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HomeMy WebLinkAboutResolution 6127 . . . RESOLUTION NO. 6127 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA Resolution 6127 Establishing a Policy for Deferral of Special Assessments by Senior Citizens or Disabled Persons WHEREAS, Minnesota Statutes Chapter 435.193 provide that a city may at its discretion defer the payment of a special assessment for any homestead property owned by a person 65 years of age or older or retired by virtue of a permanent and total disability for whom it would be a hardship to make the payments; and WHEREAS, City Code Section 202.13 also references deferred payment of special assessments by persons age 65 or older; and WHEREAS, Both Minnesota Statutes and City Code call for the City Council to adopt a resolution establishing standards and guidelines for determining the existence of a hardship. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mounds View that the following guidelines are established for the deferral of payment of special assessments for public improvement projects and diseased tree removals: 1. Applicants must be age 65 or older or totally and permanently disabled as determined by the Social Security Administration or similar authority. 2. The applicant must be the fee simple owner of the property or must be a contract vendee for fee simple ownership. An applicant must provide either a recorded deed or contract for deed with the application to establish ownership interest. 3. The property must be the applicant's principal place of domicile and classified on the City's and the County's real estate tax rolls as the applicants homestead. 4. All deferred special assessments shall be subject to and charged simple interest at the prevailing interest rate applicable at the time the assessment was originally levied. Said interest shall be payable upon the termination of the deferred status. 5. A hardship shall be deemed to exist when the average annual payment for all assessments levied against the subject property exceeds one (1 %) percent of the adjusted gross income of the applicant as evidenced by the applicant's most recent federal income tax return. . . . Resolution 6127 Page 2 6. Special assessment payments deferred pursuant to the eligibility requirements set forth by this resolution shall become payable effective upon the occurrence of one of the following events: a) The subject property is sold, transferred, subdivided, or in any way conveyed to another by the fee owner qualified for deferred status. b) The death of the fee owner qualified for deferred status unless a surviving joint tenant, tenant in common, or contract vendee is eligible for the deferral benefit. c) The subject property loses its homestead status for any reason. d) The City Council determines that there is no longer a hardship to require continuation of the deferred special assessment. 7. An eligible applicant must file an application along with a copy of their federal income tax return for the most recent year and proof of ownership within 30 days of the original certification of the assessment in the year it is assessed, or in subsequent years, by September 15 of the year preceding the year for which deferred status is requested in order to implement the deferral program for said year. All deferral applications must be made on forms provided by the City. Adopted this 2ih Day of October~O~3/ y~ ~~ (ATTEST)'hr 6 ~ Kuft Ulrich, City Administrator (SEAL)