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HomeMy WebLinkAboutRES 82-043 RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AND AGREEMENT WITH THE HENNEPIN COUNTY ASSESSOR FOR ASSESSING SERVICES IN 1983 Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII iozsn Box: 23 Folder: RES 1982 Document: RES 82-043 RESOLUTION AUTHORIZING THE MAYOR AND CIN MANAGER TO ENTER INTO AND AGREEMENT WITH THE HENNEPIN COUNTY ASSESSOR FOR ASSESSING SERVICES IN 1983 RESOLUTION 82-043 A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE HENNEPIN COUNTY ASSESSOR FOR ASSESSING SERVICES IN 1983 WHEREAS , the City Council of the City of St. Anthony desires to continue to have Hennepin County provide assessing services to the Hennepin County portion of the City. NOW, THEREFORE , BE IT RESOLVED, by the City Council of the City of St. Anthony, to authorize the Mayor and .City Manager to enter into an agreement with Hennepin County which would provide that the County provide assessing services to the ; Hennepin County portion of the City of St. Anthony. Adopted this a 4 day of A 4 d u--it 1982 . Mayor ATTEST: City Clerk l ' t Reviewed for administration: City Manager FOURTH AMENDMENT TO AGREEMENT NO. 80228 THIS AGREEMENT, Entered into b'y and between the COUNTY OF HENNEPIN, . a political subdivison of the State of Minnesota, hereinafter called "COUNTY" , and the CITY OF ST. ANTHONY , a political subdivision of the State of Minnesota, hereinafter called "CITY" ; WHEREAS , the COUNTY and the CITY entered into that certain Agreement dated November 16 , 1978 , bearing Agreement No. 80228, wherein the County, through its County Assessor , performed .the 197-9 property assessment for the City; and WHEREAS, the parties have heretofore amended said Agreement, by agreements dated August 7 , 1979 (First Amendment) , • Auqust 27, 1980 (Second Amendment) and August 18, 1981 (Third Amendment) , so as to allow the. County Assessor to perform the-=1980 , 1981 and 1982 assessments and also in certain other respects; and WHEREAS, said parties desire again to amend said Agreement so that the County Assessor may perform the 1983 property assessment for the City; NOW, THEREFORE, the parties hereto mutually agree as follows: A.' Paragraph 1 of said Agreement, as amended by said .First and Second Amendments , is hereby amended again by adding the following to the end of the amendatory paragraph: The COUNTY shall also perform the 1983 property assessment for the CITY. - Said assessment shall be accomplished in accordance with property assessment procedures and practices established and observed by the COUNTY, the validity and reasonableness of which are hereby acknowledged and approved by the CITY. Any such practices and procedures may be changed , from time to time, by the COUNTY in its sole judgment, when good and efficient assessment procedures so require. The property assessment by the COUNTY shall be composed or those assessment sery-ices which are set forth in Exhibit A, attached hereto and made a part hereof by this reference , provided that the time frames set forth therein shall be considered to be approximate only and the failure of the COUNTY to perform any service within the same shall not be construed as beina violative of any term of this Agreement. Except as may be further agreed to in writing by the parties hereto, the COUNTY shall not be responsible for performing any service set forth in Exhibit A or contemplated herein for the 1983 assessment after July 15 , 1983 . r!_ • B. Paragraph 12 of said Agreement, as amended by said First and Second Amendments, is hereby amended again. .by d adding the following to the end of the amendatory paragraph: This Agreement shall terminate on July 15 , 1983 . Nothing herein shall .preclude the parties, prior to the . end of this. Agreement , from agreeing to cancel thi-s contract prior to - the above termination date -in the event the CITY employs an Assessor to take over and assume any remaining r.esponsiblity 'for the 1983 assessment. If cancellation occurs , the COUNTY shall be relieved of any and all responsibility for an uncompleted. portion of the 1983 assessment, , provided that the COUNTY may bill the CITY for any contract work whatsoever performed up to the date of cancellation, and the CITY shall pay for said work before the end of September 1983. It is understood that the great . preponderance of services to be performed hereunder is set forth in items 1 and 2 of Exhibit A, and , accordingly, the great preponderance of the cost -of. such services is allocated to said items. If the CITY should cancel this Agreement as above provided. before • the completion of the 1983 property assessment by the COUNTY, the CITY agrees to defend , indemnify and hold the COUNTY, its officers , agents and employees harmless from any liability that .might ensue as a result of - the noncompletion of such 1983 property tax assessment. C. Paragraph 13 of said.- Agreement, as amended by said First and Second Amendments , is hereby amended again by adding the following to the end of the amendatory paragraph: In consideration of said 1983 property assessment services*, the CITY -agrees to. pay the COUNTY the estimated sum of Fifteen Thousand ($15 ,000 .00) Dollars , provided that said sum may be adjusted by the COUNTY, when needed , if the amount of any work performed exceeds the work estimates of the COUNTY and/or the costs of carrying out any aspect of this, .Agreement increase.. The COUNTY, at its election, may also decrease the sum to be paid hereunder if it should be determined that. the costs of appraising newly constructed improvements are below the estimates there-for . Payment by the ' CITY shall be due no later than twenty-one (21) days after .receipt by CITY of billing from the COUNTY for the herein assessment • services , provided that said payment shall be due no earlier than September 7, 1983. Except as amended by the aforesaid First, Second and ' Third Amendments and as herein amended , the terms, conditions and provisions of said Agreement dated November 16 , 1978 , bearing Agreement No. 80228 , shall apply to and govern this Amendment of said Agreement. It is understood that - this Amendment in no manner modifies the scope of responsibilities of the COUNTY .with respect to the 1982 assessment, nor does said Amendment affect the September 1982 due period for payment by the CITY for said 1982. assessment services. Agreement to be executed by its duly authorized officers and delivered on its behalf this day of , 1982 . COUNTY OF HENNEPIN, STATE OF MINNESOTA Upon proper execution, this agreement will be legally By: valid and bind Chairman of the County Board i ssi a - o ty At rney And: Deputy County Administrator APPROVED AS TO EXECUTION: ATTEST: Clerk of the County Board Assistant County Attorney CITY TA ANTHONY Date: By: Its C�aya� And: Its CITY MUST CHECK ONE: The City is organized pursuant to: Plan A Plan B Charter •