81-6416R~ ~
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' ~ RESOLUTION NO. 6416
RESOLUTION ESTABLISHING
PROCEDURES FOR DEFERD'tENT
OF SPECIAL ASSESSMENTS
AGAINST OWNER-OCCUPIED
HOMESTEAD. PROPERTIES OF
PERSONS OVER. SIXTY-FIVE.
YEARS OF AGE
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 sixty-five years of age or older
fox whom it would be a hardship to make payments of such ,
special assessments. 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 sub-
sequent 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.
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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,
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. do deferment of payment of a special assessment
shall be mace unless the owner furnishes the city with an
i
application and such supplementary documentation and
tion as may be required to establish the following:
verifica-
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 description or designation of .the-local
improvement
5. The name of the .homestead owner-occupant;
6. That said owner-occupant is over.65 years
of age;
7. That. payment of the special assessment on
the ordinary time basis would be hardship
as.defined herein.
7. Within 30 .days a~f ter .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 rec~ommenda-.
tion as to whetYier the'~;application shall be granted. The
council shall, by resolution, either grant or deny the applica-
tion and the decision o,f the council shal be f inai:
8. 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 re-
port to the city council within 30 days of the filing of-said
application along. witha 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 con-
siders 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..
9. 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 shah determine that there
would be no hardship to require immediate or partial payment.
Passed by the city council of the City of Richf i , s ,,
13th day of April, 1981_ j
ATTEST•
Syl a K..Bergh City C rk
Lon d J. Pr Mayor.