92-011 ORD
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ORDINANCE 92 -11-
AN ORDINANCE OF THE CITY OF ELK RIVER
AN ORDINANCE PROVIDING FOR THE DEFERRAL OF
SPECIAL ASSESSMENTS BASED UPON HARDSHIP
The City Council of the City of Elk River ordains as
follows:
1. The Code of Ordinances for the City of Elk River shall
be amended by the addition of the following Section 1404:
Section 1404 - LOCAL IMPROVEMENT POLICY; SPECIAL ASSESSMENTS
1404.00 - DEFERRAL OF SPECIAL ASSESSMENTS
The City Council is authorized to approve the deferral of the
paYment of a special assessment against a homestead property if
the owner of the property for which the assessment is deferred
is:
a. Sixty-Five (65) years of age or holder; or
b. Retired by virtue of a permanent and total disability.
1. In order to be eligible for the deferral, the annual
household adjusted gross income of the owner of the property
shall not exceed an amount to be set annually by the City
Council by resolution.
2. The deferral shall exist only as long as the property
owner qualifies for the deferral, but not to exceed 10 years.
3. Interest on the deferred special assessment shall accrue
during the deferral at the Net Interest Rate of the improvement
bond issue, as stated in the official bond document, per
annum. The City Council may require current paYment of
interest as a condition of deferral. Accumulated interest and
the deferred payments shall become due and payable upon the
occurrence of any of the following events:
a. The death of the owner, provided the spouse is not
eligible for the benefits hereunder;
b. The sale, transfer, or subdivision of the property or
any part thereof;
c. If the property should for any reason lose its
homestead status; or
d. If for any reason the City Council determines that
there would be no hardship to require immediate or partial
payment.
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4. The deferral of payment of special assessments may be
ordered by resolution of the City Council at the request of the
property owner at any time following adoption of the assessment
role. The property owner shall immediately notify the City
Administrator's office of the existence of any change in status
which may affect eligibility for deferral.
2. This ordinance shall be in full force and effective
upon its publication according to law.
Passed and adopted at a regular meeting of the Elk River City
Council this 6th day of April, 1992.
J~if~
James A. Tralle, Mayor
Attest:
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Affi~avit of Publication
. STATE OF MINNESOTA )
)ss.
COUNTY OF SHERBURNE)
.
. Q(fY\~ '
being duly sworn, on oath says that he/she is the publisher or
authorized agent and employee of the publisher of the newspa-
per known as The Elk River Star News, and has full knowledge
of the facts which are stated below:
(A) The newspaper has complied with all the requirements
constituting qualification as a qualified newspaper, as provided
by Minnesota Statute 331A.02, 331A.07, and other applicaLle
laws, as amended.
(B) The printed (J /l j)~~ CJ::J.. ~ ) I
MEN'!"
ME
JsE
The'
prove' . dlJfe... JTalof the paym,t'n. of a
speei - entagainst a hpme ad
pro .' ',if the owner of the prope for
which the'~ssment is deferied
a. Sixty-Five (65) years of age or
or . '
b; 1Wtired by virtUe of a ~
and total disability~ .
1. In otder to be eligible for the
ral,the annual household adjusted
income of the owner of the pro
shall not exceed ,an amount to
annually by the Citr Council by olu-
tion. i .
2. The deferral shllll exist only a opg
as the property owner qualifies Co the'
deferral, but not to exceed 10 y .,
a. Interest on thedefetted speei as-
seslllXll"l:t shall accrue during the fer-
. ralatthe Net Interest Rate of th . im-
provement ;bond issue, as stated . 'the
offidbil bOnd document, per ann . .The
CityCounci11l1aY reqUire cUrrent pay-
mentolinterestas a condition of efer-
~. ~cculJlU1ated interest and . de-
fetted payments shall become du and
payable upon the OCCVJT6D.oo of. . of
the following events: · ,
a. The death of the owner, pro 'ded"
the spouse is not eligible forthe be fits
bereunder;
b. 'l'he. sllle, transfer, or subdivis on of.
the.pro.perty or any part the~f;
c.Iftheproperty should fOr" any son
lose its homestead status; Or"
d. If for any reason the City
determines that there would be no
ship . W require immediate or
pa~. .'
/4. The defeITal of payment of s
assessments may be ordered by
tionoftheCityCouncilatthe' stof
the property owner at any timetc ~w~
ipg adoption of the assessnieJlt rol . The
property owner shall immediano-
tifythe City Administrator's officefthe
existence of any change in status hich
. may affect eligibility for def<
2. This ordiQance shan be in
and ~ective uponits,publi
corcUDg to law.
Palllledandadoptedatl8rilgUlai' '. t-
ingoftheElkRiverCityCouncil . 6th
dayofAWt1, 1992. . .
h. James A"Tra11!,.
Attest._~~" .
San~~\'
, (Ap15
which is attached was cut from the columns of said newspaper I
and was printed and published once each week, for I ~-
cessive weeks; it was fll'st published on Wednesday, the I -
day of O~ ' 19!1b and was thereafter
printed and published on every Wednesday to and including
Wednesday, the_day of ,19_;
and printed below is a copy of the lower case alphabet from A to
Z, both inclusive, which is hereby acknowledged as being the size
and kind of type used in the composition and publication of the
notice.
a be de fg h ij kl m no pqrstu vwxyz
BY: ~ t7V\..
-
TITLE:
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Subscribed and sworn to before me on this h-
Qpt0-R ,19 q;;L.
, ~""
N~ TY). ~
CINDY M. SCHIMINSKI
~:' '~. '~'>' ANOKA COUNTY 10
RATE lNFO. '. on Expires June 10, 1993 \\.
(1) Lowest classified rate paid bY"!' ;.,"'.:~'y'l"> .. '1Ii'.f'.H.".A4WJ'~
commercial users for comparable
space
(2) Maximum rate allowed by law for
the above matter
(3) Rate actually charged for the
above matter
day of
$ lit tl5
$ 5&.3{
$ ~.?>S