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Notice of Hearing

Proposed Assessment

November 22, 2012
Marshall Independent

November 23, 2012


Marshall, Minnesota

November 23, 2012


Notice is hereby given that the City Council will meet at 5:30 p.m. on Tuesday, December 11, 2012 in the Professional Development Room of the Marshall Middle School located at 401 South Saratoga Street in Marshall, Minnesota, to consider, and possibly adopt, the proposed assessments for the following improvement at the following locations:

Project Z05: Tiger Park Stormwater Detention Pond Project -- The project includes the expansion of the existing Marshall High School storm water pond, the construction of two new storm water ponds in the northeast and northwest portions of the intersection of East College Drive (TH 19) and TH 23, and related storm sewer work. The proposed work will provide storm water storage and storm water treatment prior to the outfall to Branch 10 of the Lyon County Ditch System. The total estimated project cost is $1,283,600, with a proposed estimated assessment to benefitting property owners in the amount of $1,283,600.

Such assessments are proposed to be payable in equal annual installments extending over a period of ten (10) years, the first of the installments to be payable on or before the first Monday in January 2014, and shall bear interest at the rate of four percent (4.0%) per annum from October 15, 2013. To the first installment shall be added interest on the entire assessment from October 15, 2013 through December 31, 2014. 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 from October 15, 2013 to the date of payment, to the City Clerk/Financial Director. No interest shall be charged if the entire assessment is paid by October 15, 2013. In all succeeding years, you may pay to the City Clerk/Financial Director the entire amount of the assessment remaining unpaid before October 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 four percent (4.0%) per year. The right to partially prepay the assessment to the City Clerk/Financial Director according to Ordinance No. 364, Second Series, is available.

The proposed assessment roll is on file for public inspection at the City Clerk's office.

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 Clerk prior to the assessment hearing or presented to the presiding officer at the hearing. The City 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 (video-taped).

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 my appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk 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 Clerk.

Under Minnesota Statutes, Sections 435.193 to 435.195, the City Council, may in its discretion, defer the payment of this special assessment for any homestead property owned by a person 65 years of age or older for whom it would be a hardship to make the payments. When deferment of the special assessment has been granted and is terminated for any reason provided in that law, all amounts accumulated plus applicable interest become due. Any assessed property owner meeting the requirements of this law and the ordinance adopted under it may, within 30 days of the confirmation of the assessment, apply to the City Clerk for the prescribed form for such deferral of payment of this special assessment on his property.

Dated this 23rd day of November, 2012

Thomas M. Meulebroeck

City Clerk/Financial Director



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