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07-19CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2007-19 RESOLUTION ADOPTING ASSESSMENT FOR SANITARY SEWER AND WATERMAIN IMPROVEMENTS TO OTSEGO 1-94 WEST INDUSTRIAL PARK IN THE CITY OF OTSEGO WHEREAS, pursuant to the petition and signed Agreements and Waivers of all affected property owners the Otsego City Council ordered and completed all improvements as set forth above within the Otsego 1-94 West Industrial Park; and WHEREAS, the affected property owners have waived a public hearing, any irregularity in the proceedings and have waived any objections to the proposed assessment for the improvements on the property known as Otsego 1-94 West Industrial Park 1St through 4th Additions located in the City of Otsego; and WHEREAS, the various Agreements with the property owners call for immediate assessment of some properties and that the assessment against other properties be deferred until development of the property or three years, which ever occurs first. NOW THEREFORE, the City Council of the City of Otsego, Wright County, Minnesota, hereby resolves: Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the improvement in an amount greater than the assessment levied against it. 2. Such assessment shall be payable in equal installments extending over a period of 10 years, the first of the installments to be payable on or before the first Monday in January 2008, and shall bear interest at the rate of five and one half percent (5.5 %) per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire CADocuments and Settings\Judy\l.ocal Settings\Temporary Interrtt Fi1es\Content.1E5\HRBXBI3C\I-94 Industrial Park- adoptassessment.doc assessment from the date of this resolution until December 31, 2007. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. Those assessments shown upon the assessment roll as being deferred for a period of time shall not be due and payable until such time as the assessment is activated either by development of the property or upon the agreed upon number of years at which time the assessment shall be added to the assessment roll for the following year. Notice shall be provided by the City to the County Auditor of these proposed assessments. 4. The Owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City of Otsego, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution. The property owner may at any time thereafter, pay to the City of Otsego 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 15 or interest will be charged through December 31 of the succeeding year. 5. The Otsego City Clerk shall forthwith transmit a certified duplicate of this assessment and a notice of deferred assessments the Wright County Auditor to be extended on the property tax lists of the County. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Motion for adoption of the resolution by CM Vern Heidner Seconded by Mayor Larry Fournier at the meeting of the Otsego City Council on the26 day of March 2007. IN FAVOR: Mayor Fournier; Councilmembers: Heidner, Stockamp, Thorsted and Darkenwald OPPOSED: NONE C�uhl Hudson, Clerk CADocuments and Settings\Judy\l_ocal Settings\Temporary Interr adoptassessment.doc CITY OF OSTEGO