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HomeMy WebLinkAboutCC RES 77-039 RESOLUTION PROVIDING FOR THE REASSESSMENT AND APPORTIONMENT OF CERTAINSPECIAL ASSESSMENTS PREVIOUSLY LEVIED Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII 105624 Box: 35 Folder: CC RES 1977 Document: CC RES 77-039 RESOLUTION PROVIDING FOR THE REASSESSMENT AND APPORTIONMENT OF CERTAINSPECIAL ASSESSMENTS PREVIOUSLY LEVIED • RESOLUTION 77-039 A RESOLUTION PROVIDING FOR THE REASSESSMENT AND APPORTIONMENT OF CERTAIN SPECIAL ASSESSMENTS PREVIOUSLY LEVIED WHEREAS, the City Council of the City of St. Anthony (the "City") has duly levied special assessments (the "Assessments") described hereafter (the "Improvements") pursuant to Minnesota Statutes, Chapter 429 (the "Act") , and WHEREAS, The Improvements were constructed and the Assessments levied at various times in the years 1960, 1961 and 1962; the Assessments were duly certified to the County Auditor for collection pursuant to the Act; and installments of the Assessments and interest thereon were duly collected and paid over to the City by the County Auditor through and in- cluding Assessment installments for the year 1966 , collectible in the year 1967; and WHEREAS, in 1967 the County Auditor, on advice of counsel and pursuant to law, declined to certify the remaining installments of the Assessments and interest thereon for the reason that certain divisions of the land subject to the Assessments had not been approved by the City, and WHEREAS, the remaining installments of Assessments and interest thereon constitute a valid lien on the property benefitted thereby and are now, and have been since 1967, unpaid, and WHEREAS, the City, while recognizing that the existence of the unpaid Assessments is the result of long past administrative oversight and in- appropriate policy judgment on its part, also is aware of its duty under the law, as well as its obligation in equity to other property owners in the City, to insure the collection of the total principal amount of the Assessments, and WHEREAS, the City has been advised by its special counsel that there is sufficient uncertainty surrounding the Assessments and their collecti- bility to warrant a reassessment of all of the Assessments pursuant to Section 429 . 071, Subdivision 2, of the Act; and the City has been further advised by special counsel that because of the uncertainty surrounding the City' s approval of the divisions of land in the areas assessed that an apportionment of the Assessments pursuant to Section 429 .071, Subdivision 3, of the Act is desirable, and WHEREAS, the City finds that proceeding with a reasscssment and an apportionment of the unpaid principal amount of the Assessments is the appropriate and equitable procedure to follow to insure the prompt and timely collection thereof and is in the best interests of the sound finan- cial management of the Cit}, : NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. ANTHONY, MINNESOTA, AS FOLLOWS: ' - s 1. The Assessments proposed to be reassessed and apportioned pursuant to this Resolution are identified and described in the proposed assessment roll set forth in Exhibit A attached hereto and made a part hereof by reference. 2 . The City finds and determines that the apportionment of the Assessments remaining unpaid will not materially impair the collection of the balance of original Assessments against the tracts of land initially assessed, but will in fact insure their collection. 3. All actions of the City, its officers and employees relating to the levy, collection and disposition of funds collected from Assessments relating to the Improvements and ratified and confirmed in all respects . 4. All division of land included within the tracts of land originally assessed for the Improvements are approved, it being the intent of the City that the descriptions of the parcels of land contained in Exhibit A and of record in the office of the County Auditor be, and hereby are, approved as required by Minnesota Statutes, Section 462. 358, Subdivision 2 , and the pertinent ordinances of the City; and further, that all actions of the City heretofore taken indicating, directly or indirectly, approval of such divisions are hereby confirmed and ratified. 5. The total cost of the Improvement to be reassessed is $42, 349 . 73, which amount equals the sum of the total unpaid balances of principal, but not interest, due on each Improvement as described in Exhibit A. The City finds and determines that A is, and has been, specially benefitted by an amount equal to the unpaid balance of principal of the Assessments as described in Exhibit A. It is hereby declared that Exhibit A has been prepared, at the direction of the City Council, by the City Clerk-Treasurer with the assistance of the City Engineer. Copies of Exhibit A should be kept available in the office of the Clerk-Treasurer for public inspection. 6 . A public hearing shall be held on the 27th day of September, 1977, in the City Hall at 9 :00 p.m. to pass upon the proposed reassessment, and at such time and place all persons owning property affected by the Im- provements and liable for assessments therefore will be given an opportunity to be heard with reference to the reassessment. 7. The City Clerk-Treasurer is authorized and directed to cause a notice of the hearing on the proposed reassessment in the form attached hereto as Exhibit B to be published once in the official newspaper of the City at least two weeks prior to the hearing. The Clerk-Treasurer shall also cause notice in the same form to be mailed to or personally served on the owner of each parcel described in the proposed assessment in Exhibit A not less than 30 days prior to the date of hearing. Adopted August 23 , 1977. M Tyf or • ATTEST: _ City Clerk