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4.3. SR 12-10-2012 Elk = REQUEST FOR ACTION River To Item Number Mayor and City Council 4.3 Agenda Section Meeting Date Prepared by Consent December 10, 2012 Lori Stich,Accountant Item Description Reviewed by Resolution Levying Special Assessments for Private Utility Line Tim Simon, Finance Director Repairs Reviewed by Cal Portner, City Administrator Action Requested The City Council is asked to approve the attached resolution adopting and levying special assessments for repairs to private utility lines. Background/Discussion Minnesota Statutes Section 429.101 authorizes the city to levy an assessment against a property for the cost of repairs to private utility lines. Nine of the properties were on the old River Line and have now connected to the new line. One of the properties needed water line repairs. The property owners worked with the city engineer and Elk River Municipal Utilities and have signed a "Petition,Waiver and Agreement For Payment of the Cost of Repairs to Private Utility Lines" allowing the city to assess the repair costs to the property. The total amount assessed for the nine properties is $39,675.00. Financial Impact None Attachments • Resolution • List of properties and amounts assessed to each (Exhibit A) Action Motion by Second by Vote Follow Up RESOLUTION 12- A RESOLUTION FOR THE CITY OF ELK RIVER A RESOLUTION ADOPTING AND LEVYING ASSESSMENTS FOR UTILITY LINE REPAIRS WHEREAS, Chapter 78,Article I,Division 1 of the City of Elk River Code of Ordinances authorizes property owners who have private water and/or sewer lines which have failed to petition the city to pay the cost to repair the utility lines and to assess amounts paid by the city as a special charge under Minnesota Statutes, Section 429.101; and, WHEREAS, the property owners of the properties identified on Exhibit A attached hereto have each executed a Petition,Waiver and Agreement for Payment of the Costs of Repairs to Private Utility Lines requesting that the city pay the costs identified on Exhibit A attached hereto and assess the amounts paid by the city as a special charge under Minnesota Statutes, Section 429.101; and, WHEREAS, the property owners have each completed the work required to repair the utility lines and have submitted evidence of payment to the city in the amounts shown on Exhibit A attached hereto; and, WHEREAS, the property owners have waived the requirements for notice and a public hearing on assessment of the amounts shown on Exhibit A attached hereto; and, WHEREAS, the assessment of the amounts shown on Exhibit A attached hereto is authorized by Chapter 78,Article I,Division 1 of the City Code and Minnesota Statutes, Section 429.101. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River: 1. The assessments shown on Exhibit A attached hereto are hereby adopted and shall constitute a special assessment against the properties identified therein. 2. The assessments identified on Exhibit A shall be payable in annual installments including principal and interest, amortized in such amount annually as is required to pay the principal at the rate and term shown on Exhibit A. 3. The city clerk shall transmit to the county auditor a certified duplicate of attached Exhibit A to be extended on the property tax lists of the county. Such assessment shall be collected and paid over in the same manner as other municipal taxes. Passed and adopted by the City Council of the City of Elk River this 10"'day of December,2012. John Dietz,Mayor ATTEST: Tina Allard, City Clerk EXHIBIT A PID 75-408-0630 PID 75-408-0635 Amy Brand Robert & Anna Benner 1153 Main Street 1165 Main Street Total Assessment - $7,360.00 Total Assessment - $4,690.00 5 year repayment @ 1.85% 3 year repayment @ 1.9% PID 75-408-0640 PID 75-409-0605 Gary & Sandra Kroells John Houlton 1171 Main Street 1185 Main Street Total Assessment - $4,500.00 Total Assessment - $4,860.00 3 year repayment @ 1.9% 3 year repayment @ 1.85% PID 75-409-0610 PID 75-409-0630 Brad Johnson Jenny Kotaska 1209 Main Street 1237 Main Street Total Assessment - $2,900.00 Total Assessment - $3,100.00 3 year repayment @ 1.9% 3 year repayment @ 1.81% PID 75-409-0710 PID 75-409-0720 Sarah Brinwall Lester Lindblom 1313 Main Street 1319 Main Street Total Assessment - $2,640.00 Total Assessment - $2,640.00 3 year repayment @ 1.9% 3 year repayment @ 1.9% PID 75-409-0730 Lorraine Beyer 1331 Main Street Total Assessment - $2,530.00 3 year repayment @ 1.9% PID 75-408-0445 Mishawn Stewart 429 Oxford Avenue Total Assessment - $4,455.00 3 year repayment @ 1.88%