4.5. SR 10-25-1993
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ITEM 4.5.
TO:
FROM:
MAYOR & CITY COUNCIL
LORI JOHNSON, FINANCE DIRECTOR;1~
DATE: OCTOBER 19, 1993
SUBJECT: CONSIDER ADOPTION OF TRUNK
SANITARY SEWER AND WATER
ASSESSMENT ROLL FOR CHERRYHILL
BLUFFS SECOND ADDITION
As you may recall, at the September 27, 1993 Council meeting,
the two resolutions necessary to adopt the assessment roll for
trunk sanitary sewer and water improvements for the CherryHil1
Bluffs 2nd Addition were tabled. At that time it was believed
that Rick Foster would sign an amendment to the CherryHil1
Bluffs 2nd Addition Developer's Agreement which calls for a per
lot charge to be paid when a Certificate of Occupancy is issued
thus eliminating the need for a special assessment for trunk
sanitary sewer and water.
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Because a signed copy of the amendment to the Developer's
Agreement has not yet been received and discussion is still
taking place regarding the amount of the per lot charge
outlined in the amendment, it is appropriate for the City
Council to adopt the two attached resolutions so that
assessment collection can begin with the 1994 property taxes.
If the amendment to the Developer's Agreement is signed prior
to Monday night's Council meeting, no action on the attached
resolutions will be necessary.
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P.O. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
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RESOLUTION 93 -
RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION ADOPTING FINAL ASSESSMENT ROLL
WHEREAS,
upon due notice properly made as required by law, the Elk River
City Council has met and heard and passed upon all objections to the
proposed assessment for the Trunk Sanitary Sewer and Water
Improvement for CherryHill Bluffs 2nd Addition and has determined the
amount to be assessed against each individual property as the Council
deems just.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Elk River,
Minnesota:
1. Final assessment roll, a copy of which is attached hereto and
incorporated herein by this reference, is hereby accepted and adopted and
shall constitute the special assessment against the lands therein named.
Each such tract of land in the assessment roll is hereby found to be
benefitted by the improvement in an amount not less than the amount of
the assessment levied against it.
2. Such assessment shall be payable in equal annual installments, including
both principal and interest, amortized in such amount annually as is
required to pay the principal with interest as 5.75% over a period of
three years.
3.
The owner of any property so assessed, may, at any time prior to
certification to the County Auditor of the assessment or the first
installment thereof, pay to the City Treasurer the whole of the
assessment on such property, with interest accrued to the date of
payment; except that no interest shall be charged if the entire
assessment is paid within 30 days after the adoption of this Resolution.
Prepayment may also be made after the certification of the assessment or
first installment thereof by paying to the City Treasurer/Auditor the
entire amount of the assessment remaining unpaid with interest. In the
case of a payment made before November 15, interest will be calculated
through December 31 of the next succeeding year.
4. The City Administrator shall transmit to the County Auditor a certified
duplicate of the attached assessment roll 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 25th day
of OctOber, 1993.
Henry Duitsman, Mayor
ATTEST:
Sandra A. Thackeray, City Clerk
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RESOLUTION 93 -
RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION DETERMINING ASSESSED COST OF
IMPROVEMENT AND ORDERING PREPARATION OF
PROPOSED ASSESSMENT ROLL IN THE MATTER OF
TRUNK SANITARY SEWER AND WATER IMPROVEMENT OF 1993
FOR CHERRYHILL BLUFFS 2ND ADDITION
WHEREAS,
costs have been determined for the Trunk Sanitary Sewer and Water
Improvement for CherryHi11 Bluffs 2nd Addition consisting of a
contract price of $38,750.00 and expenses incurred or to be incurred
by the City in the making of the improvement in the amount of
$10,840.00 for a total cost of the improvement of $49,590.00.
NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Elk River,
Minnesota:
1. Based upon the City Assessment policies, it is determined that the
portion of this improvement to be paid by the City and not assessed to
benefitted properties is $0.
2. The portion of the cost to be assessed against benefitted properties
pursuant to the Elk River Assessment Policies shall be $49,590.00.
3.
The assessments shall be payable in equal annual installments and shall
extend over a period of three years, the first of the installments to be
payable on or before the first Monday in January 1994, with interest at
the rate of 5.75% per annum from the date of the adoption of the
assessment resolution.
4. The City Administrator, with the assistance of the Project Engineer,
shall forthwith calculate the proper amount to be specifically assessed
for such improvement against every assessable lot, piece, or parcel of
land, without regard to cash valuation, as provided by law, and shall
have available to the City Administrator's office a copy of the proposed
assessment roll for public inspection.
5. Upon completion of the proposed assessment roll, the City Administrator
shall notify the Council and schedule a public hearing upon the proposed
assessment, causing notice of the hearing by publication and mail to be
made at least two weeks prior to the hearing.
Passed and adopted by the City Council of the City of Elk River this 25th day
of October, 1993.
Henry Duitsman, Mayor
ATTEST:
Sandra A. Thackeray, City Clerk