HomeMy WebLinkAboutOrdinance No. 1600 ORDINANCE NO. 1600
BEING AN ORDINANCE AMENDING CHAPTER 8,
SECTIONS 75 THROUGH 86
OF THE CITY CHARTER
OF THE CITY OF COLUMBIA HEIGHTS
PERTAINING TO LOCAL IMPROVEMENTS AND SPECIAL ASSESSMENTS
The City of Columbia Heights does ordain:
Section 1:Chapter 8, Sections 75 through 86 of the Charter of the City of Columbia Heights which
currently reads as follows to wit:
LOCAL IMPROVEMENTS AND SPECIAL ASSESSMENTS
Section 75. POWER TO MAKE LOCAL IMPROVEMENTS. The city of Columbia Heights
shall have the power to lay and construct, extend, relay and repair, and maintain, directly by day
labor, or by contract, pavements, curb and gutters, sidewalks, sewers, water mains, electric
conduits, and any and all other local improvements in or under the streets, alleys and public places
in the city.
Section 76. POWER TO LEVY SPECIAL ASSESSMENTS. The power of the city of
Columbia Heights, under the conditions of this charter specified, to provide by any lawful method
for the payment of the whole or any part of the cost of any local improvement by special
assessments upon the property specially benefitted thereby, shall not be denied, and the city of
Columbia heights shall possess this power as fully as any other city in the state. The amount
assessed to be property specially benefitted, to pay for such local improvements, shall not,
however, exceed the amount of the benefits received by such property.
Section 77. LOCAL IMPROVEMENTS, HOW MADE. The council shall have the power to
undertake local improvements by resolution passed by four -fifths of its members. The council
shall make such local improvements upon petition of not less than fifty percent of the resident
owners of the real estate to be assessed therefore as shown by the records in the office of the
register of deeds of Anoka County. The council may thereupon assess the cost of such
improvement, or any portion thereof, against the property specially benefitted by such
improvement.
When the council shall determine to make any improvements described in this chapter, it
shall cause an estimate of the cost of such improvement to be made by the city manager. In no
case shall the amount specially assessed for any one year exceed fifty percent of the last total full
valuation of all the real estate within the benefitted area as shown on the assessor's books by the
assessment last made.
In computing the value of the real estate, all improvements are to be excluded. In
computing the above mentioned fifty percent, outstanding and unpaid special assessments against
the property in the benefitted area shall be considered part of such fifty percent. After such
estimate is made, the council may proceed at once to assess the estimated cost thereof, against the
property to be benefitted thereby, in proportion to the benefits to result thereto. The above fifty
percent shall not be construed as limiting the council in spreading assessments on the individual
properties. In making such assessment roll, the council shall describe each parcel of land assessed
and state the amount assessed against the same, and shall state the name of the owner thereof as far
as known to the council, but any mistakes in or omission of such owners name shall in no way
affect such assessment. If the work is completed before any assessment is made or if the amount
assessed shall be insufficient to complete the work, the council, after the completion of such work,
shall make a final assessment to pay the same.
To defray the expenses of such improvement, the city may, acting through its council, by
ordinance, issue its certificates of indebtedness in such amount as may be necessary. Such
ordinance may be passed as an emergency ordinance. Such certificates of indebtedness shall be
payable in annual installments as nearly equal in amount as conveniently may be, over a period not
exceeding ten years from their date, shall bear interest at a rate not to exceed six percent per
annum, payable annually or semi - annually, which interest may be evidenced by appropriate
interest coupons and shall be in such form and denominations, all as the council shall by ordinance
determine and shall be signed by the mayor and city manager and countersigned by the city
Treasurer. Such certificates of indebtedness may be used in making payment on contracts for the
improvements for which the assessments are made or may be sold for cash for not less than par
value thereof, and the proceeds credited to the Permanent Improvement Fund and used for paying
for said improvements. Monies received from said assessments shall be used to pay said
certificates of indebtedness and if the monies received from such assessments are insufficient to
meet the payment of the principal and interest of said certificates of indebtedness, the council shall
provide monies for the payment of the same. The amount of such certificates of indebtedness at
any time outstanding shall not be included in determining the city's net indebtedness under the
provisions of this chapter. (Ordinance No. 1551, passed August 25, 2008)
Section 78. APPEAL FROM ASSESSMENT. Any party interested in any property assessed
under this chapter may appeal from such assessment to the district court of Anoka County, within
thirty days after the publication of the notice of confirmation thereof by the council. Such appeal
is hereby declared to be the exclusive way in which such assessment can be revised, modified,
amended or annulled.
Section 79. NOTICE OF APPEAL. Said appeal shall be made by filing a written notice with the
city clerk, stating the party appeals to the district court from the assessment, and containing a
description of the property of the appellant so assessed, and the objection of the appellant to the
assessment, and by filing with the clerk of the district court within ten days thereafter, a copy of
the notice of appeal. In case of an appeal, the council shall cause a copy of the assessment roll to
be made and filed with the clerk of the district court within ten days from the time of the service of
the notice of appeal. In case the return so made to the district court shall in any respect be
defective, or insufficient, the court may require a further return to be made. The cause shall be
entered by the clerk of the district court in the name of the person taking the appeal against the city
as an "Appeal from Assessments," and it may be brought on for hearing by either party, the same
as other cases of the district court.
Section 80. TRIAL OF ASSESSMENT APPEAL. Such appeal shall be tried by the district
court without a jury, at a general or special tern, without pleadings other than as above stated.
