4.6. SR 01-19-2016Request for Action
To
Item Number
Mayor and City Council
4.6
Agenda Section
Meeting Date
Prepared by
Consent
January 19, 2016
Tim Simon, Finance Director
Item Description
Reviewed by
Petition, Waiver, and Agreement for 12065
Cal Portner, City Administrator
Reviewed by
Highland Road
Action Requested
Approve, by motion, Petition, Waiver, and Agreement for payment and assessment of costs associated
with the sewer and water connection at 12065 Highland Road.
Background/Discussion
According to the adopted policy, Petition, Waiver, and Agreements in excess of $20,000 must be
approved by the City Council. Staff has reviewed this petition and recommends approval.
Financial Impact
The $37,337.99 costs associated with this connection will be repaid to the city by the property owner as a
special assessment over a 15 -year term.
Attachments
Signed Petition, Waiver, and Agreement
P o w E H E U e r
ATURE
PETITION, WAIVER AND AGREEMENT FOR PAYMENT 1= THE COST OF
INSTALLATION AND CONNECTION OF, OR REPAIRS TO, PRIVATE UTILITY LINES
AND ASSESSMENT OF AMOUNTS PAID AS A SPECIAL CHARGE UNDER
MINNESOTA STATUTES, SECTION 429.101
TO: City, Council of the City of Elk River
�(the Owners), owners of the property
........... ....
Co o el
located at and legally described on
Exhibit A attached hereto (the Property),
Petition the City of Elk River (the City) to pay the costs of installation and connection of, or
Repairs to, (the Work) private utility lines located on the Property or in the Right -of -Way
directly adjacent to the Property, including:
Installation and connection of private water service lines
n.
Installation and connection of private sanitary sewer service lines
- Repair of private water service lines
Repair of private sanitary sewer service lines
In an amount not to exceed that set forth on Exhibit B attached hereto (Cost of the Work); and,
To levy a special assessment against the Property as an unpaid special charge pursuant to
Minnesota Statutes, Section 429.101 in the amount of the Cost of Work plus the total of the
following charges (if Applicable):.
Lf 7 0 000 Cost of the Work (from Exhibit B)
Via' , o 0 - Sewer Access Charge (fill in current year fee)
2,. "11 — Water Access Charge (fill in current year fee)
o 0 , o u
4-Z Trunk/Lateral Charges (to be determined based on
costs to provide services,)
7� 'S
TOTAL ASSESSMENT AMOUNT
(Sum of all listed amounts)
Owners acknowledge and agree-
IIls tallation and connection: 1) that the Property is required to be connected to
the Cit /Water andlor sanitary sewer systems; 2) that the Property is not connected to the public
water and/or sanitary sewer services as required; 3) that the Work identified on Exhibit B is
reasonable and necessary to connect the Property to the City water and/or sanitary sewer system;
4) that the Cost of the Work identified on Exhibit B is reasonable and necessary to affect the
Work and is the responsibility of Owners; and 5) that Owners have been provided the
opportunity to pay the Cost of the Work without the City's involvement and have elected,,
instead, to petition the City to pay the Cost of the Work and to assess the full amount of the Cost
of the Work to the Property.
Repairs: 1) that there has been a failure of the utility lines on the Property;
2) that the failure of the utility lines has created a public health and safety hazard on the
Property; 3) that the Work identified on Exhibit B is reasonable and necessary to eliminate the
public health and safety hazard on the Property; 4) that the Cost of the Work identified on
Exhibit B is reasonable and necessary to affect the Work and is the responsibility of Owners; and
5) that Owners have been provided the opportunity to pay the Cost of the Work without the
City's involvement and have elected, instead, to petition the City to pay the Cost of the Work
and to assess the full amount of the Cost of the Work to the Property.
Owners acknowledge that the City may accept or reject this Petition, Waiver and
Agreement in its sole discretion, for any reason, including, but not limited to, the availability of
City funds to pay the Costs of the Work and agree, if the City accepts this, Petition, Waiver and
Agreement: 1) to have the Work identified on Exhibit B completed as required by the policies
and ordinances of the City; 2) that the Work performed shall be privately contracted by the
Owners; 3) that the City shall bear no responsibility for or liability related to the performance of
the Work; 4) that Owners shall hold harmless and indeinnify the City from any claims related to
the performance of the Work; 5) to procure and pay the cost of all permits required for the work;
6) to submit evidence to the City that the Work has been inspected and accepted by the City
Building Official-, 7) that, upon completion and acceptance of the Work, City shall make
payment to the Owner's contractor or other parties who performed the Work in an amount not to
exceed the Cost of the Work identified on Exhibit B; 8,) that payment by the City of the Cost of
the Work shall create an unpaid special charge against the Property; 9) that this unpaid special
charge shall be specially assessed against the Property by the City pursuant to Minnesota
Statutes, Section 429.101; and 10) that the special assessment shall be payable in equal
annual installments with interest accruing on unpaid installments at the rate of
Owners expressly waive the right to a hearing on assessments levied pursuant to this
petition; expressly waive objection to any irregularity with regard to the assessment of the
Property for the Cost of the Work; expressly agree that the amount assessed is reasonable;
expressly waive any claire 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 Cost of the Work; and expressly agree to pay when due all assessments levied for the
Cost of the Work.
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EXHIBIT A
Legal Description
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