2007-46RESOLUTION 2007 — 46
COUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, the City of Blair on August 8, 2006 by Ordinance No. 2081, created Paving
and Storm Sewer District No. 188 and on June 13, 2006 by Ordinance 2070, created Water
Extension District No. 46; and
WHEREAS, these districts included land adjacent but outside of the City of Blair, some of
which was and continues to be, within an agricultural use zone and is used for agricultural
purposes; and
WHEREAS, John and Donna Henton, property owners located within Paving and Storm
Sewer District No. 188 and Water Extension District No. 46 have requested an agricultural deferral
of special assessments claim that the land in question is used for agricultural purposes; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
CITY OF BLAIR, NEBRASKA, that:
1. The special assessments to be levied under Paving and Storm Sewer District No.
188 and Water Extension District No. 46 upon the tracts of land described in Exhibit "A"
attached hereto shall be deferred in accordance with Neb. Rev. Stat. § 19 -2428 - § 19 -2431
until said deferral is terminated.
2. That during said deferral, no principal payments shall become due and no interest
shall accrue upon the assessment.
3. That upon termination of the deferral, the principal amount of the special
assessment shall be amortized over a term of 15 years from that date. The first such
installment shall become delinquent in fifty days after termination of the deferral. Each
installment except the first shall draw interest at seven percent (7 %) per annum from and
after the date of termination of the deferral until the same shall become delinquent.
Delinquent installments shall draw interest at fourteen percent (14 %) per annum.
COUNCIL MEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER BIFFAR. UPON
ROLL CALL, COUNCIL MEMBERS FANOELE, CHRISTIANSEN, ABBOTT, WOLFF AND
BIFFAR VOTING "AYE ", AND COUNCIL MEMBERS SHOTWELL VOTING "NAY ", THE
MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS
24TH DAY OF JULY, 2007.
CITY OF BLAIR, NEBRASKA
C
ES E. REALPH, MAYOR
ATTEST:
(SEAL)
Z. z
BRENDA R. WHEELER, CITY CLERK
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
BRENDA R. WHEELER hereby certifies that she is the duly appointed, qualified and
acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was
passed and adopted at a regular meeting of the Mayor and City Council of said city held on the 24th
day of July, 2007.
ra
BRENDA R. WHEELER, CITY CLETK
Tax Lot 47 Section 27, Township 18
North, Range 11 East of the 6 th PM
John and Donna Henton
13092 US Highway 30
Blair, NE 68008
Exhibit "A"
Water Paving /Storm Sewer
$12,329.83 $22,317.13
AGREEMENT
This Agreement entered into on July 24, 2007 by and between the City of Blair, Nebraska,
hereinafter referred to as City and John and Donna Henton, hereinafter referred to as Owner.
Whereas, Owner is the title owner of the following described real estate:
Tax Lot 47 Section 27, Township 18 North, Range 11 East of the 6 PM
13092 US Highway 30, Blair, Nebraska 68008
WHEREAS, Owner has made a request pursuant to Nebraska Rev. Stat. § 19 -2428 - § 19 -2431
for a deferral of a special assessment on said real estate indicating that the real estate in question was
and continues to be within a agricultural zone and is used for agricultural purposes.
1. That the City of Blair has agreed to allow this deferral pursuant to § 19 -2428 - §19-
2431 and that during the time of the deferral, no principal payments shall be due
and no interest shall accrue upon the special assessment on said real estate.
2. That during said deferral, no principal payments shall become due and no interest
shall accrue upon the assessment.
3. That upon termination of the deferral, the principal amount of the special
assessment shall be amortized over a term of 15 years from that date. The first such
installment shall become delinquent in fifty (50) days after termination of the
deferral. Each installment except the first shall draw interest at seven percent (7 %)
per annum from and after the date of termination of the deferral until the same shall
become delinquent. Delinquent installments shall draw interest at fourteen percent
(14 %) per annum.
4. This deferral shall end if the real estate receiving the deferral is sold or transferred
to a different owner, the real estate is transferred by reason of death, the real estate
is no longer being used for agricultural purposes, there is a change in the zoning to
any other than an agricultural zone, if the real estate owner connects to any
municipal utility including water or sewer, the owner connects to the improved
paved road in any way, the real estate is annexed into the City of Blair or at any
time that the deferral is terminated by majority vote of the Blair City Council.
5. That the owner waives any right to object or protest or subsequently challenge the
special assessment on said real estate as a result of this deferral agreement.
6. That if a court deems that this agreement is unenforceable or invalid the owner
shall be responsible for the assessment amount as indicated. The first installment
shall become delinquent fifty (50) days from the date of the final termination by the
court according to the terms as indicated in paragraph 4 above.
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Date
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Date
By
By
Donna Hento''
Realph, Mayor