HomeMy WebLinkAboutRES 86-034 RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE HENNEPIN COUNTY ASSESOR FOR ASSESING SERVICES IN 1987, 1988, 1989, AND 1990 Meeting Sheet
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102365
Box: 23
Folder: RES 1986
Document: RES 86-034 RESOLUTION AUTHORIZING THE MAYOR AND
CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE HENNEPIN
COUNTY ASSESOR FOR ASSESING SERVICES IN 1987y 1988y 1989, AND
1990
•
RESOLUTION 86 034
A RESOLUTION AUTHORIZING THE MAYOR AND
CITY MANAGER TO ENTER INTO AN AGREEMENT
WITH THE HENNEPIN COUNTY ASSESSOR FOR
ASSESSING SERVICES IN 1987 , 1988, 1989, AND 1990
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 day of So 1986.
•
aaforL
ATTEST:
City Clerk
Reviewed for administration: � I .`i
City Manager
797
Contract No. 60496
AGREEMENT
THIS AGREEMENT, Made and entered into by and between the
COUNTY OF HENNEPIN, a political subdivision of the State of
Minnesota, hereinafter referred to as the "COUNTY"-, 'and the CITY
OF ST. ANTHONY, a political subdivision of the State of
Minnesota, hereinafter referred to as "CITY" ;
WHEREAS, said CITY lies partially within the COUNTY OF
HENNEPIN and constitutes a separate assessment district; and
WHEREAS, under such circumstances, the provisions of
Minnesota Statutes, Section 273 . 072 and Minnesota Statutes ,
Section 471 . 59 permit the COUNTY Assessor to provide for the --
assessment of property; and
• WHEREAS, said CITY desires the COUNTY to perform certain
assessments on behalf of said CITY; and
WHEREAS, the COUNTY is willing to coope.rate with said
CITY by completing the assessment in. a proper and equitable
manner;
NOW, THEREFORE, in consideration of the mutual covenants
contained herein, it is agreed as follows :
1 . The COUNTY shall perform the 1987 , 1988 , 1989 and 1990
property assessment for the CITY of ST. ANTHONY 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. The COUNTY may
change any such practices, and procedures from time to time,
•
whenever the COUNTY in its sole judgment determines that good and
• efficient procedures so require, provided that except for a
change required by statute, the COUNTY shall make a good faith
and reasonable effort to notify the CITY in advance of the
effective date of a change whenever the COUNTY determines the
change to be material in nature . The property assessment by the
COUNTY shall be composed of those assessment services 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 being violative of any term of this Agreement.
2 . All information, records, data, reports, etc . necessary
to allow the COUNTY to carry out its herein responsibilities
• shall be furnished to the COUNTY without charge by the CITY, and
the CITY agrees to cooperate with the COUNTY in carrying out the
work under this Agreement.
3 . The CITY agrees to - furnish office space needed by the
COUNTY, without charge , at appropriate places in the CITY' s
offices . The keys thereto shall be provided to the COUNTY. The
CITY assures that such areas shall not be unattended, during or
after work of any kind by or on behalf of the CITY, in any area
occupied by, the COUNTY as provided herein, or if unattended, the
CITY shall make certain that such areas are locked and secured.
Such office space shall be sufficient in size to accommodate
reasonably two appraisers and any furniture placed therein.
( 2 )
4 . The CITY also agrees to provide appropriate desk and
• office furniture as necessary, clerical and secretarial support
necessary and reasonable for the carrying out of the work herein,
necessary office supplies and equipment, copying machines and
supplies, and telephone service to the COUNTY, without charge .
5. The CITY, at its expense , shall also provide sufficient
and securable file and storage furniture for the COUNTY to store
records, data and all such other items necessary for the 00ONTY
to carry out its responsibilities at the office of the CITY. If
such file and storage furniture is located in an area not
occupied by the above-mentioned appraisers, such location shall
be sufficiently close to the work area of the appraisers so as to
afford convenient access to such location by said appraisers .
Any such location shall be securable and the keys thereto shall
be provided to the COUNTY. During or after work of any kind, by
or on behalf of the CITY in any such location, the CITY assures
that such location shall not be unattended, or if unattended, the
CITY shall make certain that such areas are locked and secured.
