81-32
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
RESOLUTION
ADOPTION OF MSAS lOl (KERBER DRIVE) ASSESSMENT ROLL, PROJECT 77-6/74-2
Date: August 3l, 1981
Motion by Councilmember Swenson
Resolution No. 8l-32
Seconded by Councilmember Geving
BE IT RESOLVED by the City Council of Chanhassen, Mlnnesota,
as follows:
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l. The amount proper and necessary to be specially
assessed at this time for the MSAS lQl (Kerner Drive) Streef
Improvement Project 77-6/74-2
against every assessable lot, piece or parcel of land affected
thereby has been duly calculated upon the basis of benefits, with-
out 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 assess-
ments, 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 premises, finds that each
of the lots, pieces and parcels of land enumerated in the proposed
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 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.
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3. The assessment against each parcel, together with interest
at the rate of 8 % per annum accruing from the date of the adop-
tion of this assessment resolution on the full amount thereof from
time to time unpaid, shall be a lien concurrent with general taxes
upon such parcel and all thereof; provided, however, that the Cl.ty
Council reserves the right by resolution to periodically adjust the
rate of interest payable on unpaid installments of special assessments
within the limits imposed by law. 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, 1981 , to be collectable wi th general taxes in the year 19 82_,
and one of each of the remaining installments, together wi.th 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.
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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 by
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 assess-
ment feasible.
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 are made, but which are
not herein assessed therefor, it is hereby declared to be the intention
of the Council, as authorized by Minnesota Statutes, ~429.05l, to
reimburse the City by adding the portion of the costs so paid to the
assessments levied for any such later extensions or improvements.
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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 payment pursuant to the ordinances providing
the~efor, 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 l5 or interest will be charged through December 3l of
the next succeeding year.
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 lO 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, ~429.06l, Subd. 4.
Adopted by the Council of the City of Chanhassen this
August ,l9 8~
3lstday of
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AYES
Neveaux
Geving
Swenson
Horn
Mayor Hamilton - absent
NAYES
None
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