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CR 09-105 Termination of Special Assessment at 143 20th Ave NorthNovember 24, 2009 Council Report 2009 -105 Termination of Special Assessment Deferral 143 20 Avenue N City Project No. 03 -10, Street and Utility Improvements Project Proposed Action. Staff recommends that the Council approve the following motion: Adopt Resolution Overview. The deferment of the special assessment for Annette Sipprell of 143 20 Avenue N, City Project 03 -10, was approved by the City Council on May 4, 2004. City Code Section 703.05 allows for deferment of special assessments upon request for any homestead property owned by a person 65 years of age or older, and if it is determined to be a hardship for said owners to make the payments. The certification of deferment needs to be renewed annually by the owner during the term of the deferment. During the renewal period this year, it was learned that Ms. Sipprell had passed away. Per Section 703.05 of the Hopkins City Code, the deferment terminates upon the death of the owner "provided that the surviving or successor owner is otherwise not eligible for the deferment." In this case the surviving or successor owner is not eligible for the deferment. When the deferment terminates, the City Clerk certifies, to the County Auditor, the amount of the deferred assessment including interest to be inserted on the tax rolls and collected in the period of time remaining in the original assessment. There are five years remaining on the Project 03 -10 Street and Utility Improvement Project levy and the total of the remaining assessment is $1,132.08. Robin Robertson Special Assessment Clerk CITY OF HOPKINS HENNEPIN COUNTY RESOLUTION 2009 -064 RESOLUTION APPROVING THE TERMINATION OF THE DEFERRAL OF SPECIAL ASSESSMENT FOR 143 20 AVENUE N CITY PROJECT 03 -10 WHEREAS, the City Council approved the special assessment deferment for the property located at 143 20 Avenue N on May 4, 2004, City Project 03 -10 Street Improvements. WHEREAS, the property owner has passed away and the deferment shall be terminated as stated in City Code 703.05 and certified to the County Auditor the amount of the deferred assessment including interest of $1,132.08 to be inserted on the tax rolls and collected in the period of time remaining in the original assessment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HOPKINS, MINNESOTA: 1. Such deferred assessment, as may be amended and a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the land named herein, and such tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such deferred assessment shall be payable in equal annual installments extending over the remaining five years of the term, the first of the installments to be payable on or after the first Monday in January 2010, and shall bear interest at the rate of 7 percent per annum. To the first installment shall be added interest on the entire assessment from January 1, 2010, until December 31, 2010. To each subsequent installment when due shall be added interest from one year on all unpaid installments. 3. The clerk shall forthwith transmit a certified duplicate of the assessment to the County Auditor to be extended on the property tax lists of the County, and such assessment shall be collected and paid over in the same manner as other municipal taxes. Adopted by the City Council this 1" day of December, 2009. Eugene J. Maxwell, Mayor ATTEST: Terry Obermaier, City Clerk