IV.6. Resolution Adopting a Special Assessment for Sewer Repair for PID No. 24-117-22-13-0121; Bishop (CR2017-122)October 17, 2017
Proposed Action
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City of Hoplcin�
Council Report 2017-122
RESOLUTION ADOPTING A SPECIAL ASSESSMENT FOR
SEWER REPAIR FOR PID NO. 24-117-22-13-0121
Staff recommends adoption of the following motion: Move to Adopt Resolution 2017-067 for collection of
�ecial assessment for PID NO. 24-117-22-13-0121.
Adoption of this motion will approve a special assessment for one identified property.
Overview
The property located within the City of Hopkins at 314 7`" Ave N, was determined to be in need of private
sewer repairs. Groth Sewer & Water has completed the work and the invoice for the work done was sent to
the homeowner. The homeowner became aware of the City's special assessment program and asked to
participate in the program. The City of Hopkins followed all procedures with regard to offering the program
developed by the City to finance long-term costs for work associated with private water & sewer connections
to the City. The homeowner has complied with the program requirements and has agreed to the terms
regarding the length of 10 years at a simple interest rate of 4.00%.
The amount of the assessment approved totals $7,936.00 and will be absorbed by the PIR Fund.
Primary Issues to Consider
• None has been identified.
Supporting Information
• Resolution 2017-067
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t'�� rr_�F�,�L� fi�l%�l.G�. ..)✓:�?� A.�
Mary Lein
Finance Admin.
Financial Impact: $ $7,936.00 Budgeted: Y/N No Source: PIR Fund
Related Documents (CIP, ERP, etc.): None Notes:
CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO: 2017-067
RESOLUTION ADOPTING A SPECIAL ASSESSMENT FOR
SEWER REPAIR FOR PID NO. 24-117-22-13-0121
WHEREAS, the homeowner incurred substantial costs for repairing the private sewer
connection to City sewer; and
WHEREAS, the homeowner does not have the funds to pay for the repair; and
WHEREAS, it was determined that this homeowner does qualify for a miscellaneous
special assessment for private sewer repairs; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hopkins,
Minnesota:
1. Special Assessment for PID No. 24-117-22-13-0121 in the amount of $7,936.00 is
hereby approved.
Adopted by the City Council this 17St day of October, 2017.
Molly Cummings, Mayor
ATTEST:
Amy Domeier, City Clerk
CITY OF HOPKINS
AGREEMENT CONCERNING SPECIAL
ASSESSMENT FOR WATER OR SEWER REPAIRS
OR REPLACEMENT
AGREEMENT made as of�'���s�, 20l"�'between the City of Hopkins, a Minnesota
municipal corporation ("City") and /( �,�/�? / L7�����_("Property Owners'�, concerning
special assessments for��atero/�j sevverre„p� rs orreplaceinent onproperty located at
�J�-'� , �`E-t/� �C.! „Hopkins,Mirulesota
The City and the Property Owners agreo as follows:
, ��,
l. Property Owners. The Property Owners,�l�j�.�����.,�are empowered to
execute the waivei s and consent contained in this Agreement.
2, Subject Property. The Property Owners are the fee owners of the property located within
Hennepin County, Minnesota and legally described as:
PID:�`� �� ������
3. Purpose of Agreement. Pursuant t,o.�Minnesota Statutes, Chapier 429 the Property Owners
petitioned the City on Q��+� �_�_��l7to specifically assess the cost for the water and/or
sewer service line repair. The petition is incorporated into this agreement by reference.
4. The Improvement Project. The water or sewer service line repair is in confonnance with the
plans and specifications as approved by the Hoplcins Public Works and Inspections llepartments.
5. Responsibility. The Property Owners shall assume all responsibility for water or sewer service
line, including all obligations under the construction contract for such work. The Property Owners
shall obtain lien waivers from all contractors or subcontractors involved with the Construction
Contract.
6. Amount to be Assessed. The total cost of the project, based on the lowest responsible proposal, is
$;7��' �,ry ,(�� , all of which will be assessed against the Benefited Property. The
assessed amount may be modified to reflect final total cost.
