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ORD 08-009ORDINANCE 08- 09 CITY OF ELK RIVER AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING SECTION 62 -1 "DEFERRAL" OF THE CITY CODE OF ORDINANCES The City Council of the City of Elk River does hereby ordain as follows: Section 1. Section 62 -1 titled, Deferral, of the City of Elk River Code of Ordinances shall be amended to read as follows: (a) 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: (1) Sixty -five years of age or older; (2) Retired by virtue of a permanent and total disability; or (3) A member of the National Guard or military reserve in active service. (b) In order to be eligible for the deferral, the annual household adjusted gross income of the owner(s) of the property shall not exceed the maximum income guidelines set by the Minnesota Department of Commerce for Minnesota Energy Assistance Program eligibility. (c) The deferral shall exist only as long as the property owner qualifies for the deferral, but not to exceed ten years. (d) 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: (1) The death of the owner, provided the spouse is not eligible for benefits under this section; (2) The sale, transfer, or subdivision of the property or any part thereof; (3) If the property should for any reason lose its homestead status; or (4) If for any reason the city council determines that there would be no hardship to require immediate or partial payment. (e) 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 roll. The property owner shall immediately notify the city finance department of the existence of any change in status which may affect eligibility for deferral. (f) The deferral may be extended beyond the initial ten years upon application of the property owner and approval by the city council. Section 2. That this ordinance shall take effect upon publication as provided by law. • Passed and adopted by the City Council of the City of Elk River this 18' day of August, 2008. • ATTEST: Tina Allard, City Clerk • • —>4Stepha '.eI<hnzing, May4Z� ORDINANCE 08- 09 CITY OF ELK RIVER AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING SECTION 62 -1 'DEFERRAL" OF THE CITY CODE OF ORDINANCES The City Council of the City of Elk River does hereby ordain as follows: Section 1. Section 62 -1 titled, Deferral, of the City of Elk River Code of Ordinances shall be amended to read as follows: (a) The city council is autho- rized to approve the deferral of the payment of a special assessment, against a-home- stead property if the owner of the property for which the assessment is deferred is: (1) Sixty -five years of age or older; (2) Retired by virtue of a permanent and total disability; or (3) A member of the National Guard or military reserve in active, service. (b) In order to be eligible for the deferral, the annual house- hold adjusted gross income of the owner(s) of the property shall not exceed the maximum income guidelines set by the Minnesota Department of Commerce for Minnesota Energy Assistance Program eligibility.. (c) The deferral shall exist only as long as the property owner qualifies for the deferral, but not to exceed ten years. (d) Interest on the deferred special assessment shall accrue during the deferral at the net interest rate of the improve- ment bond issue, as stated in the official bond document, per annum. The city council may require current payment of interest as a condition of defer- ral. Accumulated interest and the deferred payments shall become due and payable upon the occurrence of any of the following events: (1) The death of the owner, provided the spouse is not eli- gible for benefits under this section; (2) The sale, transfer, or sub- division of the property or any part thereof; (3) If the property should for any reason lose its homestead status; or (4) If for any reason the city council determines that there would be no hardship to require immediate or partial payment. AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF SHERBURNE SS Heidi Quanrud, being duly sworn on oath says that she is the office manager of the Newspaper known as the Star News, and has full knowledge of the facts which are stated below: (A) The Newspaper has complied with all of the requirements constituting qualifications as a qualified newspaper, as provided by Minnesota Statue 331A.02, 331A.07 and other applicable laws, as ammended. (B) The printed Ordinance 08 -09, which is attached was cut from the columns of said newspaper and was printed and published once a week for one week; it was first published on Wednesday, the 27th day of August, 2008, and was therefore printed and published on every Wednesday to and including Wednesday, the 27th day of August, 2008, 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 abcdefghijklmnopqrstuvwxyz UA6&'Co Office Manager Subscribed and sworn to before me on this 27th day of August, 2008 , ors 6'v., .CINDY M. SCHIMINSKI NOTARY PUBLIC MINNESOTA use *`My Commission Expires Jan. 31, 2010 Ly- _' ► ► 1 Notary Public 4 RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space (2) Maximum rate allowed by law for the above matter (3) Rate actually charged for the above matter 1,366,010 (line, word or inch rate) $ 14.85 (line, word or inch rate) $ 14.85 (line, word or inch rate) (e) The deferral of payment of special assessments may be ordered by resolutiowof the city council at the request of the property owner at any time following adoption of the assessment roll. The property owner shall immediately notify the city finance department of the existence of any change in status which may affect eligi- bility for deferral. (f) The deferral may be extended beyond the initial ten years upon application of the property owner and approval by the city council. Section 2. That this ordinance shall take effect upon publication as provided by law. Passed and adopted by the City Council of the City of Elk River this 18th day of August, 2008. Stephanie Klinzing, Mayor ATTEST: Tina Allard, City Clerk (Ag27)