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RES 23-26G:y of Elk — River Resolution. 23-26 A Final Resolution Accepting the Petition, Waiver, and Agreement for Payment of the Cost to Design, Bid, and Construct the Decommissioning of the Rolling Hills Subdivision Subsurface Sewage Treatment and Connection to the City Sanitary Sewer System WHEREAS, in January of 2023, all owners ("Property Owners") of the 28 properties located within the Rolling Hills subdivision ("Properties"), filed a Petition, Waiver and Agreement for Payment of the Cost to Design and Bid the Decommissioning of the Existing Rolling Hills Subdivision Subsurface Sewage Treatment System ("SSTS") and Connecting the Rolling Hills Subdivision to the City of Elk River Sanitary Sewer System, and for Assessment of Amounts Paid as a Special Charge Under Minnesota Statutes, Chapter 429 ("First Petition"); and WHEREAS, by Resolution 23-04, the City of Elk River ("City") accepted the First Petition and ordered the design and bidding of the Decommissioning of the Existing Rolling Hills "SSTS" and Connecting the Rolling Hills Subdivision to the City of Elk River Sanitary Sewer System, which included a not -to -exceed amount special assessment amount for the design and bidding of the proposed decommissioning and connection project; and WHEREAS, the design and bidding work contemplated by the First Petition and approved by Resolution 23-04 is complete, and the decommissioning and connection project is ready to proceed; and WHEREAS, the Property Owners, filed a Petition, Waiver and Agreement for Payment of the Cost to Decommission the Existing Rolling Hills SSTS and Connect the Rolling Hills Subdivision to the City of Elk River Sanitary Sewer System pursuant to the plans and specifications, and for Assessment of Amounts Paid as a Special Charge Under Minnesota Statutes, Chapter 429 ("Second Petition"); and WHEREAS, the City acknowledges that the SSTS has failed, that the failure of the SSTS has created a public health and safety hazard; that in lieu of replacing the SSTS the Owners have collectively agreed to connect the Subdivision to the City of Elk River Sanitary Sewer System; that the proposal is reasonable and necessary to connect the Subdivision to the Sanitary Sewer System and to eliminate the public health and safety hazard from the Properties. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota, as follows: 226789v2 The City accepts the Second Petition as filed by the Property Owners, which waives all hearing rights, and finds that the Second Petition represents all Properties within the Rolling Hills subdivision. 2. The City shall undertake to Decommission of the Existing Rolling Hills SSSTS and Construct the Connection of the Rolling Hills Subdivision to the City of Elk River Sanitary Sewer System ("Project"). 3. City is staff is directed to perform title work on all Properties in the Second Petition, which is an administrative cost of the Project. 4. Bolton & Menk, Inc. is hereby designated as the engineer for the Project, and Northdale Construction Company is the Contractor for the Project. 5. The not -to -exceed special assessment amount for design through bidding that was previously approved by Resolution 23-04, is hereby incorporated with a definite amount into the total project cost to be assessed under this Resolution. 6. Pursuant to the First and Second Petitions, the City shall levy a special assessment against each Property in the Subdivision as pursuant to Minnesota Statutes, Section 429.031, subd. 3, in the amount of the total cost of the Project (including all City administrative and other costs attributable to the Project, but subtracting a State Grant in the amount of $1,100,000.00) in equal amounts to each of the 28 lots in the Subdivision, for a total amount not to exceed $2,311,051.69, which shall be $44.037.56 for each of the 28 lots, as shown on the attached Exhibit A ("Assessment Roll") The Assessment roll is hereby adopted and shall constitute the special assessment against the lands named therein, and each and every tract of land therein included is hereby found to be benefited by the proposed improvement and the amount of the assessment levied against it. S. Such assessment shall be payable in equal annual installments extending over a period of 20 years, the first of the installments to be payable on or before the first Monday in January (year) and shall bear interest at the rate of 5.3 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, (year). To each subsequent installment, when due, shall be added interest for one year on all unpaid installments. 9. The owner of any property so assessed may, at any time prior to certificate of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the city treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he/she may, at any time thereafter, pay to the city treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 226789v2 u 10. The clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. 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