7. Waiver. In connection with this iinprovement, the undersigned agree to waive and do waive any
and all rights to a public, hearing and rights to any notice, whether provided by
Minnesota Statutes, Chapter 429, or by any other statute or by ordinance, City Charter, the
constituiion, or common law. The Property Owners further waives any and all substantive and
procedural objections to the improvement and special assessinent and siipulates that ihe benefit to
the property exceeds the amount of the special assessment.
8. Waiver of Right of Appeal. Each party to this agreeinent agrees to waive and does waive any and
all righ�s to an appeal fiom the special assessment set forth above, whether as provided by
Minnesota Statutes, Chapter 429, or by any other statute or by ordinance, City Charter, the
constitution, or common law. The special assessment is deemed adopted on the date the city signs
this agreement.
9. Implementation. Each party to this agreement agrees to execute any other documents upon request
of the City necessary ta impleinent the waivers of notice, hearing or right of appeal foz• the special
assessment for the improvement project.
10, Payment. The Propexty Owners agrees to pay the City for the cost of the above improvements in
accordance with the following terms:
a. The assessment shall be paid in equal installments over �_ years at �% and in
' accordance with all provisions of this agreement concerning special assessments for seivice line
repairs.
b. The first payment shall be payable with the��real estate taxes.
1 l. Indemnification. The Property Owners shall indemnify and hold harmless the City and Its officers,
agents, and employees fiom and against all claims, damages, and losses, or expenses, including
attorney fees, which may be suffered or for which they may be held liable, rising out or resulting
from tlie assertion against the�ii of any claims, debts, or obligatious in consequence of the
perfolmance of this agreement by the City, its employees, agents, or subcontractors.
12. Certification of Ownership. The Property Owners certify that they are the sole fee simple owners
of the property described in Paragraph 2 above, and has the power and authority to enter into this
Agreement.
13. Right of Record. It is agreed that the City may record this docurnent in the chain of title of the
Benefited Prope lty legally described above.
14. Payment. The Property Owners agree that, after the City has completed the required inspections
and has determined that the installation of the sewer service line repair is in conformance with the
applicable City ordinances and State laws, the Property Owners will provide the following
documents to the City to allow the City to process payment of the $�'9��, amount to be paid for
the installation of the water and/or sewer service line repair on the Benefited Property:
a. A contractor's construction statement identifying the agreed ainount to be paid; and
b. The City's Final Inspection Report; and
c. A contractor's lien waiver; and
d. Property owner's written authorization for City to pay contractor directly.
15. Successors and Assigns. This agreement shall be for the benefit of and be binding upon the Successor,
heirs, executors, admini strator s, and assigus of the parties. Further, the Properly Owners agree to
specifically notify all successors or assigns of the existence of this agreement prior to any transfer, sale,
or assigrurient of the above-described premises.
This agreement has been entered into as ofthe_ day of ���7�f�+�/L� , 201�
City of Hopkins
:
Attest:
Amy Domeiex City
Clerlc
STATE OF MINNESOTA)
) SS
COUNTY OF HENNEPIN )
Molly Cummings, Mayor
Michael J. Mornson, City Manager
, The foregoing inst�ument was acknowledged before me this day of
�,����.. , 201'7, by Molly Cummings, Mayor and Micheal Mornson, City
Manager, of the City"of Hopkins, a Minnesota municipal corporation, on behalf of said.
naunicipal corporation.
PROPERTY OWNERS:
_ � c�
STATE OF MINNESOTA )
) SS
COUNTY OF HENNEPIN )
/� T e foregoing instrurxzent was cknowl
L/C��� _,201�, by � �C
�.
°'° t°'T • MARY JANE YVHEELER LEIN
y4�� ���ooe�
' 3 NOTARY RUBLIC • MINNESOTA
� :� My Commission Expires
`�� ,����F`'` January 31, 2022
Notary Public
befoxemethis %� dayof
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775 Tower Drive � � �
HAMEL, MINNESOTA 55340 619 8
(763) 478-6712
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