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City of Stewart - Notice

City of Stewart

Notice of Hearing on
Proposed Assessment

Stewart, Minnesota
May 14, 2018


Notice is hereby given that the Council will meet at 7:00 p.m. on May 14, 2018 in the City Community Center located at 551 Prior Street to consider, and possibly adopt, the proposed assessment for the 2018-2019 Infrastructure Improvements – Group C project. Adoption by the council of the proposed assessment may occur at the hearing. The following is the area proposed to be assessed:

a. Powers Street from Grove Street to Bowman Street
b. Powers Street from Prior Street to Mowbray Street
c. Croyden Street from Grove Street to Prior Street
d. Croyden Street from Mowbray Street to Winona Street (the west line of the cemetery)
e. Grove Street from Croyden Street to Powers Street
f. Bowman Street from South Street to Powers Street
g. Mowbray Street from Croyden Street to Powers Street
h. Mowbray Street from Hall Street to Main Street
i. East Street from Main Street to Martha Street
j. Herbert Street from Martha Street to North Street
k. South Street from Bowman Street to Prior Street
l. Certain properties non-abutting the previously described areas having water or sanitary sewer service connections to utility mains located within the described areas.

Such assessment is proposed to be payable in equal annual installments extending over a period of 15 years, the first of the installments to be payable in 2020 in conjunction with property tax payments, and will bear interest at the rate of 2 percent per annum from the date of the adoption of the assessment resolution. To the first installment shall be added interest on the entire assessment from the date of the assessment resolution until December 31, 2020. 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 any time 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 2 percent per year. The right to partially prepay the assessment available.

The proposed assessment roll is on file for public inspection at the City Clerk’s office. The total amount of the proposed assessment is approximately $1,104,100. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount of an assessment unless a written objection signed by the affected property owner is filed with the municipal clerk prior to the assessment hearing or presented to the presiding officer at the hearing. The 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 in an adjourned hearing, the following procedure will be followed:

1. The City will present its case first by 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 council as to the weight of items of evidence or testimony presented to the council.

5. The entire proceedings will be tape-recorded (video-taped).

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

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

An owner may appeal an assessment to district court pursuant to Minn. Stat. § 429.081 by serving notice of the appeal upon the Mayor or 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 Clerk.

Under Minn. Stat. §§ 435.193 to 435.195 and City Assessment Policy, the Council may, in its discretion, defer the payment of this special assessment for any homestead property owned by a person 65 years of age and older or permanently disabled for whom it would be a hardship to make the payments; or a member of the Minnesota National Guard or other military reserves who is ordered into active military duty. When deferment of the special assessment has been granted and is terminated for any reason provided in that law and Assessment Policy, all amounts accumulated plus applicable interest become due. Any assessed property owner meeting the requirements of this law and Assessment Policy, 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 his/her property.

Ronda Huls
City Clerk
(Published in The McLeod County Chronicle April 25, 2018)