WHEREAS, the City Clerk-Administrator, with the assistance of the City consulting engineer, has prepared an assessment roll for the said improvements, and said proposed assessment roll is on file with the City Clerk-Administrator and open to public inspection;

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Ortonville, Minnesota, as follows:

1.  The Clerk-Administrator shall publish notice that this Council will meet to consider the proposed assessments on April 4, 2005, at 7:00 o'clock P.M. in the Dialysis Building of said City of Ortonville, Minnesota.  The published notice shall be in substantially the form set forth on Exhibit A attached hereto.

2.  A copy of the notice in substantially the form set forth in Exhibit B attached hereto shall be mailed to the owners of each parcel of property described in the assessment roll. 

3.  Said notice attached as Exhibit A hereto shall be published by the City Clerk-Administrator in the official newspaper at least two weeks prior to the hearing and the notice attached hereto as Exhibit B shall be mailed by the Clerk-Administrator to the owners of each parcel described in the assessment roll.

4.  If the adopted assessment differs from the proposed assessment as to any particular lot, piece or parcel of land, the Clerk-Administrator shall mail to the owner a notice stating the amount of the adopted assessment.  Owners must also be notified by mail of any changes adopted by the Council in interest rates or prepayment requirements from those contained in the mailed notice of the proposed assessment.

The motion for the adoption of the foregoing reso­lution was duly seconded by Member Berkner and upon a vote being taken thereon, the following voted in favor there­of: Berkner, Reinke, Sellin, Oakes, Dinnel and the following voted against the same: Arndt.

Whereupon said resolution was declared duly passed and adopted.

APPROVED:

                                                                                    _______________________

                                                                                    David Dinnel

Mayor

ATTEST:

______________________________

Charleen K. Grossman

City Clerk/Administrator

                                                                     EXHIBIT A

                                         NOTICE OF HEARING ON ASSESSMENTS

                         FOR CITY OF ORTONVILLE 2004 HILLTOP SEWER PROJECT

TO WHOM IT MAY CONCERN:

TIME AND PLACE                                        Notice is hereby given that the

GENERAL NATURE OF                                City Council of the City of

IMPROVEMENTS:                                         Ortonville, Minnesota, will meet in the Dialysis  Building in the City of Ortonville, Minnesota, on the 4th day of April, 2005 at  7:00 o'clock P.M. to consider objections to the proposed assessments for 2004 Hilltop Sewer Project heretofore ordered by the City Council.

ASSESSMENT ROLL                                    The proposed assessment roll is

OPEN TO INSPECTION:                              on file with the City Clerk-Administrator and open to public inspection.

AREA PROPOSED                                         The area proposed to be assessed

TO BE ASSESSED:                                        consists of every lot, piece or parcel of land benefited by said improvement, which has been ordered made and is as follows:

                                                                        Lots 10 & 11, Bunduck’s Addition; Lots 1-6, Block 2, Hilltop Addition; Lots 1 and 5-8, Block 3, Hilltop Addition; Lots 5-8, Block 4, Hilltop Addition; Lots 1 and 4-8, Block 6, Hilltop Addition; Lots 1-5, Block 7, Hilltop Addition; Lots 1-4, Block 8, Hilltop Addition; and Lots 16-19, Block 10, Hilltop Addition; in the City of Ortonville, Minnesota.

TOTAL AMOUNT                                         The total amount proposed to be

OF PROPOSED                                              assessed is $72,421.09.

ASSESSMENT:                                                         

WRITTEN OR ORAL                         Written or oral objections will be

OBJECTIONS:                                                considered at the hearing.

RIGHT OF APPEAL:                                      An owner of property to be assessed may appeal the assessment to the District Court of Big Stone pursuant to Minnesota Statutes, Section 429.081 by serving notice of the appeal upon the Mayor or Clerk-Administrator 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-Administrator.

LIMITATION ON                                          No appeal may be taken as to the

APPEAL:                                                         amount of any assessment adopted by the City Council unless a written objection signed by the affected property owner is filed with the Clerk-Administrator prior to the assessment hearing or presented to the presiding officer at the hearing.  All objections to the assessments not received at the assessment hearing in the manner prescribed by Minnesota Statutes, Section 429.061 are waived, unless the failure to object to the assessment hearing is due to a reasonable cause.

DEFERMENT OF                                           Under the provisions of Minnesota

ASSESSMENTS:                                            Statutes, Sections 435.193 to 435.195, the City may, at its discretion, defer the payment of assessments.  All assessments shall be deferred until the lots in question are improved or development occurs on said lots.  The Council has found that because the property has not been developed and generates no income, the collection of the assessments would constitute a hardship.

