HomeMy WebLinkAbout6.i. Special Assessment DeferralsAGENDA ITEM: Special Assessment Deferrals
AGENDA SECTION:
Consent
PREPARED BY: Andrew J. Brotzler, P.E City Engineer
AGENDA NO.
ATTACHMENTS: Resolution
APPROVED BY:
RECOMMENDED ACTION: Motion to Adopt the Attached Resolution
4 ROSEMOUNt 1
City Council Meeting October 17, 2006
BACKGROUND:
At the October 11, 2006 City Council work session, Council reviewed a draft resolution to adopt a special
assessment deferral pokey Based on this review and subsequent comments a revised resolution has been
prepared and is presented for Council approval. As previously discussed, this resolution idenufies the
parameters for City consideration to defer the payment of special assessments by property owners
Pending Council adoption of this resolution, a formal application form will be developed and made
available at City Hall.
SUMMARY:
CITY COUNCIL
Staff is requesting Council adopt the attached resolution
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EXECUTIVE SUMMARY
1 \Engtneenng Gnarled \October 17, 2006 \Assessment Deferral CC10 -17 -06 doe
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. 2006
WHEREAS, Minnesota Statutes, sections 435 193 through 435.195 authorize the City of Rosemount
to defer the payment of special assessments against any homestead property for certain citizens, and
WHEREAS, said deferment of assessment may be permitted at the discretion of the City Council;
and,
WHEREAS, the City Council of the City of Rosemount finds and determines that deferral of special
assessments for certain citizens is in the public interest; and
WHEREAS, it is necessary and proper that the City Council set forth its general policies and
guidelines for granting such deferments.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ROSEMOUNT,
MINNESOTA:
1. The City Council adopts this policy for deferment of special assessments for citizens who are
65 years of age or older or who are retired due to a permanent and total disability and for
whom it would be a hardship to make the payments.
2 The Council may defer the payment of any special assessment on homestead property when
payment of the assessment would create a financial hardship upon the property owner as
defined in this Resolution.
3. The deferment may be granted upon an application by the owner on a form prescribed by the
County Auditor, supplemented by the City Administrator, to establish the qualificanons of the
owner for said deferment All deferments shall be subject to renewal each following year upon
the filing of a sitrular application not later than August 15 The standard for renewal shall be
the same standard as for granting the original deferment The City Administrator shall either
grant or deny the deferment, and if it is granted, the deferred assessment shall bear interest at
the rate established in the resolution adopting the assessment If the deferment is granted, the
City Administrator shall notify the County Auditor who shall, in accordance with Minnesota
Statute 435 194, record a nonce of the deferment with the County Recorder setting for the
amount of the assessment.
4. A hardship shall be deemed prima face to exist, and the deferment may be approved by the
CityAdmuustrator, when all of the following apply:
A. The amount of the annual installment of the special assessment exceeds 3% of the
combined gross income of the applicant, spouse and family members hvuig m the
homestead, and
297395v2 CLL RS215 -3
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ATTEST'
RESOLUTION 2006
B. The annual installment of the special assessment to be deferred exceeds $400.00; and
G The net assets of the applicant and spouse, excluding eqwty m the homestead (County
Assessor's est mated market value less hens and mortgages on the homestead) do not
exceed $10,000
Notwithstanding the foregoing provisions of this paragraph, the City may consider exceptional
and unusual circumstances pertaining to an applicant not covered by the above standards; but
any determination shall be made in a non discriminatory manner and shall not give the
applicant an unreasonable preference or advantage over the other apphcants
5. Retirement by reason of permanent and total disability shall be deemed prima facie to exist
when the applicant presents a sworn affidavit by a licensed medical doctor attesting that the
apphcant is unable to be gainfully employed because of a permanent and total disability.
6. The option to defer the payment of special assessments shall terminate and all amounts
accumulated plus applicable interest shall become due upon the occurrence of any of the
following events:
A. The death of the owner when there is no spouse who is eligible for deferment,
B. The sale, transfer, or subdivision of all or any part of the property;
C. Loss of homestead status on the property;
D. Determination for any reason that a finannal hardship no longer exists, or
E. Failure to file a renewal application within the time prescribed by Paragraph 3.
ADOPTED this 17th day of October, 2006.
Amy Domeier, City Clerk
Mouon by Second by:
Voted m favor:
Voted against:
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William H Droste, Mayor