4.11. A.& B. SR 12-05-2011REQUEST FOR ACTION
TO ITEM NUMBER
Ma or and Ci Council 4.11. A & B
AGENDA SECTION MEETING DATE PREPARED BY
Consent December 5, 2011 Lori Stich, Accountant
ITEM DESCRIPTION REVIEWED By
Resolutions Adopting and Levying Assessments for: Tim Simon, Finance Director
A. Unpaid Water Utility Service at 821 Irving Avenue REVIEWED BY
B. Water Repair Service at 517 Proctor Avenue Cal Portner, City Administrator
ACTION REQUESTED
The City Council is asked to adopt the following resolutions:
A. Adopting and Levying Assessments for Unpaid Water Utility Service as of September 30, 2011 at
817 Irving Avenue
B. Adopting and Levying Assessments for Water Repair Service at 517 Proctor Avenue
BACKGROUND/DISCUSSION
Section 78-43 of the city's ordinance authorizes the city to levy an assessment against property for any
unpaid water service charges as of September 30. All property owners who had delinquent water bills as
of that date received a notice informing them that they would be assessed and a penalty applied unless the
account was brought current. The delinquent balance for the property at 821 Irving Avenue was missed
on the list approved November 21, 2011. The total amount to be assessed for water service for this
property is $250.00.
Minnesota Statutes Section 429.101 authorizes the city to levy an assessment against property fox certain
repairs to private water service lines. The owner of the property at 517 Proctor Avenue has signed a
Petition, Waiver and Agreement to have the water service repair charges assessed to the property. The
Utilities Commission approved this assessment on November 15, 2011. The total amount to be assessed
for water service repairs is $5,813.50.
FINANCIAL IMPACT
None
ATTACHMENTS
^ List of properties assessed
^ Petition, Waiver and Agreement signed by property owner
^ Resolution Adopting and Levying Assessments for Unpaid Water Utility Services as of
September 30, 2011
^ Resolution Adopting and Levying Assessments for Water Service Repairs
Action Motion by Second by Vote
P®IfE1Ell B1'
N:\Public Bodies\Ciry Council\Council RCA\Agenda Packet\12-05-2011\Delin Assessments.docx ~~
RESOLUTION 1I-
A RESOLUTION OF THE CITY OF ELK RIVER
A RESOLUTION ADOPTING AND LEVYING ASSESSMENTS
FOR UNPAID WATER UTILITY SERVICES
AS OF SEPTEMBER 30, 201 I
WHEREAS, Minnesota Statutes Section 444.075 authorizes the Municipality to certify
unpaid charges to the county auditor with taxes against the property served
for collection as other taxes are collected; and,
WHEREAS, the city's ordinance Section 78-43 authorizes the Municipality to levy an
assessment against property for utilities collection equal to the unpaid
charges for each year as of September 30; and,
WHEREAS, all customers and property owners with delinquent balances as of September
30, 2011, have been given adequate notice of this pending assessment and
have been given opportunities to pay prior to this assessment being levied;
and,
WHEREAS, State law does not require a public hearing or notice before levying such
assessments.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River that
the parcels and amounts listed on Exhibit A attached hereto, are correct and made a part hereof, are
to be levied, and are to be certified to the Sherburne County Auditor.
Passed and adopted by the City Council of the City of Elk River this 5s' day of December, 2011.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
N:\Public Bodies\City Council\Coundl RCA\Agenda Packet\12-05-2011\NAPA Water Repairs.docx
EXHIBIT A
Delinquent Water
PID Name Service Address Total
75-416-0125 I1oyd Anderson 821 Irving Avenue $250.00
N:\Public Bodies\Ciry Council\Council RCA\Agenda Packet\12-05-2011\Delin Assessments.docx
RESOLUTION 1I-
A RESOLUTION OF THE CITY OF ELK RIVER
A RESOLUTION ADOPTING AND LEVYING ASSESSMENTS
FOR WATER SERVICE REPAIRS
WHEREAS, Minnesota Statutes Section 429.101 authorizes the Municipality to certify the
costs of certain repairs to private water service lines to the county auditor
with taxes against the property served for collection as other taxes are
collected; and,
WHEREAS, the city's ordinance Section 78-43 authorizes the Municipality to levy an
assessment against property for utilities collection equal to the unpaid
charges; and,
WHEREAS, the property owner has signed a Petition, Waiver and Agreement to have this
charge assessed to the property; and,
WHEREAS, State law does not require a public hearing or notice before levying such
assessments.