BY ORDER OF THE CITY COUNCIL

/s/ Charleen K. Grossman

City Clerk-Administrator

EXHIBIT B

                                         NOTICE OF HEARING ON ASSESSMENTS

                         FOR CITY OF ORTONVILLE 2004 HILLTOP SEWER PROJECT

TO:[Specify owner,

address and

parcels]

TIME AND PLACE                                        Notice is hereby given that the

GENERAL NATURE OF                                City Council of the City of Ortonville,

IMPROVEMENTS:                                         Minnesota, will meet in the Dialysis Building in the City of Ortonville, Minnesota, on the 4th day of April, 2005, at 7:00 o'clock P.M. to consider objections to the proposed assessments for 2004 Hilltop Sewer Project heretofore ordered by the City Council.

ASSESSMENT ROLL                                    The proposed assessment roll is on file with

OPEN TO INSPECTION:                              City Clerk-Administrator and open to public inspection.

AREA PROPOSED                                         The area proposed to be assessed consists of

TO BE ASSESSED:                                        every lot, piece or parcel of land benefited by said improvement, which has been ordered made and is as follows:

                                                                        Lots 10 & 11, Bunduck’s Addition; Lots 1-6, Block 2, Hilltop Addition; Lots 1 and 5-8, Block 3, Hilltop Addition; Lots 5-8, Block 4, Hilltop Addition; Lots 1 and 4-8, Block 6, Hilltop Addition; Lots 1-5, Block 7, Hilltop Addition; Lots 1-4, Block 8, Hilltop Addition; and Lots 16-19, Block 10, Hilltop Addition;

                                                                        in the City of Ortonville, Minnesota.

TOTAL AMOUNT OF                                   The total amount proposed to be

PROPOSED ASSESS-                                   assessed is $72,421.09.

MENT:                                                                       

WRITTEN OR ORAL                         Written or oral objections will be

OBJECTIONS:                                                considered at the hearing.

RIGHT OF APPEAL:                                      An owner of property to be assessed may appeal the assessment to the District Court of Big Stone County pursuant to Minnesota Statutes, Section 429.081 by serving notice of the appeal upon the Mayor or Clerk-Administrator 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-Administrator.

LIMITATION ON                                          No appeal may be taken as to the amount of any

APPEAL:                                                         assessment adopted by the City Council unless a written objection signed by the affected property owner is filed with the Clerk-Administrator prior to the assessment hearing or presented to the presiding officer at the hearing.  All objections to the assessments not received at the assessment hearing in the manner prescribed by Minnesota Statutes, Section 429.061 are waived, unless the failure to object to the assessment hearing is due to a reasonable cause.

DEFERMENT OF                                           Under the provisions of Minnesota

ASSESSMENTS:                                            Statutes, Sections 435.193 to 435.195, the City may, at its discretion, defer the payment of assessments.  All assessments shall be deferred until the lots in question are improved or development occurs on said lots.  The Council has found that because the property has not been developed and generates no income, the collection of the assessments would constitute a hardship.

SPECIFIC AMOUNT TO                               The amount to be specifically

BE ASSESSED:                                               assessed against your particular lot, piece of parcel of land is $________________.

PREPAYMENT:                                              You may prepay the entire assessment to the Treasurer of the City until the assessment roll is certified to the County Auditor; after certification to the County Auditor, prepayments of the entire amount remaining due may be made to the Treasurer at any time prior to November 15 of any year.

NO PARTIAL                                                 The City Council has

PREPAYMENT                                              authorized the partial prepayment of assessments prior to certification of the assessment or the first installment thereof to the County Auditor.

PREPAYMENT WITHOUT                           No interest shall be charged

INTEREST, OR WITH                                    if the entire assessment is paid

INTEREST TO END OF                                 within 30 days from the adoption of

YEAR:                                                             the assessment roll.  At any time prior to November 15 of any year, the owner may prepay to the Treasurer the whole assessment remaining due with interest accrued to December 31 of the year in which the prepayment is made.

INTEREST RATE:                                           If the assessment is not prepaid within 30 days from the adoption of the assessment roll, interest will accrue on the assessment at the rate of 7%.  Interest accrues from the date to be specified in the resolution levying the assessment, but not earlier than the date of such resolution.

DATED:             March 4, 2005.

BY ORDER OF THE CITY COUNCIL

/s/ Charleen K. Grossman                                

                                                            City Clerk-Administrator

ADJOURNMENT:

There being no further business to come before the Council, Berkner moved and Reinke seconded and the motion passed unanimously for the adjournment of the meeting and with no objections thereto, Dinnel adjourned the February 28, 2005 meeting of the Ortonville City Council at 8.45 A.M.

_________________________________

Charleen K. Grossman, City Clerk-Administrator