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1980-24. < Bill 1980-24 f AN ORDINANCE Ab1ENDING THE ORDINANCE CODE OF THE CITY OF RICHFIELD BY ADDING A NEW PART.IV, TO CHAPTER XII TfiEREOF, PROVIDING FOR THE SPECIAL ASSESSMENT OF COSTS OF CERTAIN CURREPIT SERVICES. CITY OF RICHFIELD DOES ORDAIN: Chapter XII of the ordinance code of the City of Richfield is hereby amended by adding thereto the follo;~~ing: "Part IV. ASSESSi~4ENT FOR CURRENT SERVICES. Section _12.5.. PURPOSE. The purpose of this ordinance is to provide for the special assessment of benefited proper- ties for all or part of the costs of certain current services provided by the city. Section .12.26-. DEFINITION OF CURRENT SERVICES. The term "current services" as used in this ordinance means one or more of the following: Snow, ice, or rubbish removal from sidewalks; Weed elimination from streets or private property; Removal or elimination of public health or safety hazards from private property, excluding any structure included under the provisions of Minnesota Statutes, Sections 463.15 to 463.26; Installation or repair of water service lines; Street sprinkling, sweeping, or other dust treatment of streets; The trimming and care of trees and the removal of unsound trees from any street; The treatment and removal of insect- infested or diseased trees on private property; The repair of sidewalks and alleys; The operation of a street lighting system; The maintenance of landscaped areas, decorative parks and other public amenities on or adjacent to street right-of-way; Snow removal and other maintenance of streets in commercial redevelopment areas. Section 12.27 PROPOSAL TO ASSESS CURRENT SER~3ICES. The city council may by resolution propose that some or all of the current services described in Section 12.25 hereof be .undertaken by the city and that the cost or some portion thereof be specially assessed against benefited property. The resolution as to a proposed project shall state which current services are proposed to be undertaken and specially . assessed and which properties are proposed to be specially assessed. The clerk, under the council's direction, shall publish notice that the council will meet to consider the undertaking of such current services and the levying of special assessments to pay costs thereof. Such notice shall be published in the official newspaper at least once, two weeks prior to a meeting of the council at which the providing of such current services on a special assessment basis is to be considered. Such notice shall state the date, time and place of such council meeting, the streets affected, the particular current services proposed and the estimated cost of providing the proposed current services in the area proposed to be speciall~~ assessed. Section 12.28 HEARING: ORDERING PROJECT. At such hearing or any adjournment thereof, the council shall hear property owners with reference to the scope and desirability of the proposed current services projects. The council shall thereupon adopt a resolution determining the extent to which the proposed current services projects shall be undertaken by the city. Such resolution shall provide the manner of accomplishing any project which is ordered, which may be by day labor, by city force, by contract or by any combination of these. Section 12.29, . RECORDING COSTS . The Director of Community Services shall keep a record of the costs of the project and shall report such information to the city clerk. A project may consist of the costs of current services for a specified period of I2 months or less. At the end of the designated period of the project, the total costs of the project shall be determined. -2- Section 12.30~~ - BILLING. The owner of property on which or adjacent to which the current services have been performed shall be personally liable =or the cost of such services. When the costs of the services have been determined, the city clerk, or other design--_~ed official of the city, shall prepare a bill and mail i~, to each owner in the project area. Thereupon, the amount of .such changes shall be immediately due and payable at the office of the city clerk: Section 12.31.. ASSESSMENT OF iJNPAID BILLS. On or before September l of each year, the clerk shall list the total unpaid charges for current services against-each .separate lot or parcel to which they are attributable under this ordinance. After notice and hearing as required by law, the council-may spread the charges against the properties benefited, as a special assessment, for ,certification to the county auditor and collection along with current taxes. Such certification may provide for the payment of the special assessments the following year or in annual installments, not exceeding ten, as the council may determine in each case. Passed by the City Council of the City of Richfield, Minnesota, this 24th day of November ;, ~ 198.17" f. } Donald J. Prie e~ Mayor `~ 1 ATTEST: ~, Syl a K. Bergh Acting ty Clerk t -:.T -3- L_ SUN h ~ '' _ ' ~ ' ~~~ AFFIDAVIT OF PUBLICATION RICHFIELD SUN 9615 Lyndale Avenue South Bloomington, Minnesota State of Minnesota County of Hennepin D. K. MDRTENSON, being duly sworn, on oath says he is and during all times here stated has been the vice president and general manager of the newspaper know as The Richfield Sun and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once every week. (3) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisement. (4) Said newspaper is circulated in and near the municipalities which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second- class matter in its local post-office (5) Said newspaper purports to serve the City of Richfield in the County of Hennepin, and it has its known office of issue in the City of Bloomington in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all such regular business hours and devoted exclusively