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87-7310Rr f RESOLUTION N0. 7310 RESOLUTION ESTABLISHING PROCEDURES FOR DEFERMENT OF SPECIAL ASSESSMENTS AGAINST OWNER-OCCUPIED HOMESTEAD PROPERTIES OF PERSONS OVER SIXTY-FIVE YEARS OF AGE OR PERSONS PERMANENTLY AND TOTALLY DISABLED BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. It is the policy of the city to consider requests for the deferment of special assessments upon homestead properties owned by persons 65 years of age or older or by persons retired by virtue of a permanent total disability for whom it would be a hardship to make payments of such .special assessments.. Permanent and total disability for the purpose of this section means a condition which is permanent by nature and totally incapacitates the person from working at an occupation which brings him an income. In the adoption of such policy and the procedures established by this resolution, the city is acting pursuant to authority granted by Minnesota Statutes, Sections 435.193 to 435.195. 2. A qualifying hardship shall be owner of the homestead property and other homestead, taken together (a) had a gross $13,500 in the previous calendar year and estimated income for the current calendar years which will not exceed said sum. Seemed to exist if the occupants of the income of less than (b) will have an year and subsequent 3. Application for deferral of payment of special assessments shall be made on forms prescribed by the county auditor. The home owner shall furnish the city with such information as it may require at the time of the original application and at any time thereafter while the special assessment remains unpaid, which will permit the city to establish, verify or continue the deferral of special assessments or to determine whether eligibility for such deferral has ended. 4. Interest on deferred special assessments shall accrue until the special assessment is paid, at the rate established by the city at the time of levying the special assessmen •. 5. The city manager or his designee shall examine all applications for determination of his/her eligibility for deferral of payment of special assessments (a) in compliance with said statute and (b) in .accordance with the standards and guidelines for determining hardships contained in this resolution or any subsequent amendment thereof. 6. No deferment of payment of~a special assessment shall be made unless the owner furnishes the city with an application and such supplementary documentation and verification as may be required to establish the following: t~4 1. The legal description, plat and parcel number of the property; 2. The street address of the property; 3. Its status as homestead property; 4. The descriptionlor designation of the local improvement; ~i, 5. The name of the!, homestead owner-occupant; 6. That said ownerLoccupant is over 65 years of age or permanently and totally disabled; 7. That payment of, the special assessment on the ordinary time basis would be hardship as defined herein. ,7. Within 30 days after the filing of said application for deferment of special assessments, the city manager shall review the application for consistency with and conformance to, the council prescribed standards and guidelines; and then either grant or deny the application. In the event of the existence of exceptional or unusual. circumstances not covered by the standards and guidelines, the city manager shall make a full report to the city council within 30 days of the filing of said application along with a recommendation',as to whether said application should be granted or denied. In the event of the denial of the application by the city manager, any applicant shall have the right to have the application considered by the city council. In those instances where the city council considers an application, it shall, by resolution, either grant or deny the application; and the decision of the city council shall be final. The city manager shall report to the'city council on a quarterly basis on deferrals granted by him/her. 8. The option to defer the payment of special assessments shall terminate and all amounts accumulated, plus applicable interest, shall become due upon the occurrence of any of the following events: (a) the death of the owner, provided that the surviving 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 taxing authority deferring the payments shall determine that there would be no hardship to require immediate or partial payment. Passed by the City Council of day of June, 1987. ATTEST: ~~ Thomas Ferber City Clerk ;, !1 ity of chfJield this 22 Ha~i.~'tonU Mayor