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Ord 2020-037/approved an update to the Service and Assessment Plan for the Whisper Public Improvement District; making a finding of special benefit to the property in the district, levying additional assessments against property with the district; establi
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Ord 2020-037/approved an update to the Service and Assessment Plan for the Whisper Public Improvement District; making a finding of special benefit to the property in the district, levying additional assessments against property with the district; establi
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of the next Annual Service Plan Update; (3) the obligation to pay the Assessment and <br />corresponding Annual Installments shall terminate; and (4) the City shall provide the owner with <br />a recordable "Notice of PID Assessment Termination," a form of which is attached as Exhibit J. <br />If an Assessment is pre -paid in part, with Prepayment Costs: (1) the Administrator shall cause the <br />Assessment to be reduced and the Assessment Roll revised accordingly; (2) the Administrator <br />shall cause the revised Assessment Roll to be approved by the City Council as part of the next <br />Annual Service Plan Update; and (3) the Assessment obligation that is outstanding will be reduced <br />to the extent a Prepayment is made. <br />F. Prepayment as a result of Eminent Domain Proceeding or Taking <br />If any portion of any Parcel of Assessed Property is taken from an owner as a result of eminent <br />domain proceedings or if a transfer of any portion of any Parcel of Assessed Property is made to <br />an entity with the authority to condemn all or a portion of the Assessed Property in lieu of or as <br />a part of an eminent domain proceeding (a "Taking"), the portion of the Assessed Property that <br />was taken or transferred (the "Taken Property") shall be reclassified as Non -Benefitted Property. <br />For the Assessed Property that is subject to the Taking as described in the preceding paragraph, <br />the Assessment that was levied against the Assessed Property (when it was included in the Taken <br />Property) prior to the Taking shall remain in force against the remaining Assessed Property (the <br />Assessed Property less the Taken Property), (the "Remaining Property") following the <br />reclassification of the Taken Property as Non -Benefitted Property, subject to an adjustment of <br />the Assessment applicable to the Remaining Property after any required Prepayment as set forth <br />below. The owner will remain liable to pay in Annual Installments, or payable as otherwise <br />provided by this Service and Assessment Plan, as updated, or the PID Act, the Assessment that <br />remains due on the Remaining Property, subject to an adjustment in the Annual Installments <br />applicable to the Remaining Property after any required Prepayment as set forth below. <br />Notwithstanding the foregoing, if the Assessment that remains due on the Remaining Property <br />exceeds the Maximum Assessment, the owner will be required to make a Prepayment in an <br />amount necessary to ensure that the Assessment against the Remaining Property does not <br />exceed the Maximum Assessment, in which case the Assessment and Annual Installments <br />applicable to the Remaining Property will be reduced by the amount of the partial Prepayment. <br />In all instances the Assessment remaining on the Remaining Property shall not exceed the <br />Maximum Assessment. <br />By way of illustration, if an owner owns 100 acres of Assessed Property subject to a $100 <br />Assessment and 10 acres is taken through a Taking, the 10 acres of Taken Property shall be <br />reclassified as Non -Benefitted Property and the remaining 90 acres of Remaining Property shall <br />be subject to the $100 Assessment, (provided that this $100 Assessment does not exceed the <br />Maximum Assessment on the Remaining Property). If the Administrator determines that the <br />uuuuuu�uuuiuiui�iu�i�ui��iouuuoiouuuuuuuu�uuuuuuuuuuuuuuuuuuuuuu�ui�uououuuiouuuum� oi�u��u���muuuuii��uouuouuuuuuuuuuuuuouuuuuuuuuuuuuuuuuuuuuuuuuuuuu <br />WHISPER PID SAP 18 <br />
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