City Council Resolution 2009-05CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
RESOLUTION NO. 2009-5
APPROVING SPECIAL ASSESSMENT AGREEMENT AND ADOPTING
SPECIAL ASSESSMENTS FOR CEDAR STREET IMPROVEMENTS
WHEREAS, the City has received and approved an application for rezoning, re -subdivision and
replatting for Michael Krutzig/SB22 LLC, a Minnesota Limited Liability Corporation
("Developer"), for land legally described as: JERRY HARTUNG ADDITION
WHEREAS, pursuant to authority granted it by Minnesota Statutes, 462.358, Subd. 2a (2008), the
City has conditioned its approval of the development applications for the subject property on the
construction of certain street improvements to Cedar Street ("Improvements") including the future
extension of Cedar Street by the City, and the agreement of the Developer to pay for a portion of
the costs of the Improvements, and;
WHEREAS, the City has received a Public Improvements and Special Assessment Agreement, a
copy of which is attached hereto as Exhibit "A" from the Developer for City construction of the
Improvements:
NOW THEREFORE, BE IT HEREB Y RESOL VED BY THE CITY COUNCIL OF THE CITY
OF MONTICELLO:
1. The Assessment Agreement as attached hereto is hereby approved.
2. Such proposed assessments, as amended, are hereby accepted and shall constitute the
special assessments against the lands named therein and each tract of land therein
included is hereby found to be benefited by the proposed improvements in the amount
of the assessment levied against it.
3. The first installment of the assessment for the proposed Cedar Street Improvements
shall be deferred until construction of the improvements according to terms and
provisions of the special assessment agreement.
4. Upon notification to the Developer and County of the construction of the
improvements and the amount to be assessed, the first installment of the assessment
shall be payable in the year following construction of the street extension. The
assessment shall be payable in five (5) annual installments bearing interest at a rate of
1.5% per annum over the City's bond rate in effect at the time of construction of the
improvements. Interest will commence from the date of the completion and acceptance
by the City of the improvements and notice to the Developer of the adopted or revised
assessments amounts.
5. The property owner may, within 30 days of receiving notice of the adopted or revised
assessment amounts, pay the whole of the assessment on such property to the City,
except that no interest shall be charged if the entire assessment is paid prior to
certification of the assessment. The owner may at any time thereafter pay the City the
entire amount of the assessment remaining unpaid with interest accrued to December
31 of the year in which such payment is made. Such payment must be made before
November 30 or interest will be charged through December 31, of the next succeeding
year.
6. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County
to be extended on the proper tax lists of the County and such assessments shall be
collected and paid over in the same manner as other municipal taxes.
Adopted by the Monticello City Council this 26th day of January, 2009.
Brian Stumpf, Actihk Mayor
ATTEST:
Jeff Ir eil Administrator