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The City accepts the Second Petition as filed by the Property Owners, which waives all <br />hearing rights, and finds that the Second Petition represents all Properties within the <br />Rolling Hills subdivision. <br />2. The City shall undertake to Decommission of the Existing Rolling Hills SSSTS and <br />Construct the Connection of the Rolling Hills Subdivision to the City of Elk River <br />Sanitary Sewer System ("Project"). <br />3. City is staff is directed to perform title work on all Properties in the Second Petition, <br />which is an administrative cost of the Project. <br />4. Bolton & Menk, Inc. is hereby designated as the engineer for the Project, and Northdale <br />Construction Company is the Contractor for the Project. <br />5. The not -to -exceed special assessment amount for design through bidding that was <br />previously approved by Resolution 23-04, is hereby incorporated with a definite amount <br />into the total project cost to be assessed under this Resolution. <br />6. Pursuant to the First and Second Petitions, the City shall levy a special assessment <br />against each Property in the Subdivision as pursuant to Minnesota Statutes, <br />Section 429.031, subd. 3, in the amount of the total cost of the Project (including all City <br />administrative and other costs attributable to the Project, but subtracting a State Grant in <br />the amount of $1,100,000.00) in equal amounts to each of the 28 lots in the Subdivision, <br />for a total amount not to exceed $2,311,051.69, which shall be $44.037.56 for each of the <br />28 lots, as shown on the attached Exhibit A ("Assessment Roll") <br />The Assessment roll is hereby adopted and shall constitute the special assessment against <br />the lands named therein, and each and every tract of land therein included is hereby <br />found to be benefited by the proposed improvement and the amount of the assessment <br />levied against it. <br />S. Such assessment shall be payable in equal annual installments extending over a period of <br />20 years, the first of the installments to be payable on or before the first Monday in <br />January (year) and shall bear interest at the rate of 5.3 percent per annum from the date <br />of the adoption of this assessment resolution. To the first installment shall be added <br />interest on the entire assessment from the date of this resolution until December 31, <br />(year). To each subsequent installment, when due, shall be added interest for one year on <br />all unpaid installments. <br />9. The owner of any property so assessed may, at any time prior to certificate of the <br />assessment to the county auditor, pay the whole of the assessment on such property, <br />with interest accrued to the date of payment, to the city treasurer, except that no interest <br />shall be charged if the entire assessment is paid within 30 days from the adoption of this <br />resolution; and he/she may, at any time thereafter, pay to the city treasurer the entire <br />amount of the assessment remaining unpaid, with interest accrued to December 31 of <br />the year in which such payment is made. Such payment must be made before November <br />15 or interest will be charged through December 31 of the next succeeding year. <br />226789v2 <br />