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81-6416R~ ~ r ' ~ 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. 60 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.