6 . It shall be the responsibility of the CITY to have
available at the CITY' s offices each CITY working day a person
who has such knowledge and skill to be able to answer routine
questions pertaining to homesteads and property assessment
matters and to receive, evaluate and organize homestead
applications . It shall also be the responsibility of the CITY to
refer any homestead application which needs investigation to the
COUNTY.
•
( 3 )
7 . In accordance with Hennepin County Affirmative Action
• Policy and the County Commissioners' policies against
discrimination, no person shall be excluded from full employment
rights or participation in or the benefits of any program,
service or activity on the grounds of race, color, creed,
religion, age, sex, disability, marital status,
affectional/sexual preference , public assistance status, ex-
offender status or national origin; and no person who is
protected by applicable Federal or State laws against
discrimination shall be otherwise subjected to discrimination.
CITY will furnish all information and .reports required by the
Hennepin County Affirmative Action Policy. CITY shall adopt and
comply with the Hennepin. County Board' s Equal Employment
Opportunity/Affirmative Action . Policies with regard to employment
• and contract as said policies exist on the date of this
Agreement.
8 .
A. It is agreed that nothing herein contained is
intended or should be construed in any manner as creating or '
establishing the relationship of joint venturers or co-
partners between the parties hereto or as -constituting the
CITY as the agent, representative or employee of the COUNTY
for any purpose or in any manner whatsoever . CITY is to be
and shall remain an independent CITY under, this Agreement.
Any and all personnel of CITY or other persons, while engaged
in the performance of any activity under this Agreement,
shall have no contractual relationship with the COUNTY and
• shall not be considered employees of the COUNTY and any and
( 4 )
r
.all claims that may or might arise under the workers,
• compensation act of the State of Minnesota on behalf of said
personnel or other persons while so engaged, and any and all
claims whatsoever on behalf of any such person or personnel
arising out of employment or alleged employment including,
without limitation, claims of discrimination against the
CITY, its officers, agents , CITY or employees shall in no way
be the responsibility of the COUNTY, and CITY shall defend,
indemnify and hold the COUNTY, its officers, agents and
employees harmless from any and all such claims regardless of
any determination of any pertinent tribunal , agency, board,
commission or court. Such personnel or other persons shall
not require nor be entitled to any compensation, rights or
benefits of any kind whatsoever from the COUNTY, including,
• without limitation, tenure rights , medical and hospital care ,
sick and vacation leave, workers, compensation, unemployment
compensation, disability, severance pay and P.E.R.A.
B. Any and all personnel .of the COUNTY or other
County-authorized persons, while engaged in the performance
of any work or services required of the COUNTY under this
Agreement, shall have no contractual relationship with the
CITY and shall not be considered employees of the CITY and
any and all claims whatsoever on behalf of any such person or
personnel arising out of employment or alleged employment
including, without limitation, claims of discrimination
against the CITY, its officers, agents, contractors or
employees shall in no way be the responsibility of the CITY,
• and the COUNTY does hereby hold the CITY harmless from any
and all such claims . Such personnel or other persons shall
( 5 )
not require nor be entitled to any compensation, rights or
benefits of any kind whatsoever from the CITY, including,
without limitation., tenure rights, medical and hospital care,
sick and vacation leave, severance pay and PERA.
9 .
A. Consistent with the specific limits, exclusions and
conditions expressed in Minnesota Statutes, Chapter 466
( 1984 , as may be amended) , CITY agrees that it will defend
and hold the COUNTY, its officers and employees harmless from
any and all liability ( statutory or otherwise ) claims., suits,
damages, judgments., interest, costs or expenses ( including
reasonable attorney' s fees, witness fees and disbursements
incurred in the defense thereof ) resulting from or caused by
any act or omission of the CITY; its officers, agents,
contractors or employees in the performance of the
responsibilities provided by this Agreement.
B. Consistent with the specific limits, exclusions and
conditions expressed in Minnesota Statutes , Chapter 466
( 1984 , as may be amended) , the COUNTY shall indemnify and
hold the CITY, its officers and employees harmless from any
liability with respect to bodily injury or property damage to
the extent and degree any such liability arises out of the
negligence of the COUNTY, its employees or agents.
