80-15
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
RESOLUTION
ADOPTING 1980 NORTH AREA SEWER & WATER PROJECT 71-1 ASSESSMENT ROLL
Date: May 12, 1980
Motion by Councilman Pearson
Resolution No. 80-15
Seconded by Councilman Swenson
WHEREAS, the City of Chanhassen, by various resolutions adopted
heretofore authorized the construction of the North Area Sewer &
Water Project 71-1 and authorized the issuance of various debt
instruments to finance said construction; and
vffiEREAS, the City Council of the City of Chanhassen, by its resolution
dated October 1, 1973 adopted an assessment roll for said Project 71~1;
and
WHEREAS, said assessment roll provided for assessments sufficient to
pay only a portion of the costs of said Project 71-1; and
WHEREAS, said resolution specifically declared the then intent of the
City to reimburse itself in the future for the unassessed portion of
the cost of said PDoject 71-1 by levying additional assessments; and
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vffiEREAS, said October 1, 1973, partial assessment was levied on the
basis of fiscal projections then before the City Council of the
City of Chanhassen indicating that estimated connection charges to
be collected from the developers of anticipated future commercial and
residential construction would be sufficient to fully reimburse the
City for the unassessed portion of the cost of said Project 71-1 and
meet its debt service obligation; and
WHEREAS, fiscal projections now before tlECity Council of the City of
Chanhassen indicate that the sum of such connection charges collected
by the City between October 1, 1973 and the date of this resolution
and estimateu future connection charge collections will be insufficient
to reimburse the City for the unassessed portion of the costs of
said Project 71-1 and insufficient to timely retire the various debt
instruments issued heretofore to finance said Project 71-1; and
WHEREAS 5429.051 of Minnesota Statutes authorizes this City to levy
additional assessments for the purpose of reimbursing the City for
the previously unassessed costs of a public improvement project; and
WHEREAS, ~429.071 of Minnesota Statutes authorizes the City to levy
supplemental assessments for the purpose of making corrections
relating to the total cost of a public improvement project or
relating to any other particular;
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NOW, THEREFORE, BE IT RESOLVED by the City Council of Chanhassen,
Minnesota, as follows:
1. The amount proper and necessary to be specially assessed
for the North Area Sewer & Water Project 71-1 against every assess-
able lot, piece or parceL of land affected thereby has been duly
calculated upon the basis of benefits, without regard to cash
valuation, in accordance with the provisions of Minnesota Statutes,
Chapter 429, and notice has been duly published and mailed as
required by law, that this Council would meet to hear, consider,
and pass upon all objections, if any, and said proposed assessment
has at all times since its filing been open for public inspection,
and an opportunity has been given to all interested persons to
present their objections, if any, to such proposed assessments, and
said proposed assessment has been amended as to certain parcels of
land as to the Council seems just.
2. This Council, having heard and considered all objections
so presented, and being fully advised in the pr~mises, finds that
each of the lots, pieces and parcels of land enumerated in the pro-
posed assessment as so amended was and is specially benefitted, as
measured by the increase in market value thereof, by the construction
of 'said improvement in not less than the amount of the assessment set
opposite the description of each such lot, piece and parcel of land,
and such amount so set out is hereby levied against each of the
respective lots, pieces ,and parcels of land therein described.
3. The assessment against each parcel, together with interest
at the rate of 7 % per annum accruing from the date of the adop-
tion of this assessment roll on the full amount thereof from time
to time unpaid, shall be a lien concurrent with general taxes upon
such parcel and all thereof. The total amount of each such assess-
ment shall be payable in equal annual principal installments extending
over a period of 10 years, the first of said installments, together
with interest on the entire assessment from the date hereof to
December 31, 19 81, to be collectable with general taxes in the year
19 81, and one each of the remaining installments, together with one
year's interest on that and all other unpaid installments, to be
payable with general taxes in each consecutive year thereafter until
the entire assessment is paid.