Upon such trial, the appellant can make no other objections to the assessment than those stated in
the notice of appeal, but the court may, in its discretion, permit such notice to be amended in this
respect at any time. The court shall hear such competent evidence as may be offered by either
party, and may revise, correct, amend, reduce, or confirm the assessment appeal from, or make
such new assessment so as to avoid errors complained of. The assessment roll shall, when
confirmed by the council, in all cases, whether on an appeal, or otherwise, and in all courts, be
prima facie evidence of the validity of all proceedings up to, and including the confirmation of the
assessment. Disbursements, but no statutory costs, may, in the discretion of the district court, be
allowed upon an appeal from assessments as in other civil cases, but the judgment entered
therefore against the city shall be a separate judgment and paid out of the general fund of the city.
From the determination of such appeal by the district court, either party may appeal to the supreme
court of the state. (Ordinance No. 1086, passed June 11, 1984)
Section 81. RE- ASSESSMENTS. If an assessment shall be set aside by the district court for any
cause, jurisdictional or otherwise, the council shall proceed in like manner as herein required in
relation to the first assessment; provided, however, that if the assessment as to any parcel of land
shall not be appealed from, or shall not have been set aside by the court, the council, in any
subsequent assessment or re- assessment, may omit the pieces or parcels of land as to which the first
assessment shall have been paid. As often as an assessment, or re- assessment, against a piece or
parcel of real estate, assessed for any local improvement, is set aside, the sane shall be re- assessed
until said property shall have paid its proper proportionate share of the benefits accruing from said
improvement.
Section 82. PLAN OF ASSESSMENTS. Whenever the council shall determine to make any
local improvements, the cost of which may lawfully be assessed against the benefitted property, it
shall determine and designate in a general way the character and extent of such improvement and
the materials to be used, and thereupon it shall order a careful estimate to be made by the city
manager of the cost of such improvements, together with a list of the several lots and parcels of
land fronting upon and adjacent to such proposed improvement which the city manager deems
benefited thereby, and the names of the owners of the several parcels, as nearly as can be
ascertained. After receiving such estimates the council shall determine what property will be
benefited by such local improvement, and shall thereupon publish in the manner provided by this
charter a list of all such property, with the names of the owners so far as the same can be
ascertained, or in lieu of such list, a designation of the benefited district by giving the boundaries
thereof, together with a notice of the time and place when and where all persons interested may
appear and be heard by the council with respect to benefits and to the proportion of the cost of the
improvement to be assessed against their property. If the council determines to proceed with such
improvement, it shall estimate and fix the cost thereof and shall and assess and levy such proportion
or amount of such cost upon benefited property in its proportion as it may deem the same
benefitted; and for such purpose shall adopt an assessment roll in such form as it may determine,
and fix the time when payments may be made. The lien of such assessment shall attach to all
property assessed as of date of adoption of the assessment roll by the council. (Ordinance No.
1086, passed June 11, 1984)
Section 83. PAYMENT OF ASSESSMENTS. The council may provide for payment in a lump sum
or in annual installments for a period of not over thirty years, and it shall provide for extending
payments over a period of years if so requested in the property owners' petition. All interest charges
and miscellaneous costs shall, if not previously paid, be included in the tax bill for the last installment
of such assessment. The council shall provide by ordinance a uniform rule as to the number of years
over which payments for various local improvements shall be extended. (Ordinance No. 1392, passed
June 14, 1999)
Section 84. PENALTY FOR DELINQUENCY. Each assessment or installment not paid within the
time fixed for payment by the council shall be deemed delinquent and a ten percent penalty shall be
added.
Section 85. CERTIFIED TO AUDITOR. In each year the council shall cause to be made a certified
statement of the several pieces of land against which assessments have been made and are delinquent,
describing the land affected and giving the amount of the assessment with penalties added, which
certified statement shall be filed with the county auditor of Anoka County, on or before the tenth of
October each year. It shall be the duty of the county auditor to extend assessments with penalties, as
shown by such certified statement, upon the tax rolls of the county for taxes of the particular year in
which the assessment is filed, and the same, for each year ending October 15th, shall be carried into
the tax becoming due and payable in January of the following year and shall be enforced and collected
in the manner provided for the enforcement and collection of state and county taxes under and in
accordance with the provisions of the general laws of the state, except that in court proceedings to
enforce the collection of taxes, no defense as to the validity of any such assessments shall be
permitted. Such assessments, if not paid, shall become delinquent and be subject to the same penalties
and the same rate of interest as the taxes for state and county purposes under the general laws of the
state.
Section 86. COUNTY TREASURER COLLECTOR FOR CITY. All assessments with penalties
and interest thereon paid to the county treasurer shall belong to the City of Columbia Heights, and
shall be turned over to the city treasurer in the manner provided in this charter and by law.
IS HEREWITH AMENDED TO READ AS FOLLOWS:
Section 75. POWER TO MAKE LOCAL IMPROVEMENTS. The council shall have the power
to undertake local improvements and assess the cost of such improvements or any portion thereof,
against any property specially benefitted by such improvement. Any such improvements and any
assessments thereunder, shall be in accordance with the general laws of the State of Minnesota.
(Section 76 through Section 86 deleted.)
Section 2: This Ordinance shall be in full force and effect from and after ninety (90) days after its passage.
First Reading: May 9, 2011
Second Reading: June 13, 2011
Date of Passage: June 13, 2011
Offered by: Williams
Seconded by: Schmitt
Roll Call: Ayes: Peterson, Williams, Nawrocki, Diehm, Schmitt
ayor G. y L. Peterson
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atricia Muscovit CMC
City Clerk