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Res 2005-115 Ordering Improvements Fischerville Coffee HouseCity of Mendota Heights Dakota County, Minnesota RESOLUTION NO. 05 -115 RESOLUTION ORDERING IMPROVEMENT AND ADOPTING AND CONFIRMING ASSESSMENTS FOR FIRE PROTECTION IMPROVEMENTS TO SERVE FISCHERVILLE COFFEE HOUSE WHEREAS, the City Clerk has calculated the proper amount to be specially assessed for the costs incurred to date with respect to fire protection improvements to serve Fischerville Coffee House; and WHEREAS, the proposed assessment roll has been on file with the Clerk and at all times since its filing has been open for public inspection; and notice thereof has been duly published and mailed as required by law. Said notice stated the date, time and place of such meeting; the general nature of the improvement; the area proposed to be assessed; that the proposed assessment roll has been on file with the Clerk; and that written or oral objections thereto by any properly owner would be considered; and WHEREAS, Mike and Kathy Doyle of CNS Properties LLC, the owners of Fischerville Coffee House have signed a waiver of assessment hearing and waiver of appeal. NOW THEREFORE, this Council, being fully advised in the premises, and having made all necessary adjustments and corrections, finds that each of the lots, pieces and parcels of land enumerated in the proposed assessment roll was and is specially benefited by the construction of said improvements in not less than the amount of the assessment, as corrected, set opposite the description of each such lot, piece and parcel of land, respectively, and that such amount so set out is hereby levied against each of the respective lots, pieces and parcels of land therein described; and BE IT FURTHER RESOLVED, that the proposed assessment roll as so corrected is hereby adopted and confirmed as the proper special assessment for each of said lots, pieces and parcels of land respectively, and the assessment against each parcel, with the interest at the rate of six percent (6 %) per annum accruing on the full amount thereof from time to time unpaid, shall be a lien concurrent with general taxes upon such parcel and all thereof. The total amount of each such assessment as fire protection improvements shall be payable in equal amounts extending over a period of ten (10) years; the first of said installments, together with interest on the entire assessment. The first year interest shall commence January 1, 2006 and interest for the first year shall be from January 1, 2006 to December 31, 2006, to be payable with general taxes for the year 2006, collectible in 2007 (now designated as real estate taxes payable in 2007), and one of each of the remaining installments, together with one year's interest on that and all other unpaid installments, to be payable with general taxes for each consecutive year thereafter until the entire assessment is paid. NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights, Minnesota as follows: 1. That prior to January 2006, the owner of any lot, piece or parcel of land assessed hereby may at any time pay the whole of such assessment, without interest to the City Treasurer, 2. That the Clerk shall prepare and transmit to the County Auditor a certified duplicate of said assessment roll with each then unpaid installment and interest set forth separately, to be extended upon the proper tax lists of the County, and the County Auditor shall thereafter collect said assessments in the manner provided by law. 3. That said improvements shall hereafter be known and designated as Fischerville Coffee House Fire Protection Improvements. Adopted by the City Council of the City of Mendota Heights this 6 t day of December, 2005. CITY COUNCIL CITY OF MENDOTA HEIGHTS By n b , Mayor ATTEST: K thleen M. Swanson, City Clerk