during such regular business hours and at which said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper .' is made available at single or subscription prices to any person, corporation, partnership or other unincorporated association requesting the newspaper and making the applicable payment. (8) Said newspaper has complied with all foregoing conditions for at least one year preceding the day or dates of publication mentioned below. (9) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter and affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. (Official Publication) ~~~' - LEGALNOTICE~~~-'~~" B1111990-Y4. ~". AN ORDINANCE AMENDLNG THE ORDINANCE cOD'D,OF.THE CITY ORRICHFIELD~B'If ADDING A NEW PART IN, TO CHAPTER XII THEREOF; PROVIDING-FOR THE SPECIAL ASSE55ME~NT'OF COSTS OF .C'lrIGTA.iNCURRENT-~ CITY.OFi'RICHFIELD bOES OR- DAfiN: Chapter XII of the..ordinance code of the ,City of Richfield ' is hereby amended by adding thereto the tol- lowfng: .. .. - "Part IV.~ ASSESSMENTS FOR CURRENT'SERVICES. .. Sectfort 12.24. _PURROSE, The purpose of thfs'ordinan'c~is to pro- vide for 4he special assessment of benefited: properties for all or part of the :costs of,certain current services prox~ided by the city. Section 12.26. DEFINITION OF CURRENT" SERVICES. 'Fhe term "current services" asp used in this ordinance means one-,or mote o[ the fnllnwina~ - .. ..... rdm streets or anon. of'public hazards' from eitcluditrg any Udder the pro- Sections 463.15 to'463,,26; Installation orD.repBfr of water service tines; , Street. sprinkling, sweeping, or other dustbreatm'ent of streets; ,The trimming and'care of trees and the'removal of unsound trees 4rom any street; 'The treatment andremoval of :insect-ittfested or diseased trees - qn private. property; ~ '' ' The repair of sidewalks and al- `The operation of a street lighting . system; ' The maintenance of lahdscaped ;.areas; decorative park9 and oth- er public amenities on oradja- cent to street right-of-way; Snow removal and other main- tenance of streets fitcdmmercial redevelopment areas;: Section 12.26. PT6~POSAL TO ASSESS CURRENT S);1ZVICES. The city council may be resolution pro- pose that some or alt o£•the current services. described in Section .12.25 hereof be undertaken by thecity and that the cost or some portiohthereof be specially assessed against bene- fited property. The resolution as to a proposed prOjet'ti '3ha'll' state which cu['rent serieces are proposed to be und~{~¢rtakensand°specially assessed and which properties are proposed to be::specially.assessed.' ~~ '1`~.Ce .clerk, under the council's direction, shall publish notice that the council will meet to consider the undertaking of such current services and. tie 1evYing of special assessments to pay .,costs thereof. Such notice shall be publish¢d in the cur're:ryj;.; ervices on a •~special assessmee6asis is to be consi8ered. Such nohpe:ehaW state the tiat@;; time current serviced=propo§¢d and the He further states on oath that the rinted Ba.,~..1 19 80"24 estimated cost ot'providipg-:the pre- p posed cunregt<^petvues iti the area hereto attached as a part hereof was cut fram the columns of said newspaper, and was printed proposed to be appecielllyy assessed. Section 12 Y7. HEA~'tING: ORDER- ING PROJECT':., Sh~,heating or any adjour a council shalt hear ~~-ppptY s with ref- erence to th~ , . ~ttd~irability of and published therein in the English language, once each week, for One successive weeks; -the props r services adopt a redbluiSoy extent to whichttle services pro.iiecls st that it was first ~o published on Wed • the 1 nth • day of DeC . 19 8 ~ by the aty~, Sja'cH provide the manne[ any project which may be by,day labo contract oc;:bY en. these. and was thereafter printed and published on every to and including section;`fz.z8. COSTS. Thebirecl Services shall keel costs of~the ptojeC the day of , 19 and that the following is a printed copy current BerviCes for aVspe ~ ed peri- of the lower ease alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and od of lz p~ohths or tess.,A `the 'end of ~ kind of type used in the composition and publication of said notice, to wit: the designated period af' Ce`proT]ect, the total costs of the Rrtii:eCt shall be pgrstuvwx z abcdefghijklmno y , determined. - Section 12.29. BILLING.~Ttieowner a ~,;~ t. ~,d ~ ~~ _ «s % ~ ~ " ~ of property on which or adjacent to which the current services have been performed shall be personally liable ~ ~ ~ ~ ' ~ T~~,-- for the',cost of such services. 1'fhen the costs of the services have peen determined, the city clerk, or other designated official of the city; shall prepare a .bill and mall it to each 1() trl . Dee . 8 0 Subscribed and sworn to before me this day of 19 owner in the project area. Thereupon, the amount of such changes shall be immediately due ahdpayable at the office of the city clerk.. , Section 12.30. ASSESSMENT OF__ UNP?.ID BILLS. On or before Sep- temtier b of each year, the clerk shall ! •-.--~-- - - list lheaotal unpaid charges for cur- /^~. _ _ _ `~ _~. 1 f`"A/'t ~1° i i ~! ~ s' rentservices againsteach separate arcel to which they are at- lot or s ~. ( , a pp After tribyfable under this ordinance ~i + ~t ti ,r~7A ~ ° ~ ` . and hearing as required by notfCe. y~ JG\.~,{ . law,'[he council may spread the h1y ccmrniss,nn ~ ,:irvG +~i:' .'-, l~~U charges against the: properties bene- filed, as a special assessment, for .~-s,.,,,, , _~ certification to the county auditor and collection along with current taxes. Such certification may provide for the payment of the 'd{lecial assessmentsthe following,year or in annual installments,~pot,.exceedmg ten, as the cpuri'cij,irtay determine in ' - each case. ` ~ '+~ Passed by the,~y. Council of the City of Richfield; M,i~itneSota, this 24th day of Novecnbei•,'1§90~. ' DONALp:J. PRIF,BE .Mayor ATTEST: SYLVIA K. BERGH Acting City Clerk (Dec. 1Q 1980)-RICH