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1546 ___-} NOW THEREFORE, BE IT RESOLVED. by the Village Council of the Village of Falcon Heights, P~Zinnesota: 1. The Village Council finds that the original Watermain Improvement of 1960, No. 1 assessment of $551.25 for Lot 19, Block 1, Barthel Villas Addition was and is excessive considering that the Village refuses to issue a building permit on this lot, and this lot is hereby found to have no benefit from the said improvement at the present time. 2. Upon reassessment, the Council finds that the assessment roll for Watermain Improvement of 1900, No. 1 approved by this Council on October l7, 1960 with respect to Lot 19, Block 1, Barthel Villas Addition, should be changed and this lot reassessed to show no 'aenefits to this lot and no assessment against this lot upon the under- standing that when the Village Council will authorize the issuance of a building permit on this lot the original assessment will be reinstated upon notice and hearing. 3. The Village Clerk is hereby authorized and directed to prepare a certified copy of this resolution and to deliver the same to the County Auditor of Ramsey County and to do any and all things necessary to see that the reassessment of Lot 19, Block 1, Barthel Villas Addition herein made, is entered upon the necessary books and records of the County Auditor. The motion for the adoption of the foregoing resolution was seconded by Nilsen and unanimously carried. Trial Costs: Letter of December 27th from Attorney ~3ernard P. Friel was read. Letter advised: ''It is my opinion tha+, the costs of nrosecutin~ such cases are, if the defendant is convicted, chargeable to the defendant. Especially excluded., however, from the costs which can be taxed to the defendant are the costs of drunkometer test, blood analysis and urine analysis. It does not appear that gratuitous fees paid ~~ritnesses can properly be taxed nor can the fees of the sher~_ff for service of papers and. mileage. In the absence of conviction, no costs may be assessed. It is my advice that the Justice should charge all costs to the defendant at the time of convic- tion end he should then turn over all of the sums taxed to the Villa.~e office. The Village office should, in turn, make the necessary disbursements. 'i'he expenses of serving papers and attorney's fees are not recoverable from the defendant anal in every case these expenses ~~vill be chargeable to the Village. The -eputy Clerk was instructed to send copies of Friel's letter to Justices Johnson :end Stougaard. Gonpini moved that the Justices be advised that the Council recommends that the procedure as outlined be followed. Seconded by Utecht and car:^ied. Audit Utecht reported he had contacted Haskins & Sells, Certified