10 . The COUNTY shall endeavor to perform all services called
for herein in an efficient manner . The sole and exclusive
remedies for any breach of this Agreement by the COUNTY and for
COUNTY' s liability of any kind whatsoever , including but not
( 6 )
limited to liability for negligence with respect to the services
• hereunder, shall be limited to correcting diligently any
deficiency in said services as is reasonably possible under the
pertinent circumstances. Except as otherwise provided in
Paragraph 9(B) hereof, in no event shall the COUNTY be liable for
actual , direct, -special , incidental , consequential or any other
damages of whatsoever nature .
11 . •This Agreement shall . commence 'on August 1, 1986 ; and
shall terminate on July 31 , 1990 . This Agreement may be. extended
for a term of four ( 4 ) years by either party giving the . other
written notice of its intent to so extend no less than 150 -days
prior to the termination of this Agreement. If the party who
receives *said notice of intent to extend gives writtep notice to
the other party of its desire not to renew within 110 days prior
• to termination of this Agreement, this Agreement shall terminate
on July 31 , 1990 .
Nothing herein shall preclude the parties, prior to the
end of this Agreement, from agreeing to extend this contract for
a term of four (4 ) years . Any extended term hereof shall be on
the - same terms and conditions set -forth herein. Either party may
terminate this Agreement for "just cause" as determined by the
Commissioner of Revenue after hearing for such a determination is
held by the Commissioner of Revenue and which has been attended
by representatives of COUNTY and CITY or which- said
representatives had a reasonable opportunity to attend, provided
that after a determination of "just cause" , any party desiring to
cancel this Agreement may do so by giving the other party no less
• than 120 days' written notice . If the CITY should cancel this
( 7 )
Agreement, as. above provided, before. the completion of the then
• current property assessment by the COUNTY, the CITY agrees to
hold the COUNTY, its officers, agents and employees harmless from
any liability that might ensue as a result of the non-completion
of a property tax assessment.
For the purpose of this Agreement, the term "just cause"
shall mean the failure of any party hereto reasonably to perform
a material responsibility arising hereunder.
12 . In consideration of said assessment services, the CITY
agrees to pay the COUNTY the sum of Twenty Thousand Three Hundred
Seventy-five ( $20, 375. 00) Dollars . for each assessment, provided
that any. payment due in September of any year (as below provided)
may be increased or decreased by that amount which exceeds or is
less than the COUNTY' s estimated cost of appraising new
• construction and new parcels for relevant assessment. Regarding
each assessment, in addition to being subject to adjustment in
the above manner, said assessment cost of $20, 375 . 00 may also be
increased by the COUNTY if:
a . the COUNTY determines that any cost to
the COUNTY in carrying out any aspect of this
Agreement has increased, including but not
limited to the following types of costs: new
construction and new ' parcel appraisals,
gasoline, postage, supplies, labor ( including
fringe benefits ) and other types of costs,
whether similar or dissimilar; and/or
b. the COUNTY reasonably determines that
other costs should be included in the costs of
assessment work .
( 8 )
The COUNTY shall give written notice of any price change by
• . June 15 of any year and such increase shall apply to the.
assessment for the calendar year next following the current
calendar year . Any such - notification shall specifically set
forth the amount of any new construction and '.new parcel appraisal
charges. The CI Y may make written inquiry of the COUNTY about
ave 6,e _,,N
which specific costsAincreased and the amounts thereof, and the
COUNTY shall furnish such information to the CITY. Supportive
records of the cost increase will be open to inspection 'by the
CITY at such times as are mutually agreed upon .by the COUNTY and
CITY. Payment by the CITY shall be due no later than twenty-one
( 21 ) days after receipt by the CITY of billing from the COUNTY
for the herein assessment services, provided that said payment
shall be due no earlier than September 7 of each year .
