3.5. SR 12-07-2009\'
REQUEST FOR ACTION
To Item Number
Ci Council 3.5.
Agenda Section Meeting Date Prepared by
Consent December 7, 2009 Lori Stich, Accountant
Item Description Reviewed by
Consider Resolution Levying Special Assessment for Water Lori ohnson, Ci Administrator
Service Repairs Reviewed by
Action Requested
At the request of the Elk River Municipal Utilities Commission, the City Council is asked to approve the
attached resolution adopting and levying special assessments for water service repairs at 928 Main Street.
Background/Discussion
Section 78-43 of the City's ordinance authorizes the City to levy an assessment against property for any
unpaid water service charges. The property owner has signed a Petition, Waiver, and Agreement to have
the water service repair charges assessed to the property. The total amount to be assessed for water
service repairs is $5,428.00.
Financial Impact
None.
Attachments
• Petition, Waiver, and Agreement signed by property owner
• Resolution
Action Motion by Second by Vote
Follow Up
C:\Documents and Settings\jjohnson\Local Settings\Temporary Internet Files\OLK49\Acdon Requested - 928 Main Tompkins.doc
RESOLUTION 09-
A RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION ADOPTING AND LEVYING ASSESSMENT
FOR WATER SERVICE REPAIRS
WHEREAS, Minnesota Statutes Section 444.075 authorizes the Municipality to certify
unpaid charges to the county auditor with taxes against the property served
for collection as other taxes are collected; and,
WHEREAS, the City's ordinance Section 78-43 authorizes the Municipality to levy an
assessment against property for utilities collection equal to the unpaid
charges; and,
WHEREAS, the property owner has signed a Petition, Waiver, and Agreement to have
this charge assessed to the property; and,
WHEREAS, State law does not require a public hearing or notice before levying such
assessments.
NOW, THEREFORE, BE IT RESOLVED by the Ciry Council of the Ciry of Elk River that
the parcel and amount listed on Exhibit A attached hereto, are correct and made a part hereof, are to
be levied, and are to be certified to the Sherburne County Auditor.
Passed and adopted by the City Council of the City of Elk River this 7s' day of December, 2009.
Stephanie Klinzing, Mayor
ATTEST:
Tina Allard, Ciry Clerk
C:\Documents and Settings\jmiller\Local Settings\Temporary Internet Files\OLK3E\Action Requested - 928 Main Tompkins (2).doc
^
ram: ~ 12/03/2009 09:38 #938 P.001
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PETITION, WAIVER AND AGREEMENT FOR REPAIR
OF CITY WATER FACILITIES AND
ASSESSMENT OF THE COSTS THEREFOR
TO: City Council of the City of Elk River and the Elk River Municipal Utilities
Commission
Kathy Tompkins (Owner), owner of the property located at 928 Main Street NW,
City of)/Ik River, and legally described:
on exhibit A attached hereto; or
X as follows: PID #75-405-2330 (the Property)
Petition the City of Elk River and the Elk River Municipal Utilities Commission as
follows:
1. To complete, as dete»nined necessary by the Elk River Municipal Utilities
Commission (ERIVIL>), repairs to the Owners' water facilities serving the
Property (the Repairs):
_ as described on Exhibit B attached hereto; or
X as follows:
Emergency repairs of water service• entrance in tlae right-of--way and
restoration of area.
2. To assess the Property for the cost of completing the Repairs in an amount not
to e~tceed:~
$5,423.00.
This amount represents the cost of the Repairs. The amount to be assessed
may be increased only if additional Repairs are completed, if the costs of
completing the indicated Repairs increases as a result of requests made by
Owners or if Owners provide written approval of a larger amount to be
assessed.
3. To levy the assessments for the Repairs such that the assessments shall be paid
over three years at an interest rate of 5.0%.
Owners represent and warrant that they are the sole fee owners of the Property and
agree to make payment of all assessments levied for the Repairs.
From:
12/03/2009 09:39 #938 P.002
Owners specifically waive any objection to the ERMU's design and installation of
the Repairs, including any objection to the final desigrl of the Repairs, any objection to the
final location of the Repairs, any objection to the procedure pursuant to which the City
orders the Repairs completed, and any objection to the City's failure to strictly follow the
notice and other requirements of Minnesota Statutes, Chapter 429 with respect to ordel-ing
the Repairs completed.
Owners expressly waive objection to any irregularity with regard to the assessment
of the Property for the Repairs, expressly waive any claim that the amount assessed is
excessive, expressly waive all rights of appeal, including any rights under Chapter 429,
Minnesota Statutes, from the assessn-Ient by the City for the costs of completing the
Repairs, and expressly agree:
1. to pay when due all assessments levied for the Repairs;
2. that the amount to be assessed hereunder is reasonable, fair and equitable;
aazd
3:. that there are no other properties which should be assessed for the Repairs.
Owners understand and agree that the City and the ERMU may, in their sole
discretion and for any reason, decline to accept this Petition for completion of the Repairs.
Dated this .~ day ofNovennbei-, 2009.
OWNERS
By: .'' -.z. G
Its: ~'"
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