HomeMy WebLinkAbout2020-087 (Deferral of Special Assessments for Senior Citizens, Disabled, or Military Persons)RESOLUTION NO. 2020-087
CITY OF STILLWATER
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION AUTHORIZING DEFERRAL OF SPECIAL ASSESSMENTS FOR SENIOR
CITIZENS, DISABLED, OR MILITARY PERSONS
WHEREAS, by Minnesota Statutes, Sections 435.193 through 435.195, the City is
authorized and empowered, in its discretion, to defer payment of special assessments
against homesteaded property owned by certain persons who are elderly, disabled or in the
military reserves ordered into active military service and for whom it would be a hardship
to make such assessment payments until a particular event occurs; and
WHEREAS, the City Council deems it desirable and in the best interests of the City
and its citizens to implement such authority and power by establishing standards, guidelines
and procedures for the granting and processing of such deferments.
NOW, THEREFORE, be it resolved that the City Council does hereby adopt the
following standards, guidelines and procedures as established herein:
ELIGIBILITY STANDARDS
1. The applicant must be one of the following:
A. 65 years of age or older;
B. Retired by virtue of a permanent and total disability;
C. 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 section 190.05,
subdivision 5b or 5c, as stated in the person's military orders;
AND
2. The applicant must be a person for whom it would be a hardship to make the
payments; and
3. The property for which deferment is requested must be classified and taxed as
homestead property by the City Assessor as of the date the application for deferment
is made; and
4. The first year's installment of the proposed special assessment must, either alone or
in the aggregate with installments of other special assessments due against the
property and payable in the first year of the proposed assessment, total more than
one percent (1%) of the applicant's Adjusted Gross Income (AGI).
INTEREST RATE
Any special assessment deferred pursuant to this policy shall bear interest at the prevailing
interest rate applicable at the time the assessment was originally levied.
TERMINATION
The option to defer the payment of special assessments shall terminate and all amounts
accumulated plus applicable interest, shall become due upon the occurrence of any of the
following events:
1. The death of the property owner, provided that the surviving spouse is otherwise not
eligible for the benefits hereunder;
2. The property is sold, transferred, subdivided, or in any way conveyed to another by
the fee owner qualified for deferred status;
3. The property loses its homestead status for any reason; or
4. The City Council determines that there would be no hardship to require an immediate
or partial payment of the deferred special assessment.
PROCEDURES
1. The applicant for deferment must file a completed application and affidavit with the
City Clerk on or before November 15th of the year preceding the year for which
deferral status is requested in order to implement the deferral for said year.
2. The City Clerk shall transmit all deferments granted pursuant to the policy to the
Washington County Auditor for recording with the Office of the County Recorder,
Washington County, Minnesota, so as to give notice of such deferment to all future
owners and encumbrancers of the property for which a deferment has been granted.
AND BE IT FURTHER RESOLVED, that the City Council shall not be prohibited from
determining that a hardship exists, and that a deferment should be granted on the above
terms and conditions, even if the eligibility requirements are not met by an applicant,
provided that the Council find that:
1. There are exceptional and unusual circumstances not covered by the foregoing
standards and guidelines; and
2. If granted the deferment will have been made in a non-discriminatory manner; and
3. The granting of the deferment will not give the applicant an unreasonable preference
over other applicants.
Adopted by the City Council of the City of Stillwater, Minnesota this 15th day of Setember,
2020.
ATTEST:
Beth Wolf, City Cler
Ted Kozlowski, Mayor
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