to be repaid over a twenty year period is paid in full. Dated this ,::,:,,~ ,~ day of December, 2001. STATE OF WYOMING ) )SS. COUNTY OF LINCOLN ) Subscribed and SWOm beibre me this 2..{/:~:~ day of December, 2001 by Barbara Karel. Oakley hnprove\Expansion\Res, lo Impose Assessment After Enhtrgen~ent -4- STATE OF WYOMING ) · )ss. 8 COUNTY OF LINCOLN ) Subscribed and sworn before m e this 2,~i?[!;.I (lay of December, 2001 by D ale B a rn es. STATE OF WYOMING · ) SS. CO[~TY OF LINCOLN Subscribed and sworn before me this ~," ([ .... day of December, 2001 by Lori Donnafield. Oakley Improve\Expansion\Res, to Impose Assessment After Enlal gement -~- ~ ' ATTACHMENT #1 8 4 OAKLEY IMPROVEMENT AND SERVICE DISTRICT Approximate annual amounts to be assessed on the Water Project for the Oakley Improvement and Service District as of December 26, 2001' Estimated Annual Amottnt Name Number of Taps & Legal Descri. ption Carl Annala, et al 1 _ $650 348PR 85 - See Page Two Dale Barnes, et al 1½ $975 Lot 1 of Quarry Subdivision Wayne Donnafield, et al 1½ $975 Lot 1 of Block 1 of the Oakley Subdivision Bob Finney, et al 1 $650 Lot 5 of Oakley Subdivision Jay Fonnesbeck, et al 1 $650 Lot 6 of Oakley Subdivision Dan Gramke, et al 2 $1,300 Lot 5 of Quarry Subdivision Alan Harwood, et al 2½ $1,625 Lot 2 of Block 3 of the OakleY Subdivision Tom Lozier, et al ~. 1 $650 Lots 3 & 4 of Oakley ~ Subdivision George Miller, et al 2 $1,300 Lot 4 of Quarry Subdivision Gary Park, et al 1 $650 291PR 564 - See Page Two Russ Roberts, et al 2 $1,300 183PR 458 - See Page Two Robert Taylor, et al 1 $650 Lot 4 of Block 1 of the Oakley Subdivisioh Chris Toebes 1 $650 Lot 2 of Quarry Subdivision Stephen Trosclair, et al 1½ $975 Lot 2 of Block 2 of the .. Oakley Subdivision Total 20 $13,000 ATTACHMENT 1 - PAGE 2 OAKLEY IMPROVEMENT AND SERVICE DISTRICT Russ Roberts, et.al: Beginning at the northwest corner on said parcel being West 66.6 feet fi.om Comer No. 3 Tract 37: Thence south 54.41 feet to the South Right of Way line of the old Kemmerer~Granger Road which is also the southwest comer of land passes to adjacent landowner by the Wyoming Highway Department; Thence South 66.8 feet; Thence South 47014' East 130 feet; Thence South 60o00' east 190.8 feet; Thence North 100 Feet to the South Right of Way line and the southeast comer of land returned to landowner: Thence North 54.41 feet to the northeast comer 0fsaid parcel; Thence in a Northwesterly direction following a 7o00' curve on the centerline of the old Kemmerer~Granger Road a distance of 302.7 feet to the northwest comer and the point of beginning. Containing 0.92 acres more or less. Gary Park, et al: Commencing at Comer Number Two of Tract 37, T21N, R116W of the 6th P.M., Lincoln County, Wyoming, said comer being on the north line of said Section 4, T20N, R116W, as aforesaid; thence west along said north boundary of said Section ~ 4, a distance of 624.35 feet to the point of beginning of this description; thence west along said north line of said Section 4, a distance of 350.00 feet; thence south a distance of 124.50 feet; thence east a distance of 350.00 .feet; thence north a distance of 124.50 feet to the point ofbegin, ning of this description. Said parcel contains 1:00 acres of land more or less; Carl Annala, et al: A parcel of land lying within Township 20 North, Range 116 West o fthe 6th P.M., Lincoln County, Wyoming, and more particularly described as follows: Commencing at Tract Comer 38 37 thence S89°10' W, 1715.56 feet to the point of beginning of 23 S 36 this description, thence S47 °20'E 310.6 feet, thence S42 °40'W 285.00 feet, thence N56°20' W 161.00 feet, thence N4 °03' W 200.00 feet, thence N29° 13' E 156.59 feet to the point of beginning of this description, and containing 1.83 acres, more or less. ^ parcel of' land within~ Lot 2 of' Section 4, T20N R116W, of the 6tn P.M., Lincoln County, Wyoming, described in the Warranty Deed recorded in the Office of'the Ex- Offici© Register of` Deeds and Clerk of` Lincoln County, Wyoming in Book 395PR at Page 889, excepting therekom that portion of' land lying south of' the northern most line of` the right-of-way of' the Wyoming State Highway, US 30 North and excepting those parcels of` land within said Section transferred to Russell Eugene Roberts and'Charlene Paulsen Roberts by Warranty Deed dated December 21, 1981 and recorded in the Office of`the Ex-O£ficio Register of`Deeds and Clerk of`Lincoln County, Wyoming in Book 183PR at Page 458 and to Oary John Park m~d Susan Kay Park by Corrective Warranty Deed dated November 1, 1990 and recorded in the Office o£the Ex-Officio Register of Deeds and' Clerk of'LincOln County, Wyoming in Book 291PR at Page 564. Said parcel contains approximately 7 'acres of' land more or less.