Resolution 43-02 Calling a Hearing

WHEREAS, by a Resolution passed by the City Council on September 3, 2002, the City Administrator was directed to prepare a proposed assessment of the cost of improving Mineral Avenue between Mud Lake Road and Butler Road in the City of Mountain Iron, by installing water and sewer, and;

WHEREAS, the City Administrator has notified the City Council that such proposed assessment has been completed and filed in his office for public inspection.

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MOUNTAIN IRON, MINNESOTA:

1. A hearing shall be held on the 7th day of October, 2002 in the Community Center at 6:30p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment.

2. The City Administrator is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and he shall state in the notice the total cost of the improvement. He shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings.

3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City of Mountain Iron, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the assessment. He may at any time thereafter, pay to the City of Mountain Iron 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. 

DULY ADOPTED BY THE CITY COUNCIL THIS 3rd DAY OF SEPTEMBER, 2002.

NOTICE OF HEARING ON PROPOSED ASSESSMENT

Mountain Iron, Minnesota September 17, 2002.

TO WHOM IT MAY CONCERN:

Notice is hereby given that the City Council will meet at 6:30p.m. on October 7, 2002 at the Community Center to consider, and possibly adopt, the proposed assessment for the sewer and water improvement of Mineral Avenue between Mud Lake Road and Butler Road. Adoption by the council of the proposed assessment may occur at the hearing. The following is the area proposed to be assessed:

Adjoining Property owners.

The amount to be specially assessed against your particular lot, piece, or parcel of land is $5,210.84. Such assessment is proposed to be payable in equal annual installments extending over a period of ten years, the first of the installments to be payable on or before the first Monday in January 2003, and will bear interest at the rate of eight 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, 2002. 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 of Mountain Iron. 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 of Mountain Iron 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 eight percent per year. 

The proposed assessment roll is on file for public inspection at the City Administrator�s office. The total amount of the proposed assessment is $10421.68. 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 City Administrator 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 is 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 City Council as to the weight of items of evidence or testimony presented to the City Council.

5. The entire proceedings will be tape-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.

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 City Administrator 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 Administrator.