HomeMy WebLinkAboutResolution No. 141-10 •
RESOLUTION
WHEREAS, Minnesota Statutes Sections 435.193 through 435.195 authorize a city to
adopt standards so as to allow the deferment of the payment of assessments for any homestead
property owned by a person 65 years of age or older or retired by virtue of a permanent and total
disability for whom it would be a hardship to make the payments; or owned by a person who is a
member of the Minnesota National Guard or other military reserves who is ordered into active
military service, as defined in Minn. Stat. §190.05, subdivision 5b or 5c, as stated in the person's
military orders, for whom it would be a hardship to make the payments; and,
WHEREAS, the City of Rochester wishes to avail itself to the process of deferred
assessments; and,
WHEREAS, the City of Rochester desires to establish the standards and guidelines for
determining the existence of a hardship and for determining the existence of a disability.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Rochester that, pursuant to Minnesota Statutes Sections 435.193 through 435.195, the City
•does hereby establish a policy for the deferment of the payment of assessments for any
homestead property owned by a person 65 years of age or older or retired by virtue of a
permanent and total disability for whom it would.be a hardship to make the payments; or owned
by a person who is a member of the Minnesota National Guard or other military reserves who is
ordered into active military service, as defined in Minn. Stat. §190.05, subdivision 5b or 5c, as
stated in the person's military orders, for whom it would be a hardship to make the payments.
BE IT FURTHER RESOLVED by the Council that the following standards and
guidelines are established in implementing the deferment policy:
1. The income threshold for eligibility of those applicants 65 years of age and older
or disabled be established by the most recent HUD "Very Low Income"
standards for Rochester, Minnesota . Income eligibility would be determined by
the submittal of the most recent federal tax filing form.
2. Eligibility for a permanent or totally disabled status shall be determined by a
statement by a medical doctor attesting to that fact or by submittal of a copy of a
social security disability certification.
3. Interest, in the amount assessed against other properties in the assessment
project, be charged against the outstanding deferred assessment amount until
• the assessment is paid.
4. The deferral of assessments can only apply to an individual's homestead
• property, and only upon those properties in good standing with the City, upon
which there are no outstanding building or zoning code violations.
5. The deferment is terminated and all accumulated amounts, plus interest,
become payable upon any of the following:
A. The death of the owner (if a surviving spouse is not eligible for the
deferment).
B. The sale, transfer or subdivision of any part of the property.
C. The loss of homestead status of the property.
D. A determination by the Common Council that requiring immediate or
partial payment would no longer impose a hardship.
E. For those special assessment deferrals based upon active military
deployment, the deferment shall be terminated after a period of no more
than three (3) years from the start of active military duty, except in cases
where the Council determines that extended active deployments or other
unique circumstances impose a hardship, in which case the Council may
• extend the deferment termination date until such time it determines a
hardship no longer exists.
BE IT FURTHER RESOLVED by the Council that Resolutions # 205-05 and #268-06 are
hereby rescinded and no longer in effect.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS /J, / DAY-,OF ,g!9Z1W ,; , 2010.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: / fl
ITY CLERK
APPROVED THIS Zbr,l DAY OF 12010.
MAYOR OF SAID CITY
• (Seal of the City of
Rochester, Minnesota)
ReS10\Resolu.DefAssess