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81-6519R46 RESOLUTION NO. 6519 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 deemed to .exist if the owner of the homestead property and other occupants of the homestead, taken together (a) had a gross income of less than $11,000 in the .previous calendar year and (b) will have an estimated income for the current calendar year and subsequent years. which-.will not exceed said sum. . 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 assess- ments 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 assessment. 5. The city manager or his designee shall examine all applica- tions 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 deter- mining 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: 1. The legal descrip property; 2. The street addres 3. Its status as hom 4. The description o 5. The name of the h 6. That said owner-o permanently and t 7. That payment of t time basis would ion, plat and parcel number of the of the property; stead property; .designation of the local improvement; mestead owner-occupant; ' cupant is over 65 years of age or tally disabled; e special assessment on the ordinary ~e hardship as defined herein. 7. Within 30 days after the filing of the application in completed form the city manager or his/her designee shall make a report to the council on the application, with a recommendation as to whether the application shall be granted. The council shall, by resolution, either grant or deny the application and the decision of the council shall be final. 8. Within 30 days of deferment of special asse the application for consi council prescribed standa grant or deny the applica exceptional or unusual ci and guidelines, the city city council within 30 da along with a recommendati be granted or denied. In tion by the city manager, have the application cons instances where the city shall, by resolution, eit the decision of the city shall report to the city granted by him/her. 9. The option to de shall terminate and all interest, shall become d following events: (a) th surviving spouse is not the sale, transfer or su thereof; (c) if the prop homestead status; or (d) deferring the payments s hardship to require imme Passed by the city cc 12th day of October, 198._ ATTEST: er the filing of said application for sments, the city manager shall review tency with and conformance to the ds and guidelines; and then either ion. In the event of the existence of cumstances not covered by the standards anager shall make a full report to the s of the filing of said application n as to whether said application should the event of the denial of the applica- any applicant shall have the right to dered by the city council. In those ouncil considers an application, it per grant or deny the application; and - ~ouncil.shall be final.- The city manager council on a quarterly .bas is on deferrals er the payment of special assessments mounts accumulated, plus applicable e upon. the occurrence of any of the death of the owner, provided that the ligible for the benefits hereunder; {b) division of the property or any part rty should for any reason lose its if for any reason the taxing authority. all determine that there would be no iately or partial payment. cil of the City of Richfield, this a ona d J. Prieb Mayor. Syly~ K. Bergh, City Clerk