NOW, THEREFORE, BE IT RESOLVED by the Ciry Council of the Ciry of Elk River that
the parcels and amounts listed on Exhibit A attached hereto, are correct and made a part hereof, are
to be levied, and are to be certified to the Sherburne County Auditor.
Passed and adopted by the City Council of the City of Elk River this 5`~ day of December, 2011.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
N:\Public Bodies\Ciry Council\Council RCA\Agenda Packet\12-05-2011\NAPA Water Repairs.doac
EXHIBIT A
Water Service Line Repairs
PID Name Address Total
75-410-0310 Charles & Kathy Gravning 517 Proctor Avenue $5,813.50
N:\Public Bodies\City Council\Council RCA\Agenda Packet\72-05-2011\Delin Assessments.docx
PETITION, WAIVER AND AGREEMENT FOR PAYMENT OF THE CO5T OF REPAIRS
TO PRIVATE WATER SERVICE LINES AND ASSESSMENT OF AMOUNTS PAID AS A
SPECIAL CHARGF. UNDER
MINNESOTA STATUTES, SECTION 429.101
TO: City Council of the City of Elk River
~~(t~~)! S Cl ~ ~/' ~~t~dlj~(the Owners), owners of the property
located at ~7 ~/,O ~'~df' e~d+~~!(/L~ L®/,~'~,a~lly described on
Exhibit A attached hereto (the Property),
Petition the City of Elk River (the City) to pay the costs of certain repairs (the Repairs) to private
water service lines an the Property in an amount not to exceed that set forth on Exhibit B
attached hereto (the Cost of Repairs), and to levy a special asse~nart against the Property in the
amaunt of the Cost of Repairs as an unpaid special charge pursuant to Minnesota Statutes,
S~tion 429. l 41.
Owners acknowledge and agree: 1) that the Repairs iderified on Exhibit B are
reasonable and necessary repairs to eliminate the public health and safety hazard on the Property;
2) that the Cost of Repairs identified on Exhibit B are reasonable and necessary to affect the
Repairs and are the responsibility of Owners; and 3) that Owners have bear provided the
opportunity to pay the Cost of Repairs without tip City's involvement and have elected, instead,
to petition the City to pay the Cost of Repairs and to assess the full amount of the Cost of Repairs
to the Property.
Owners agree: l) to have the Repairs idartified on Exhibit B completed as required by
the policies and ordinances of the City and Elk River Municipal Utilities (ERMU); 2) to submit
evidence to the City that the Repairs have been inspected and accepted by the City Building
Official and ERMU; 3) that, upon completion and acceptance of the Repairs, ERMU shall make
payment to the Owner's contractor or other parties who performed the Repairs in an amount not
to exceed the Cost of Repairs identified on Exhibit B; 4) that payment by the ERMU of the Cost
of Repairs shall create an unpaid special charge against the Property; 5) that this unpaid special
charge shall be specially assessed against the Property by the City pursuant to Minnesota
Statutes, Section 429.101; and 6) that the special assessment shall be payable in _~ equal
annual installments with interest accruing on unpaid installments at the rate of _~%.
Owners represent and warrant that they are the sole fee Owners of the Property and agree
to make payment of all assessments levied pursuant to this Petition, Waiver and Agreement foz
Payment of the Cost of Repairs.
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Owners expressly waive objection to any irregularity with regard to the assessment of the
Property for the Cost of Repairs, expressly agree that the amount assessed is reasonable,
expressly waive any claim that the amount assessed is excessive, expressly waive all rights of
appeal, including any rights under Chapter 429, Minnesota Statutes, from the assessment by the
City of the Cast of Repairs, and expressly agree to pay when due all assessments levied for the
Cost of Repairs.
Dated this ~ day of /Za1/ , 20,~.
OWN R
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EXHIBIT A
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Parcel ID: 75-410-0310
Property Address: 517 PROCTOR AVE NW, F.,I,K RIVER
Plat: 410-W H HOULTONS ADDTFION
Sec-Twp-Rng: Sec.33 T33N R26W
Legal Description: N 60 FT OF LOT i 8c 2 & N 60 FT OF E 1-2 OF LOT 3, BLK 3
Last Recording: A 564261 Date: 09/23/2004
N:\Public Bodies\City Council\Council RCA\Agenda Packet\12-OS-20]]\NAPA Water Repairs.docx
EXHIBIT B
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N:\Public Bodies\City Council\Council RCA\Agenda Packet\12-05-2011\NAPA Water Repairs.docx