HomeMy WebLinkAboutResolution 6131
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RESOLUTION NO. 6131
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
Resolution 6131 Revising the 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 ow.ned
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, THEREFO.RE, BE IT RESOLVED that the City Council of the City of Mounds
View that the following 9uidelines 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 th'9 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 intl3rest 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:
a) The avera!Je 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, or
b) The applicant provides documentation that they have been recognized by
the Social Security/Medicare Administration as having an annual income
that is below the income limits that Social Security sets to qualify as low
income for receiving benefits under a Social Security/Medicare program, or
c) The applicant provides documentation that they have been recognized by
the Minnesota Department of Human Services (DHS) as having annual
income that is below the income limits that the DHS sets to qualify as low
income for receiving benefits under a DHS program.
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Resolution 6131
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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 proof of ownership; either a
copy of their federal income tax return for the most recent year, or Social
Security/Medicare documentation of income qualification, or MN Department of
Human Services documentation of income qualification; and either proof of age or
proof disability as determined by the Social Security Administration or similar
authority. These must be submitted 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 10th Day of November 2003.
(ATTEST)
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Kurt Ulrich, City Administrator
(SEAL)