• Notwithstanding any provisions herein to the contrary, if any
such increase, exclusive of any. charge for the estimated costs of
new construction and new parcel appraisals, exceeds ten ( 10% )
percent of the amount charged for the. assessment for the then
current calendar year, exclusive of any charge for the estimated
costs of new construction and new parcel appraisals, the CITY may
cancel this Agreement by giving to the COUNTY written notice
thereof,provided that said cancellation notice must be received
by the COUNTY not later than July 24 of the then current calendar
year and said cancellation shall be effective no earlier than
five ( 5 ) days after the receipt of said notice by the COUNTY and
not later than July 31 of said current calendar year .
( 9 )
13 . Any notice or demand, which may or must be given or made
• by a party hereto, under the terms of this Agreement or, any
statute or ordinance, shall be - in' writing and shall be sent
registered or certified mail to the other party addressed as
follows:
TO CITY: City Manager , City of
St. Anthony
3301 Silver Lake Road
St. Anthony, ,MN. 55418
TO COUNTY: Hennepin County Administrator
2300A Government Center
Minneapolis , MN. 55487 -
copies
5487copies to: Director of Assessments
Hennepin County
2.103A Government Center
Minneapolis, MN. 55487
Assistant County Assessor
Hennepin County
2103A Government Center
Minneapolis, MN. 55487
• Any party may designate a different addressee or address at
any time by giving written -notice thereof as above provided. Any
notice, if mailed, properly addressed, postage prepaid,
registered or certified mail , shall be deemed dispatched on the
registered date or that stamped on the certified mail receipt and
shall be deemed received within the second business day
thereafter or when it is actually received, whichever is sooner .
Any notice. delivered by hand shall be deemed received . upon actual
delivery.
14 . It is expressly understood that, the obligations of the
CITY and COUNTY under Paragraphs 8 , 9 , 11 , and 12 hereof and the
obligations of the CITY and COUNTY which, by their sense and
context, are intended to survive the performance thereof by the
( 10 )
CITY, shall so survive the completion of performance, termination
• or cancellation of this Agreement.
IN WITNESS WHEREOF; the parties have caused this
Agreement to be executed by its duly authorize officers and
delivered on its behalf, this C6 day of , 1986 .
COUNTY OF HENNEPIN, STATE OF MINNESOTA.
Upon proper execution, this
agreement will be legally
valid and binding. Y:
�—
Chdir n o the County Boar
r
ist tt y And:
Date: uty ssoc. A inistrator
APPROVED AS TO EXECUTION:
ATTtE ,
® t e Coun y soa isnt un Att rney CITNY
By:
And:
CSrm�
Its CLY-f AAWACIE�
The above Agreement no. 60496 ispereby approved by the
Co missioner of Revenue' this . la day of
eC�rvtber 1986 .
Art COMMISSIONER OF REVENUE
(.11 )
Contract No. 60496
EXHIBIT A
CITY .OF ST. ANTHONY
1 . Physically inspect and revalue 25% of the real property, as
required by law.
2 . Physically inspect and value all new construction, additions
and renovation.
3 . Conduct valuation reviews prior to Board of Review -
approximate dates : March- through May.
4 . Attend Board of Review. Per Board request, make all
necessary review appraisals. Approximate dates : April 1
. June 10 .
5 . Keep updated field card file - current values, homestead and
classification data.
6 . Print, mail and post valuation notices and full year
• homestead cards . Process midyear homestead applications.
7 . Respond to taxpayers regarding assessment or appraisal
problems or inquiries -periodically during contract term.
8 . Make divisions and combinations periodically during contract
term.
9 . Initiate , for the taxpayer , abatement applications
periodically during contract term, as requested.
10 . Make appraisals for, testify or negotiate all District Court
or Tax Court filings, periodically during contract term.
11 . Post values from appraisal cards to assessment rolls .
12 . As needed, per sales analysis , adjust estimated market
values on those properties not revalued.
[ CONTRACT]
•
( 12 )
.. • �6 78 7.
RESOLUTION 86-028 .
A RESOLUTION AUTHORIZING THE. MAYOR AND
CITY MANAGER . TO ENTER INTO AN AGREEMENT
WITH THE HENNEPIN COUNTY ASSESSOR FOR
ASSESSING: SERVICES IN 1987 , -1988 , .1989 , AND 1990
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 3 day of 1986 .
ia1 or
ATTEST:
City Clerk
Reviewed for administration : '
City Manager