October 18, 2016

NOTICE OF HEARING ON PROPOSED ASSESSMENT

Marshall, Minnesota

October 18, 2016

TO WHOM IT MAY CONCERN:

Notice is hereby given that the City Council will meet at 5:30 p.m. on Tuesday, November 1, 2016 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:

Ice and snow removal and weed elimination

Such proposed assessment shall be payable in equal annual principal installments extending over a period of one (1) year, the first of the

installments to be payable on or before the first Monday in January, 2017, and shall bear interest at the rate of 3.31% per annum from the date of the adoption of the assessment resolution.

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 18th day of October, 2016

Jane DeVries

City Clerk