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HomeMy WebLinkAboutCity Council Resolution 2011-231CITY OF PLYMOUTH RESOLUTION No. 2011-231 APPROVING SPECIAL ASSESSMENT AGREEMENT 2333 NIAGARA LANE (PIN 28-118-22-21-0011) 2010 STREET RECONSTRUCTION PROJECT CITY PROJECT NO. 10001 WHEREAS, pursuant to proper notice duly given as required by law, the Council met and heard and passed upon all objections to the proposed assessment for the improvement of the Parkers Lake Corporate Center area including 23rd Avenue and 25th Avenue, west of Niagara Lane, to and including Polaris Lane for the reconstruction of streets with the installation of bituminous pavement, concrete curb and gutter installation and repair, storm sewer installation and repair, watermain replacement, and all necessary appurtenances. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. Such proposed Special Assessment Agreement, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. The Current Assessment identified in the Special Assessment Agreement shall be payable in equal annual installments extending over a period of 15 years, the first of the installments to be payable on or before the first Monday in January, 2012, and shall bear interest at the rate of 5.82% per annum for a 15 year assessment period from the date of adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2012. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The Deferred Assessment of $38,069.88 shall be deferred without interest until the Subject Property is subdivided or until a second or new building is built on the Subject Property, whichever occurs first. When the deferment end the assessment shall be spread over fifteen (15) years, together with 5.82% interest on the unpaid balance from the date of the end of the deferment. The first installment shall be payable the year following the end of the deferment. In any event, when the assessment becomes payable it shall be divided into a number of installments such that the last installment thereof will be payable not more than 30 years after the levy of the assessment. If the deferment does not end within twenty nine (29) years the deferred assessment shall be waived by the City. 4. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Finance Director, pay the whole of the assessment on such property with interest accrued to the date of payment to the City of Plymouth Finance Department, except that no interest shall be charged if the entire assessment was paid within 30 days from the adoption of this resolution; and he may at any time there after, pay the City of Plymouth Finance Department 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 by November 14 or interest will be charged through December 31 of the next succeeding year. The owner of any property so assessed may also, within 30 days from the adoption of the resolution, make a partial payment of a least $100 to the City of Plymouth Finance Department. The remaining unpaid balance will be certified as the new assessment amount. The owner may also at any time prior to November 15, of any year, pay the remaining unpaid principal balance with interest accrued to December 31 of the year in which such prepayment is made. 5. The Clerk shall forthwith transmit a certified duplicate of this Current Assessment to the County Finance Director to be extended on the property tax lists of the County. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Approved this 12th day of July, 2011. STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS. The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on July 12, 2011, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the corporate seal of the city this day of City Clerk