Loading...
HomeMy WebLinkAboutCC RES 90-009 RESOLUTION AUTHORIZING THE MAYOR PRO TEM AND CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE HENNEPIN COUNTY ASSESSOR FOR ASSESSING SERVICES IN 1991, 1992, 1993, AND 1994 Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII 103659 Box: 26 Folder: RES 1990 Document: CC RES 90-009 RESOLUTION AUTHORIZING THE MAYOR PRO TEM AND CIN MANAGER TO ENTER INTO AN AGREEMENT WITH THE HENNEPIN COUNTY ASSESSOR FOR ASSESSING SERVICES IN 1991, 1992, 1993, AND 1994 • RESOLUTION 90-009 A RESOLUTION AUTHORIZING THE MAYOR PRO TEM AND CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE HENNEPIN COUNTY ASSESSOR FOR ASSESSING SERVICES IN 1991 , 1992 , 1993 , AND 1994 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 Pro Tem 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 199-3. Mayor Pro Tem ATTEST: City Cler Reviewed for administration: City Manager • • • ' 1 . . • ,, . 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 cooperate with said CITY by completing the assessment in a proper and 2�7-oitatle manner ; NOW, THEREFORE, in consideration of the mutual covenants contained herein , it is agreed as follows : 1 . The COUNTY shall perform the 1987 , 1988 , 1^89 and 1990 property assessment for the CITY of ST. ANTHONY in accordance with property assessment procedures and practices e7tablished 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 COUNTY 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 . S . 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 ) 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, iwithout 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 , ps 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 hereir. in an efficient manner . The sole and exclusive remedies for any breach of this Agreement by the COUNTY and for •-OUNTY' 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 written 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 CImay make written inquiry of the COUNTY about Y ave 6eefv 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 ) e 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 to: Director of Assessments Hennepin County 2103A 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 0 ( 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 authorized-officers and delivered on its behalf, this day of , 1986 . COUNTY OF HENNEPIN, STATE OF MINNESOTA Upon proper execution, this agreement will be legally valid and binding. BY: Chairman of the County Boar Assistant County Attorney And: Date : Deputy/Assoc . Co . Administrator APPROVED AS TO EXECUTION: ATTEST: Clerk of the County Boar Assi&tant County Attorney CITY OF ST. ANTHONY Date : D By Its Mayor And: l �� Its City Manager The above Agreement no. 60496 is hereby approved by the Cnrumissioner of Revenue this day of 1986 . 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, oer sales analysis , adjust estimated market values on those properties not revalued. [ CONTRACT] ( 12 )