4. It is hereby declared to be the intention of the Council to
reimburse itself in the future for the portion of the cost of this
improvement paid for from municipal funds by levying additional
assessments, on notice and hearing as provided for the assessments
herein made, upon any properties abutting on the improvement but not
herein assessed for the improvement, when changed conditions relating
to such properties make such assessment feasible.
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5. To the extent that this improvement benefits non-abutting
properties which may be served by the improvement when one or more
later extensions or improvements aremade, but which are not herein
assessed therefor, it is hereby declared to be the intention of the
Council, as authorized by Minnesota Statutes, S429.05l, to reimburse
the City by adding the portion of the costs so paid to the assess-
ments levied for any such later extensions or improvements.
6. Prior to certification of the first installment of the
assessment to the County Auditor, the owner of any lot, piece, or
parcel of land assessed hereby may at any time pay the whole of
such assessment, with interest to the date of payment, to the City
Treasurer, or he may make partial payments pursuant to the ordinances
providing therefor, but no interest shall be charged if such whole or
partial payment is made within thirty (30) days after the date of
the adoption of this resolution; and he may thereafter pay to the
County Treasurer the installment and interest in process of collection
on the then current tax list, and he may pay the remaining principal
balance of the assessment to the City Treasurer. Such payment must
be made before November 15 or interest will be charged through
December 31 of the next succeeding year.
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7. The City Clerk/Manager shall file the assessment rolls
pertaining to this assessment in his office and shall certify
annually to the County Auditor on or before October 10 of each year
the total amount of installments and interest which are to become due
in the following year on the assessment on each parcel of land
included in the assessment roll.
8. The City Clerk/Manager shall also mail to each owner of
a right of way or public property included in the assessment roll
a notice specifying the amount payable by such-.owner as required
by Minnesota Statutes, S429.06l, Subd. 4.
Adopted by the Council of the C1
May , 1980.
ATTEST. ~ 0 'F6
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City.frerl< Manag
e
YES
Mayor Hobbs
~ounc11man Neveaux
Councilman Swenson
Councilman Pearson
Councilman Geving
NO
None
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STATE OF MINNESOTA
SS.
COUNTIES OF CARVER
AND HENNEPIN
CITY OF CHANHASSEN
I, the undersigned, being the duly qualified and acting
Manager of the City of Chanhassen, Minnesota do hereby certify
that I have carefully compared the attached and foregoing
extract of minutes of a regular meeting of the City Council held
on May 19, 1980, with the original thereof on file in my office
and the same is a full, true and complete transcript therefrom
insofar as the same relates to the issuance and sale of
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$1,510,000 General Obligation Building Bonds of 1980, of the City.
WITNESS My hand ~s Manager and the corporate seal of the City
this C:;<~~ day of
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City Manager
City of Chanhassen, Minnesota
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EXTRACT OF MINUTES OF MEETING OF THE
CITY COUNCIL OF THE CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
Pursuant to due call and notice thereof, a regular meeting
of the Council of the City of Chanhassen, Minnesota, was duly
held in the City Hall in the City of Chanhassen on Monday, May 19,
1980, commencing at 7:30 o'clock p.m.
The following members were present: Mayor Walter Hobbs,
Councilman John Neveaux, Councilman Dale Geving, Councilman Pat SWenson
and Councilman Richard Matthews.
and the following were absent: None
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The Mayor announced that the meeting was convened for the
~ consideration of the bids which had been received for the purchase
of $1,510,000 General~bligation Building Bonds of 1980, as
advertised for sale. The City Manager presented affidavits
showing publication of notice of sale in the official newspaper
and in Commercial West, a financial paper published in Minneapolis,
Minnesota, which affidavits were examined and found satisfactory
and ordered placed on file.
The City Manager presented the bids which had been received by
him prior to the time specified in the notice of sale, which had
been opened and tabulated with the assistance of Juran & Moody, Inc.,
financial advisers to the City. The bids were as follows:
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