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Member Smith introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO.99-47
RESOLUTION REGARDING CERTAIN SPECIAL
ASSESSMENT LEVIES
WHEREAS, the city of Medina (the "City") previously constructed sanitary sewer and
water improvement projects (the "Improvement Projects") in the vicinity of T.H. 55 and Co. Rd.
116 for the benefit of property legally described on Exhibit A attached hereto and which was
previously owned by Wally Doerr (the "Subject Property"); and
WHEREAS, in order to recover its costs for the Improvement Projects, the City assessed
special assessments through levy numbers 12981, 13029, 13304, 13305 and 13642 (collectively, the
"Previous Assessments"); and
WHEREAS, payment of principal of the Previous Assessments was deferred pursuant to an
agreement between the City and the previous property owner; and
WHEREAS, the Subject Property was recently purchased by Rolling Green Business Park
LLC (the "Owner"), which requested that the City remove the Previous Assessments and relevy the
Special Assessments in an amount equal to the unpaid principal and accrued interest on the
Previous Assessments; and
WHEREAS, the City has agreed to do so in return for the Owner entering into a petition
and waiver agreement with the City to assure the collection by the City of the Special Assessments.
NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina,
Minnesota, as follows:
1. The city clerk -treasurer is hereby authorized and directed to remove the levy of the
Previous Assessments as they pertain to the Subject Property;
RHB-165374 99-47
ME230-299 07-06-66
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2. The city clerk -treasurer is hereby authorized and directed to levy a new Special
Assessments through levy numbers 14572 and 14573 in the total principal amount of $224,748.48
for a period of nine years with interest at a rate of eight percent (8%) per annum;
3. The city clerk -treasurer is hereby authorized and directed to levy new Special
Assessment through levy number 14574 in the principal amount of $46,800 for a period of eight
years at a rate of eight percent (8%) per annum;
4. The city clerk -treasurer is hereby authorized and directed to take any and all steps
which are necessary or convenient in order to accomplish the purposes of this resolution; and
5. Notwithstanding anything else herein to the contrary, the city clerk -treasurer is
authorized to take the actions to remove the described special assessments only upon receipt of a
petition and waiver agreement executed by the Owner which is satisfactory in form and substance
to the city attorney.
Dated: July 6,1999.
ATT
Paul 1Zoo inson, Clerk -Treasurer
The motion for the adoption of the foregoing resolution was duly seconded by member Zietlow and
upon vote being taken thereon, the following voted in favor thereof:
Ferris, Hamilton, Johnson, Smith, and Zietlow
and the following voted against same: None
Whereupon said resolution was declared duly passed and adopted.
RHB-165374
ME230-299
99-47
07-06-66