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THOMAS M. SWEENEY <br />JAMES J. O'CONNOR <br />JOHN H. LeMAY <br />GEORGE F. BORER <br />SWEENEY, O'CONNOR & LeMAY <br />PROFESSIONAL ASSOCIATION <br />ATTORNEYS AT LAW <br />(612) 222 -2541 <br />January 21, 1982 <br />Mr. Joseph Chlebeck <br />City Clerk <br />City of Little Canada <br />515 Little Canada Road <br />Little Canada, Minnesota 55117 <br />Re: Deferral of Special Assessments <br />Our File No. 4621 <br />Dear Mr. Chlebeck: <br />SUITE 350 <br />NORTHERN FEDERAL BUILDING <br />SIXTH AND WABASHA <br />ST. PAUL, MINNESOTA 55102 <br />In 1974 the Legislature enacted Minn. Stat. Sections 435.193 <br />through 435.195 authorizing cities to defer the payment of special <br />assessments by senior citizens under certain circumstances. In <br />1981, the Legislature amended Minn. Stat. Section 435.193 to read <br />as follows: <br />"Notwithstanding the provisions of any law to the contrary, <br />any county, statutory or home rule charter city, or town, <br />making a special assessment may, at its discretion, defer <br />the payment of that assessment for any homestead property <br />owned by a person 65 years of age or older or retired by <br />virtue of a permanent and total disability for whom it would <br />be a hardship to make the payments. Any county, statutory <br />or home rule charter city, or town electing to defer special <br />assessments shall adopt an ordinance or resolution establishing <br />standards and guidelines for determining the existence of <br />a hardship and for determining the existence of a disability, <br />but nothing herein shall be construed to prohibit the determina- <br />tion of hardship on the basis of exceptional and unusual cir- <br />cumstances not covered by the standards and guidelines where <br />the determination is made in a nondiscriminatory manner and <br />does not give the applicant an unreasonable preference or <br />advantage over other applicants." <br />After reviewing the proposed ordinance that was presented to <br />the Council at the meeting of January 13, 1981, several comments <br />are appropriate. First of all, the standards for determining the <br />existence of a hardship may be established by ordinance or resolution. <br />Secondly, the present law authorizes deferral for certain <br />senior citizens and other persons who are retired because of a <br />permanent and total disability. If the Council intends to consider <br />