82-6586RRESOLUTION N0. 6586 l~
RESOLUTI0~1 ESTABLISHING PROCEDURES FOR
DEFERMENT OF SPECIAL ASSESSMENTS AGAINST OWNER-
OCCUPIED HOMESTEAD PROPERTIES OF PERSONS
PERMANENTLY AND TOTALLY DISABLED
BE IT RESOL`TED, by the City Council of the City of Richfield,
Minnesota, that Resolutions No. 6519 and 6552 are amended
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 oc-
cupation 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, Section 435.193 to 435.195.
2. A qualifying hardship shall be deemed
owner of the homestead property and other
homestead, taken together (a) had a gross
$11,000 in the previous calendar year and
estimated income for the current calendar
years which will not exceed said sum.
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 wish 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 elig-
ibility 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 assessment.
_ 5. The city manager~or designee shall examine all applications
for determination of his jher 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:
.. _ne legal aescriptior., plat ana parcel numner or the
property;
2. The street address of the property;
3. Its status as homestead property;
4. The description or designation of the local improvement;
5. The name of the homestead owner-occupant;
6. That said owner-occupant is over 65 years or age or
permanently and totally disabled;
7. That payment of the special assessment on the ordinanry
time basis would be hardship as defined~~erein.
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 reco~rimeiidation as to whether s_ aid application should
be grantecZ~'or~-3enie~':~-'-In ~bhe event of~ tY~e denial of the applica-
tion by the city manager, any applicant shall have the right to
have the application considered by the city council. In those
ianstances 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) 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 reasons 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.
Special assessments for current services cannot be deferred.
Passed by the City Council of the City of Richfield, Minnesota,
this 8th day of March, 1982. /',~
ATTEST:
cV~ V" Bergh lts7 Clel':i