95-019 - 02-21 - Adopting Special Assessment Deferment Policy Resolution 95-19 February 21, 1995
Member Thompson introduced the following resolution and moved its adoption:
RESOLUTION ADOPTING SPECIAL ASSESSMENT DEFERMENT POLICY
WHEREAS, Minnesota Statutes 435.193 through 435.195 provide for the deferment
of special assessments and specify the conditions under which municipalities are authorized
on a voluntary basis, to defer such assessment; and
WHEREAS, the City Council of the City of Golden Valley has determined that it is in
the best interest of its citizens to provide a Special Assessment Deferment Policy.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden
Valley, Minnesota, that a Special Assessment Deferment Policy is hereby established as
contained herein as long as anyone applying for said deferment meets the criteria herein
established.
BE IT FURTHER RESOLVED, that anyone seeking said Special Assessment
Deferment must complete the City of Golden Valley's application, as provided by the City,
and meet the following criteria:
1. The property upon which the assessment is deferred must be homesteaded.
2. The property is owned by a person at least 65 years of age on January 1 st
of the year in which payment of the first installment of the subject levy is
is due; or is owned by a person who is retired due to permanent and total
disability.
3. The applicant must have a °financial hardship" defined as:
a. An annual income at or below a level established annually in
City fee resolution; and
b. The aggregate total of special assessment installments from
previously existing special assessment levies plus the first year of the
current levy will exceed 1 1/2 percent of the applicant's annual
income.
4. A levy equal or less than 1 1/2 percent of the applicant's annual income cannot
be deferred. To determine whether a levy can be deferred, the first year
installment of the current levy will be added to the annual payment for any
existing special assessment levies. The applicant must pay an amount equal
to 1 1/2 percent of his/her annual income. The amount of the total annual levy
which exceed 1 1/2 percent can be deferred. (See City Application)
5. Special assessments levied due to the applicant's failure to pay charges for
City services or failure to comply to City Codes (i.e. delinquent utility
assessments, delinquent miscellaneous charges - alarm monitoring,
assessments for weed and tree removals, etc.) or charges agreed upon before
construction (i.e. repair to driveway) shall not be deferred, and installment
payments for existing levies for such services shall not be included in
calculating the maximum 1 1/2 percent aggregate payment defined in
paragraph 4 above.
6. Deferments certified annually shall not exceed a maximum period of five (5)
years after the last levy year of the original adoption.
7. The interest rate shall be the same interest rate that is approved with the
original adoption of the levy and will be applied each year the assessment is
deferred. If the property owner would like to prepay their deferred assessment
it needs to be paid in full and not in partial payments. The City will not allow
partial payments on deferred assessments.
8. The option to defer the payment of special assessments shall terminate and
all amounts accumulated plus interest shall become due upon the occurrence
of any of the following events:
a. The death of the owner, provided that the spouse is otherwise not
eligible for the deferment. The surviving spouse, if eligible, shall file
a new application.
b. The failure to provide the required annual application of certification.
c. The sale, transfer or subdivision of any or all of the property.
d. The property for any reason loses its homestead status.
9. All deferred special assessments and accumulated interest shall be due and
_ payable as required by the City, but not later than sixty (60) days after the loss
of eligibility. If not paid within the sixty (60) day period, interest shall be added
to the end of that particular year to the total deferred principal and accumulated
interest which shall then be certified for collection of taxes in the following year.
10. Applications for deferral of special assessments shall be made by the property
owner to the City annually on the prescribed forms determined by the City and
County Auditor to make his/her certification and will be due on the date stated
in the application. After the original year of deferment all applications are due
in by September 30 of each year of deferment. If an application is not into the
City Clerk's office by that date, deferment will cease.
Y,,
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Blait� emere, ayor
ATTEST:
Shirley J. I�on, City Clerk
The motion for the adoption of the foregoing resolution was seconded by Member Johnson
and upon a vote being taken thereon, the following voted in favor thereof: Johnson, Micks,
Russell, Thompson, and Tremere and the following voted against the same: none
whereupon said resolution was declared duly passed and adopted, signed by the Mayor and
his signature attested by the City Clerk.
Resolution 95-19 - Continued February 21, 1995
City of Golden Valley
Application for Deferment of Special Assessments
Name of Property Owner(s): Phone:
Address of Property:
Mailing Address (if different):
t (we) fumish the following information to the City of Golden Valley to be use in
evaluating my (our) request for deferment of certain special assessments ievied against
my (our) property. I (we) understand that deferment of payment of some or all of a
special assessment is possible for persons:
� who, as of January 1 of the payment year, are 65 years of age or older or are retired
due to total and permanent disability; and
• whose property is homesteaded according to the records of the City Assessor on
the date of adoption of the assessment roll; and
• whose income for the year preceding the payment does not exceed an amount
annually established by the City Council; and
• whose total annual installments of special assessments exceed an amount 11/2
percent of household income.
INSTRUCTIONS: Complete sections I, II, and III; sign and date.
I. I CERTIFY THqT'11Ay pROPERTY IS HOMESTEADED. _(Initials)
II. BASIS OF DEFERRAL (check one)
A property owner is 65 years of age or older OR
III. FINANCIAL DISCLOS E for the earedin December�31e�anent disability
KIND OF INCOME ' �9 �
Property Owner Property Owner Other
1 2
Salaries & Wa es
Social Securi
Veteran's Benefits
- Other Retirement
Disabilit Benefits
Mone from Rents
Dividends/Interest
Other Sources Such as Worker's Com
TOTAL
I (we) have completed this form and under penalties of perjury declare the information
to be true and accurate to the best of my(our) knowledge and belief.
Subsaibed and Swom b beforo ms
�'—�°� --��9 Sl9rmtur�e of APPlicar�t Date
Ndary Pubtic
Signettx�e oi Applicxnt p�e