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Memo - 2nd Reading of Ordinance 2004-931 CITY OF HOPKINS . MEMORANDUM To: Hopkins City Council From: Jim GeneIlie Date: September 2l, 2004 Subject: Second Reading of Ordinance 2004-931 Staff recommends that the Council approve the following motion: Move that the Hopkins City Council approve Ordinance 2004-931 for second reading and order published. This ordinance has not changed since the first reading. Approval of this motion will continue the process of amending section 703.05 of the Hopkins City Code in order to remove the 10-year limit on deferred assessments. Attachments: . Ordinance 2004-931 . . --- - - --. -- . CITY OF HOPKINS Hennepin County, Minnesota ORDINANCE 2004-931 AN ORDINANCE AMENDING SECTION 703.05 OF THE HOPKINS CITY CODE The City Council of the City of Hopkins does hereby ordain: Section 1. The Hopkins City Code, Section 703.05 lS hereby amended to read as follows: 703.05. Deferment of Payments. The City Council may In its discretion defer payment of special assessments upon request for J period of not morc th,:m 10 YC:J.rc for any homestead property owned by a person 65 years of age or older or retired by virtue of a permanent and total disability in either instance of which the City Council determines it would be a hardship for said owners to make the payments. Such deferment shall be based on the property owner demonstrating he or she meets the following standards: 1. The annual income of owners requesting a deferment is found not to exceed the sum of $29,400.00 as of January I, 2004. This amount shall subsequently be adjusted annually by the Consumer Price Index . for the Twin City area; 2. Property owners, who have not attained age 65, but are retired as a result of a permanent and total disability c:Jt.:lbli:Jhcd must establish such disability by evidence satisfactory to the City Council; Deferred assessments shall accrue simple interest during the deferment period at the rate established for payment of assessments at the time the assessment roll was adopted. The certification of deferment shall be renewed annually by the owner during the term of the deferment ~ and all required supporting documents or information delivered to the City not later than September 30 of each year. Upon failure to renew the deferment certification or upon c)cpirotion of thc 10 yeor defcrment period (a) the death of the owner, provided that the surviving or successor owner is otherwise not eligible for the deferment; (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 Cily shall determine that there would be no hardship to requlre immediate or partial payment; the deferment shall terminate and the City Clerk shall promptly certify to the County Auditor the amount of the deferred assessment including interest to be inserted on the tax rolls and call ected ln the period of time remaining in the original . assessment or in full if the property was sold or the period of time for repayment of the original assessment has expired. - -. - -- -- . Section 2. The effective date of this ordinance shall be the date of publication. First Reading: September 7, 2004 Second Reading: September 21, 2004 Date of Publication: September 30, 2004 Date Ordinance Takes Effect: September 30, 2004 Gene Maxwell, Mayor ATTEST: Terry Obermaier, City Clerk APPROVED AS TO FORM AND LEGALITY: . City Attorney Signature Date .