NOTICE OF HEARING ON PROPOSED ASSESSMENTNOTICE IS HEREBY GIVEN that the City Council will meet at 5:00 p.m. on Tuesday, September 26, 2006, to consider, and possibly adopt, the proposed assessment for the blacktop overlay surfacing improvement of the alley located between the north line of Adam Street and the south line of Barck Avenue (lying between McKenzie and Spring Streets) of Block Eight of the Barck, Adams & Howe Addition. Adoption by the City Council of the proposed assessment against abutting property may occur on September 26, 2006, following the hearing. Such assessment is proposed to be payable in equal annual installments extending over a period of five (5) years, the first of the installments to be payable on or before the first Monday in January, 2007, and will bear interest at the rate of six (6) 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, 2007. 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 Rock County Auditor-Treasurer, pay the entire assessment on such property with interest accrued to the date of payment to the City of Luverne. No interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this assessment. You may at any time thereafter pay to the Rock County Auditor-Treasurer 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 six (6) percent per year. The right to partially prepay the assessment according to city ordinance is available. The proposed assessment roll is on file for public inspection in the City Clerk’s office. The total amount of the proposed assessment is $14,326.27. 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 municipal clerk prior to the assessment hearing or presented to the presiding officer at the hearing. The City 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 City’s witnesses will be followed with the objector’s 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 City Council as to the weight of items of evidence or testimony presented to the council.(5) The entire proceeds will be tape-recorded. (6) At the close of presentation of evidence, the objector may make a final presentation to the City Council based on the evidence and the law. No new evidence may be presented at this point.(7) The City Council may adopt the proposed assessment at the hearing.An owner may appeal an assessment to District Court pursuant to Minnesota Statutes Chapter 429.081 by serving notice of the appeal upon the Mayor or City Administrator within thirty (30) days after the adoption of the assessment and filing such notice with the District Court within ten (10) days after service upon the Mayor or City Administrator. Under Minnesota Statutes Chapters 435.193 to 435.195, the City Council may, in its discretion, defer the payment of this special assessment for any homestead property owned by a person 65 years of age or older for whom it would be a hardship to make the payments. When deferment of the special assessment has been granted and is terminated for any reason provided in that law, all amounts accumulated plus applicable interest become due. Any assessed property owner meeting the requirements of this law and the local improvement policy ordinance may, within 30 days of the confirmation of the assessment, apply at the City Clerk’s office for the prescribed form for such deferral or payment of this special assessment on his/her property.John M. Call, City Administrator(8-31)