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1182547 Public Hearing - Alexandria Sidewalk Assessment

Public Hearing

Publish November 26, 2010





Alexandria, Minnesota

November 26, 2010


Notice is hereby given that the Alexandria City Council will meet at 7:15 p.m. on Monday, December 13, 2010, in the Council Chambers in the Alexandria City Hall, 704 Broadway, to consider and possibly adopt the proposed assessment against abutting properties for the sidewalk improvement on Elm Street between 11th Avenue West and 12th Avenue West. Adoption by the Alexandria City Council of the proposed assessment may occur at the hearing.

Such assessment is proposed to be payable in equal annual installments extending over a period of 10 years, the first of the installments to be payable on January 13, 2011 at the rate of 7 percent per annum. To each subsequent installment when due shall be added interest for one year on all unpaid installments.

You may at any time prior to certification of the assessment to the County Auditor, pay the entire assessment on such property, with interest accrued to the date of payment, to the City Clerk. No interest shall be charged if the entire assessment is paid within 30 days from the adoption of this assessment. You may at anytime thereafter pay to the City Clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. If you decide not to prepay the assessment before the date given above, the rate of interest that will apply is 7 percent per year. The right to partially prepay the assessment is not available.

The proposed assessment roll is on file for public inspection at the City Clerk's office. The total amount of the entire proposed assessment for all benefiting property owners, is $6,447.59. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount of an assessment unless a signed, written objection is filed with the City Clerk prior to the hearing or presented to the presiding officer at the hearing. The City Council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable.

If an assessment is contested or there is an adjourned hearing, the following procedure will be followed:

1. The City will present its case by first calling witnesses who may testify by narrative or by examination, and by the introduction of exhibits. After each witness has testified, the contesting party will be allowed to ask questions. This procedure will be repeated with each witness until neither side has further questions.

2. After the City has presented all its evidence, the objector may call witnesses or present such testimony as the objector desires. The same procedure for questioning of the City's witnesses will be followed with the objector's witnesses.

3. The objector may be represented by counsel.

4. Minnesota rules of evidence will not be strictly applied, however, they may be considered and argued to the City Council as to the weight of items of evidence or testimony presented to the City Council.

5. The entire proceedings will be recorded.

6. At the close of presentation of evidence, the objector may make a final presentation to the City Council based on the evidence and the law. No new evidence may be presented at this point.

7. The City Council may adopt the proposed assessment at the hearing.

Under Minnesota Statutes §435.193 to 435.195 and City Resolution No. 03-57, the City Council may, in its discretion, defer the payment of this special assessment for any homestead property owned by a person 65 years of age or older for whom it would be a hardship to make the payments. When deferment of the special assessment has been granted and is terminated for any reason provided in that law and Resolution No. 03-57, all amounts accumulated plus applicable interest become due. Any assessed property owner meeting the requirements of this law and Resolution No. 03-57, may, within 30 days of the confirmation of the assessment, apply to the City Clerk for the prescribed form for such deferral of payment of this special assessment on the affected property.

An owner may appeal an assessment to district court pursuant to Minnesota Statutes Section 429.081 by serving notice of appeal upon the Mayor or City Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the Mayor or City Clerk.

/s/ Jim Taddei, City Clerk