Agenda Packet Cc - regular meeting 8/28/1989

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The proposed assessment roll is on file for public inspection at the City Clerk's office. The total amount of the proposed assessment is $49,814.19. Written and oral objections will be considered at the meeting. No appeal may be taken as to the amount of an assessment unless a signed, written objection is filed with the clerk prior to the hearing or presented to the presiding officer at the hearing. The 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 to 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. The 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 council as to the weight of items of evidence or testimony presented to the council. 5. The entire proceedings will be tape-recorded. 6. At the close of presentation of evidence, the ob `^* may make a final presentation to the council b; `•e evidence and the law. No new evidence may be pr,,? -'-+ at this point. An owner may 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 council may, in its discretion, defer the payment of this special assessment for any homestead property owner by a person 65 years of age or older for whom it would be a hardship to make the payments. When deferement of the special assessment has been granted and is terminated for any reason provided in that law, all amounts come 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. /s/ Dorothy M. Hallin City Clerk