HomeMy WebLinkAbout5732 - ADMIN Resolution - City Council - 1977/05/021
May 2, 1977
RESOLUTION NO. 5732
RESOLUTION ADJUSTING SPECIAL ASSESSMENTS IN
IMPROVEMENT NO. 62-27 FOR PAVING Or LOUISIANA
AVENUE FROM EXCELSIOR BOULEVARD TO OXFORD
STREET.
WHEREAS, 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 (im-
provement No. 62-27)'.
WHEREAS, said resolution included assessments against
the following parcel:
Plat
Parcel Amount of Assessment
50790 0245 $18,235.21
WHEREAS, the owner of the -above parcel has, pursuant
to Minnesota Statutes, §429.081, filed an appeal to the Hennepin.
County District Court contesting said assessment in which a num-
ber of complex legal issues have been raised as to the assessment
po)icies, procedures and amount assessed.
WHEREAS, the City Attorney has advised the City Council
that in the light of issues raised in the assessment appeal, a
reduction in the amount assessed in order to secure the settlement
and dismissal of -the appeal 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 par-
cel by an amount equalling thirty-five percent (35%) of the adopted
assessment.
2. Credit is to be given for the installments of special
assessments due and payable with real estate taxes due and payable
in 1974, 1975, 1976 and 1977. In granting credit for amounts
previously paid, interest at the 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
l
1
t
original assessrr'nt which is in excess of sixty-five percent (65%)
of the amount originally assessed. The amount of said credit,
together with the interest thereon, is to be paid to the owner.
3. That the reduced amount is to be spread over the remain-
ing eighteen (18) years of the special assessment commencing with
installments of the special assessments due and payable with real
estate taxes due and payable in 1978.
Adopted by the City Counci May 2, 1977.
Attest:
Z241,21Z-Z-44e212"=a2.--
'City Clerk
Reviewed for Administration:
Mayor
Approved as to Form and Legality:
11
City Attorney
2-
5732.