HomeMy WebLinkAbout5419 - ADMIN Resolution - City Council - 1975/11/17November 17, 1975
RESOLUTION NO. 5419
RESOLUTION ADJUSTING SPECIAL ASSESSMENTS IN
IMPROVEMENT NO. 62-27 FOR PAVING OF LOUISIANA
AVENUE FROM EXCELSIOR BOULEVARD TO OXFORD
STREET.
WIIEREAS, the City Council has heretofore adopted Resolu-
tion No. 4929 on October, 1973, levying an assessment for paving
Louisiana Avenue from Excelsior Boulevard to Oxford Street (Improve-
ment No. 62-27).
WHEREAS, said resolution included assessments against the
following parcels:
Plat
50790
50948
Parcel
0255
3200
Amount of Assessment
$ 36,921.26
$ 4,893.31
WHEREAS, the owners of the above parcels have, pursuant
to Minnesota Statutes, §429.081, filed appeals to the Hennepin
County District Court contesting said assessments in which a num-
ber of complex legal issues have been raised as to the assessment
policies, procedures, and amounts assessed.
WHEREAS, the City Attorney has advised the City Council
that in the light of issues raised in the assessment appeals, a
reduction in the amounts assessed in order to secure the settlement
and dismissal of the appeals would be prudent and appropriate;
therefore
BE IT RESOLVED:
1. That the City Manager and City Assessor are hereby directed
to reduce the amount of the assessment on the subject parcels by an
amount equalling thirty-five percent (35%) of the adopted assessment.
2. That in computing the reduced amount, credit is to be
given for the installments of special assessments due and payable
with real estate taxes due and payable in 1974 and 1975. In granting
credit for amounts previously paid, interest at a rate of six percent
(6%) per annum is to be allowed and added to the credit attributable
to principal and interest payments in installments based on the
amount of the original assessment which is in excess of sixty-five
percent (65%) of the amount originally assessed.
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3. That the reduced amount is to be spread over the remaining
eighteen years of the special assessment commencing with install-
ments of the special assessments due and payable with real estate
taxes due and payable in 1976.
Adopted by the City Council November 17, 1975.
Attest:
Mayor
City Clerk
Reviewed for Administration: Approval as to Form and Legality:
City Manager City Attorney