Notice is hereby given that the Swanville City Council will meet at 6:30 p.m. on Tuesday, October 8, 2013 at Swanville City Hall to consider, and possibly adopt, the proposed assessment against abutting property for the construction of varying levels of water distribution and street improvements to:
Rhoda Avenue from 1st Street (Co. Rd. 12) to 6th Street
5th Street from Rhoda Avenue to Berkey Avenue
3rd Street from Berkey Avenue to Water Tower
Adoption by the Council of the proposed assessment may occur at the hearing.
The amount to be specially assessed against particular lots, pieces, or parcels of land is on file with the City Clerk. Such assessment is proposed to be payable in equal annual installments extending over a period of 20 years, the first of the installments to be payable on or before the first Monday in January 2014, and will bear interest at the rate of 2 1/2 percent per annum from the date of the adoption of the assessment resolution. To the first installment shall be added interest on the entire assessment from the date of the assessment resolution until December 31, 2013. To each subsequent installment when due shall be added interest for one year on all unpaid installments.
You may at any time prior to certification of the assessment to the County Auditor, pay the entire assessment on such property, with interest accrued to the date of payment, to the City. No interest shall be charged if the entire assessment is paid within 30 days from the adoption of this assessment. You may at any time thereafter, pay to the County 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. If you decide not to prepay the assessment before the date given above, the rate of interest that will apply is 2 1/2 percent per year. The right to partially prepay the assessment is not available.
The proposed assessment roll is on file for public inspection at the Swanville City Clerks office. The estimated total amount of the proposed assessment is $200,000.00. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount of an assessment unless a written objection signed by the affected property owner is filed with the City Clerk prior to the assessment 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 be 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. This 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 Citys witnesses will be followed with the objectors 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 (video-taped).
6. At the close of the presentation of evidence, the objector may make a final presentation to the Council based on the evidence and the law. No new evidence may be presented at this point.
7. The Council may adopt the proposed assessment at the hearing.
Any owner may appeal an assessment to the District Court of Morrison County pursuant to Minn. Stat. 429.081 by serving notice of the appeal upon the Mayor or City Clerk of Swanville 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 City Clerk.
Julie Hollerman, City Clerk

PUBLISH: September 15, 2013 (23796)

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