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HomeMy WebLinkAbout875240 RESOLUTION TO PRovIDE FOR SPECIAL ASSESSMENT (il WHEREAS, the Oakley improvement and Se~ice District Board of Directors filed a resolution with Lincoln County asking for the financing plan provided by the Wyoming Drinking Water State Revolving Lo~ FUnd to be submitted to the electors of tho special district for a~pr~val; and WHE~AS, the Wyoming Legislature in Senate File 47; Enrolled Act Number7 of the 56tn Legislature of the State of Wyoming, 2001 General Session provided'.for funding in the sum of $352,000 to the Oakley Water Supply Project expressly contingent upon the fo~ation of the Oakley Improvement ~d' Se~ice District and approval of a project financing plan by an election held pursuant to the Improvement and Service District Act, W.S. 18-12-101 tl~ough 18-12-140, and the Special District Elections Act of 1994, W.S. 22-29-101 through 22-29-408; and ~E~AS, the electors of the special district, in a special election held on May 8, 2001, approved the acceptance of the fiaaficing plan provided by the Wyoming DriVing Water State Revolving Loan Fund; and WHE~AS, the financing plan to be considered is whether or not the Oakley Improvement and Se~ices District shall accept a loan from the State of Wyo~ng in the amount o'f $176,880 at an interest rate of four (4%) percent to be paid back 0~er twenty (20) years, the pu~ose of Said loan being the design and construction ora waterline from the Kemmerer-Diamondville water system to the Oakley hnprovement and Service District residences; and WHE~AS, the Board of Directors of the Oakley Improvement and Se~ice District passed a Resolution declaring their intent to order that the improvements described tierein above in the Oakley ImprovementkResolution to Provide Assessment -1- $48 amount approved in the election be paid for by a special assessment against the property located in the district that benefits from the development; and WHEREAS, 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 in the district to be assessed in accord with § 18-12-117 W.S. (1999); and 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 property in the district to be assessed in accord With § 18-12-117 W.S. (1999); and WHEREAS, 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 sUbject to the proposed assessment; and WHEREAS, said hearing was conducted in compliance with that complies with § § 18-12- 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 complaints and objections concerning the proposed improvement from owners of property subject to the proposed assessment; and WHEREAS, the owners or agents representing property owners that 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. Oakley Improvement\Resolution to Provide.Assessment THEREFORE, BE IT RESOLVED that a special levy be assessed on property within NOW, the service and improvement district whose owners have signed a water tap contract and thereby will be specifically benefitted by the improvement. BE'IT FURTHER RESOLVED that the nature of the improvement for which the assessment will be levied will be the design and construction ora water line from the Kem~erer-Diamondville water system to Oakley to provide potable water to those property owners who have signed a water tap contract. The eXtent of the improvements in the district will be to provide a main Water line from Diamondville to Oakley with smaller lines providing water to all property owners within the district who have signed a water tap contract. BE IT FURTHER RESOLVED that the property owners who have s!gned a water tap agreement with an appropriate legal description and Upon whom the assessment ~hall be levied by the County Assessor are as follows: Please see Attachment t!l 1. 2. 3. 4. 5. 6. ' 7. 8. 9. 10. Oakley Improvement\Resolution to Provide Assessment -3- 550 12. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. BE IT FURTHER RESOLVED that the tax against each lot or parcel of land listed above shall be $650 par ~;ap per year which shall become delinquent on the 10th 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 23ra day of July, 2001. Oakley Improvement\Resolution to Provide Assessment -4- 551 ATTACHMENT 1 - PAGE 2 OAKLEY IMPROVEMENT AND SERVICE DISTRICT Russ Roberts, et ali Beginning at the northwest comer on said parcel being West 66.6 feet from 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 corner of land passes .to adjacent landowner by the Wyoming Highway Department; Thence South 66.8 feet; Thence South 47014' East 130 feet; Thence South 60000' 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 of said 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, RI'I 6W 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 of beginning of this description. S aid parcel contains 1.00 acres of land more or less; ..:: ' I/' E B~NES, Vice Chai~a~Treasurer LORI DO.AFIELD, ~r~ta~ STATE OF WYOM~G ) COUNTY OF L~COLN ) Subs~b~d and sworn before me this ~ !b day of August, 2001 by B~rb~r~ K~rel. I_~~.~~w~~~tY C0,dUlSSI0~I [X~S ~_ J Commission Exp'ikes: STATE OF ~OM~G ) COUNTY OF L~COLN ) Subscribed and sworn before me this q t~, day of August, 2001 by Dale Barnes, DEBRA A. HANSiZ~I ~ ~I01ARY PUBUC LI¢]COI, N -<,x~., NotaW Public t~c°2~'ssl°t~x~ Commission Expires: STATE OF ~OM~G ) )SS. CO~TY OF LINCOLN ) Subscribed and sworn before me this /:1 ~'~' day of August, 2001 by Lori Donnafield. LI~C0LN ~)~ ~0~NG Nota~ Public ~~~..~~.~MY COMMISSION EXPIR'ES a]O~]O3~ Commission Expires: Oakl~y Improvement\Resolution to Provide Assessment -5- 553 ATTACItMENT #1 OAKLEY IMPROVEMENT AND SERVICE DISTRICT Approximate annual amounts to be assessed on the Water Project for the Oakley Improvement and Service District as of June 4, 2001' Estimated Annual Amount Name Number o_f Taps & Legal Description Dale Barnes, et al 1¼' $975 Lot 1 of Quarry Subdivision Wayne Donnafield, et al 1½' $975 Lot 1 of:Block 1 of the Oakley Subdivision Dan Gramke, et al 7 $4,550 Lot 5 of Quarry Subdivision Alan Harwood, et al 2½* $1,625 Lot 2 of Block 3 of the Oakley Subdivision George Miller, et al' 2* $ i,300 Lo{ 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 Subdivision Stephen Trosclair, et al 1½' $975 Lot 2 of Block 2 of the Oakley Subdivision Total 20 $13,000 *Please note that as additional taps are added to future residents who come into the District and sign a water contract, the number of taps (and assessments) on the noted residents listed above will decrease accordingly.