Assessment Hearing: Project Z82

Assessment Hearing: Project Z82


Notice is hereby given that the City Council will meet on Tuesday, February 8, 2022 at 5:30 pm in the Council Chambers of City Hall located at 344 West Main Street in Marshall, Minnesota, to consider, and possibly adopt, the proposed assessments for the following improvements at the following locations:

Project Z82:  North 1st Street / West Redwood Street / West Marshall Street Reconstruction Project - This project consisted of: reconstruction and utility replacement on North 1st Street from East Main Street to West Marshall Street, on West Redwood Street from East College Drive to North 1st Street, and on West Marshall Street from East College Drive to North 1st Street; sanitary sewer, watermain, and storm sewer replacement. This project also included new curb & gutter, new 5-ft. sidewalk on both sides of the streets, driveway aprons, water services, and sewer services to the right‑of‑way. 

The total estimated project cost is $1,226,760, with a proposed estimated assessment to benefitting property owners in the amount of $278,455.  The interest rate shall be two and eight-tenths percent (2.8%) per annum.

Such assessments are proposed to be payable in equal annual principal installments extending over a period of eight (8) years with and shall bear interest at the rate two and eight-tenths percent (2.8%) per annum, the first of the installments to be payable on or before the first Monday in January, 2023, and shall bear interest at the rate shown above per annum from October 15, 2022. To the first installment shall be added interest on the entire assessment from October 15, 2022 through December 31, 2023. To each subsequent installment when due shall be added interest for one year on all unpaid installments.

Property owners may at any time prior to certification of the assessment to the County Auditor, pay the entire assessment on such property, with interest accrued from October 14, 2022 to the date of payment, to the City Finance Director. No interest shall be charged if the entire assessment is paid by October 15, 2022. In all succeeding years, you may pay to the City Finance Director the entire amount of the assessment remaining unpaid before October 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 will be as shown above per year. The right to partially prepay the assessment to the City Finance Director according to Ordinance No. 364, Second Series, is available.

The proposed assessment roll is on file for public inspection at the City Clerk's office.

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 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.

Under Minn. Stat. §§ 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, one retired by virtue of a permanent and total disability, or a member of the National Guard or other reserves ordered to active military service 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 may, within 30 days of the confirmation of the assessment, apply to the City Clerk for the prescribed form for such deferral of payment of this special assessment on his/her property.

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 council as to the weight of items of evidence or testimony presented to the council.
  5. The entire proceedings will be video- and audio-recorded.
  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.
  7. The council may adopt the proposed assessment at the hearing and will prepare written findings concerning the amount of the assessment.

An owner my 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 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 Clerk.


Dated this 21st day of January, 2022

Kyle Box

City Clerk