HomeMy WebLinkAbout1990-007 Council Ordinances•
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Council Member Reinert introduced the following ordinance
and moved its adoption:
CITY OF LINO LAKES
Anoka County
Minnesota
ORDINANCE NO. 07 - 90
30o.
AN ORDINANCE PROVIDING FOR THE DEFERMENT OF SPECIAL
ASSESSMENTS
The city Council of the City of Lino Lakes ordains as
follows:
SECTION I. DEFERMENT OF SPECIAL ASSESSMENTS.
Subdivision 1. The Council may defer the payment of
any special assessments on homestead property owned by a
person who is sixty-five (65) years of age or older, or who
is retired by virtue of permanent and total disability, and
the City Clerk is hereby authorized to record the deferment
of special assessments where the following conditions are
met; but nothing herein contained shall he construed to
prohibit the determination of such a hardship on the basis of
exceptional and unusual circumstances not covered by these
standards and guidelines where the determination is made by
the City Council in a nondiscriminatory manner give the
applicant an unreasonable preference or advantage over other
applicants:
A. Any applicant must be sixty-five (65) years of age,
or older, or retired by virtue of permanent and
total disability, and must own a legal or equitable
interest in the property applied for which must be
the homestead of the applicant.
B. The applicant and any other owner of said property
who resides therein with the applicant shall not
have an annual gross income in excess of the
Section 8, low income limits iri effect at the time
of the application (as established by the
Department of Housing and Urban Development).
Income specified in the application should be the
income of the year preceding the year in which the
application is made, or the average income of the
three (3) years prior to the year in which the
application is made.
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ORDINANCE NO. 07 - 90
C. The applicant and any other owner of said property
who resides therein with the applicant shall not
have gross assets (excluding the homestead
property) in excess of $50,000.00.
D. The Assessor's Market Value of the applicant's
homestead parcel shall not exceed $60,000.00.
E. The limitations on an applicant's assets, and
property marked value may be adjusted on an annual
basis upon recommendation of the City Administrator
and motion of the City Council of the City of Lino
Lakes.
F. Unless otherwise provided under the resolution
adopting said assessments, all such deferred
assessments shall bear interest at the rate of
two (2) percent above the City's borrowing rate.
G. This procedure shall not apply to any assessment of
$100.00 or less.
Subdivision 2. The deferment shall be granted for as
long a period of time as the hardship exists and the
conditions as aforementioned have been met. However, it
shall be the duty of the applicant to notify the City Clerk
of any change in his status that would affect eligibility for
deferment.
Subdivision 3. The entire amount of deferred special
assessments shall be due within sixty (60) days after loss of
eligibility by the applicant. If the special assessment is
not paid within sixty (60) days, the City Clerk shall add
thereto interest at two (2) percent above the City's
borrowing rate from date assessments wee adopted through
December 31 of the following year and the total amount of
principal and interest shall be certified to the County
Auditor for collection with taxes the following year. Should
the applicant plead and prove, to the satisfaction of the
Council, that full repayment of the deferred special
assessment would cause the applicant particular undue
financial hardship, the Council may order that the applicant
pay within sixty (60) days a sum equal to the number of
installments of deferred special assessments outstanding and
unpaid to date (including principal and interest) with the
balance thereafter paid according to the terms and conditions
of the original special assessment.
Subdivision 4. The option to defer the payment of
special assessments shall terminate and all amounts
accumulated plus applicable interest shall become due upon
the occurrence of any one of the following:
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ORDINANCE NO. 07 - 90
A. The death of the owner when there is no spouse who
is eligible for deferment.
B. The sale, transfer or subdivision of all or any
part of the property.
C. Loss of homestead status on the property.
D. Determination by the Council for any reason that
there would be no hardship to require immediate or
partial payment.
Subdivision 5. Notice of the special assessment
deferral shall be filed by the City Clerk with the Anoka
County Recorder as provided by law. Failure to record such
notice, however, shall not affect the validity of the special
assessments.
Subdivision 6. Any person, firm, entity or corporation
who shall provide false information in application for a
deferral under this provision or shall violate any term or
condition contained herein shall be guilty of a misdemeanor
as defined by state law.
SECTION II. EFFECTIVE DATE.
Subdivision 1. This ordinance shall be effective from
and after its passage and publication as provided by the Lino
Lakes City Charter
Passed this 29th day of May . 1990 by the Lino Lakes
City Council.
ATTEST:
'WVJ G��J
Harold L. Bisel, Mayor
Mar1'ilyil/G. Anderson, Clerk -Treasurer
The motion for the adoption of the foregoing ordinance was
duly seconded by Council Member Neal upon vote being
taken thereon, the following voted in favor: Bisel, Reinert,
Neal, Bohjanen
The following voted against the same: none, Council Member Kuether
was absent at the time of voting.
Whereupon the ordinance was declared duly passed and adopted.
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