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<br /> <br />. <br /> <br />. <br /> <br />429.051 LOCAL IMPROVEMENTS. SPECIAL ASSESS1\IE~'TS <br /> <br />any of the portion of the cost so paid to the assessments levied for any of such later extensions <br />or improvements, provided that notice that such additional amount will be assessed is in- <br />cluded in the notice of hearing on the making of such extensions or improvements. The addi- <br />tional assessments herein authorized may be made whether or not the properties assessed <br />were included in the area described in the notice of hearing on the making of the original im- <br />provement. <br /> <br />In any city of the fourth class electing to proceed under a home rule charter as provided <br />in this chapter, which charter provides for a board of water commissioners and authorizes <br />such board to assess a water frontage tax to defray the cost of construction of water mains, <br />such board may assess the tax based upon the benefits received and without regard to any <br />charter lmutatlon on the amount that maybe assessed for each lineal foot of property abutting <br />on the water main. The water frontage tax shall be imposed according to the procedure and, <br />except as herein provided, subject to the limitations of the charter of the city. <br /> <br />History: 1953 c398 s 5; 1955 c 842 s 1; 1957 c 40 s 1; 1959 c 490 s /; 196/ c 286 <br /> <br />s J <br />429.06 [Repealed. 1953 c 398 s 13 subd 11 <br /> <br />429.061 ASSESSMENT PROCEDURE. <br /> <br />Subdivision 1. Calculation, notice. At any time after the expense incurred or to be in- <br />curred in making an improvement shall be calculated under the direction of the council, the <br />council shall detennine by resolution the amount of the total expense the municipallty will <br />pay, other than the amount, ifany, which it will pay as a property owner. and the amountto be <br />assessed. If a county proposes to assess within the boundaries of a city for a county state-aid <br />highway or county highway, including curbs, gutters, and storm sewers, the resolution must <br />include the portion of the cost proposed to be assessed within the city. The county shall for- <br />ward the resolution to the city and it may not proceed with the assessment procedure nor may <br />the county allocate any cost under this section for property within the city unless the city <br />council adopts the resolution approving the assessment. Thereupon the clerk, with the assis- <br />tance of the engineer or other qualified person selected by the council, shall calculate the <br />proper amount to be specially assessed for the improvement against every assessable lot, <br />piece or parcel of land, without regard to cash valuation, in accordance with the provisions of <br />section 429.051. The proposed assessment roll shall be filed with the.clerk and be open to <br />pubhc inspection. The clerk shall thereupon, under the council's direction, publish nouce <br />that the council will meet to consider the proposed assessment. Such notice shall be pub- <br />lished in the newspaper at least once and shall be mailed to the owner of each parcel described <br />in the assessment roll. For tpe purpose of giving mailed notice under this subdi vision, owners <br />shall be those shown to b~ such on the records of the county auditor or, in any county where <br />tax statements are mailed by the county treasurer, on the records of the county treasurer. but <br />other appropriate records may be used for this purpose. Such publication and mailing shall be <br />no less than two weeks prior to such meeting of the council. Except as to the owners of tax <br />exempt property or property taxes on a gross earnings basis, every property owner whose <br />name does not appear on the records of the county auditor or the county treasurer shall be <br />deemed to have waived such mailed notice unless the owner has requested in writing that the <br />county auditor or county treasurer, as the case may be. include the name on the records for <br />such purpose. Such notice shall state the date,J!!!le. and -place of such meeting, the general <br />nature of the improvement. t~a propo,,~d tp be !:lli~~ssed, the to_tal amo..\!nt of the pr~posed <br />assessment, that the proposed assessment roll is on the file with the clerk, and that wntten or <br />oral obiections thereto bv any oroperty owner will be considered. The notice must also s~~e <br />that no appeal may be taken as to the amount of any assessment adopted pursuant to subdiVi- <br />sion 2, unless a written objection signed by the affected property owner is filed with the mu- <br />nicipal clerk prior to the assessment hearing or E-Cesented to the pr~siding officer at the hear- <br />ing, The notice shall also slate that an owner may appe~!2!D~J~essm~J)J to district court p~~ <br />S~llQs~~c.tion429.081 by servi!,g.'!9.tice of the appeal. uJlon the mavororclerkofthe tnuntc- <br />lpality within 30 daysafterThe adoOlion of the assessment and filing such notice ~Ith ~e <br />dist~cl c_~~!.l wit~!~ ten d~s a(ter service~~_[~~.mavor or_cIerk.'(he notice sha,Il also 1:l1~ <br />fonn property o~ of the provisions of sections 435,193 to 435.195 and the eXIStence of <br /> <br />634 <br /> <br />635 <br /> <br />anY deferment procedure establishec <br />notice mailed to the owner must stat <br />(1) the amount to be specially' <br />land; <br />(2) adoption by the council of , <br />(3) the right of the property ov <br />whom prepayment must be made; <br />(4) whether partial prepaymen <br />(5) the time within which prep' <br /> <br />(6) the rate of interest to be acc <br />time period. <br />Subd. 2. Adoption; Interest. I <br />shall hear and pass upon all objectic <br />or in writing. The council may amer <br />tion adopt the same as the special a' <br />Notice of any adjournment of the h <br />adjourned show the time and plac\ <br />The council may consider an) <br />specific parcel of land at an adjou' <br />owner as it deems adVISable. At th <br />hear further written or oral testimo <br />sider further written or oral testim <br />to the amount of the assessment. 1 <br />ceedings at the adjourned hearing <br />. The amount of the assessment as f <br />adopted assessment roll. No appe' <br />under this section unless written 0 <br />the municipal clerk prior to the as <br />hearing. All objections to the asse <br />nerprescribed by this subdivisio <br />hearing is due to a reasonable ca <br />lfthe adopted assessment d' <br />piece. or parcel of land, the cJerl <br />adopted assessment. Ownersrm <br />council in interest rates or prepay <br />proposed assessment. <br />The assessment, with accro <br />erty included therein, from the <br />with general taxes; butlhe lien si <br />,publicly owned, and during suc] <br />pf such property only in the m' <br />t ~iherwise provided in the resok <br />ments extending over such pen' <br />able on the first Monday in Janl <br />uniform for all assessments inc <br />. \ermining the number of install' <br />located in a targeted neighborh <br />~ay be payable .in variable ano <br />men!. The first mstallment of <br />pItted after its adoption and sh <br />~ ~xcept that the payment of the <br />. property may be deferred until <br />,!he construction of irnproveml <br />1":Ch standards and criteria as.. <br />ments against the property hav <br />