Notice Of Hearing On Proposed Assessment

City of Ely <BR><BR>State of Minnesota <BR><BR>Notice Of Hearing On <BR><BR>Proposed Assessment<BR><BR>TO WHOM IT MAY CONCERN:<BR><BR>Notice is hereby given that the Council will meet at 6:00 P.M. on Tuesday, May 1, 2007, at the Council Chambers, Ely City Hall, 209 East Chapman Street, Ely, Minnesota, to consider, and possibly adopt, the proposed assessment for the utility repairs to Lots Twenty Five (25) and Twenty Six (26), Block Ten (10), Pioneer And Zenith Addition to Ely, according to the Plat thereof. Adoption by the Council of the proposed assessment may occur at the hearing. The following area proposed to be assessed:<BR><BR>Lots Twenty Five (25) and Twenty Six (26), Block Ten (10), Pioneer and Zenith Addition To Ely according to the Plat thereof.<BR><BR>The amount to be specifically assessed against your particular lot, piece, or parcel of lands, is shown on the attached Proposed Assessment Roll. Such assessment is proposed to be payable in one installment to be payable on or before the first Monday in January, 2008, and will bear interest at the rate of five (5%) percent per annum from the date of the adoption of the assessment resolution. To the installment shall be added interest on the entire assessment from the date of assessment resolution until December 31, 2007.<BR><BR>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 of Ely Clerk-Treasurer. 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 City of Ely Clerk-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 five (5%) percent per year. The right to partially prepay the assessment according to City Code is available.<BR><BR>The proposed assessment roll is on file for public inspection at the City Clerk-Treasurer/Administrator's Office. The total amount of the proposed assessment is $2,310.77. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount of an assessment unless a signed, written objection is filed with the Clerk prior to the 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.<BR><BR>If an assessment is contested or there is an adjourned hearing, the following procedure will be followed:<BR><BR>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. The procedure will be repeated with each witness until neither side has further questions.<BR><BR>2. After the city has presented all of 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.<BR><BR>3. The objector may be represented by counsel. <BR><BR>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.<BR><BR>5. The entire proceedings will be tape-recorded ( video-taped).<BR><BR>6. At the close of 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.<BR><BR>7. The Council may adopt the proposed assessment at the hearing.<BR><BR>An owner may appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City 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 Clerk.<BR><BR>April 17, 2007 Ely C. Butler, Clerk-Treasurer/<BR><BR> Administrator<BR><BR> City of Ely<BR><BR>Ely Echo 4/21 & 28/2007