04-14-1982 Council Agenda - Laserfiche WebLink

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TELEPHONE 1612) 224 -4911 WILLIAM W. FINK ATTORNEY AT LAW 301 MIDWEST FEDERAL BLDG, 50 EAST FIFTH ST. ST. PAUL. MINNESOTA 55101 April 7, 1982 Mr. Thomas M. Sweeney City Attorney City of Little Canada 350 Northern Federal Building Sixth and Wabasha Streets St. Paul, Minnesota 55102 Re: Proposed Improvements for Ryan Drive Dear Mr. Sweeney: In regard to certain improvements proposed for Ryan Drive, you did on August 12, 1981, consider a feasibility report for the improvement of Ryan Drive. At that time Arthur Ryan, one of the interested parties and whose company owned land fronting on Ryan Drive, did agree that if the bids came in within the limitations of the feasibility study or approximately within such limitations, he would agree that the water main to be looped from Ryan Lane to Spruce Streed at a cost of $9,900.00 could be assessed against his company's property alone; and that in regard to the road overlay with bituminous mat from Country Drive to Ryan Lane, if that was done for $12,500.00, he would consent to an assessment in approximately that amount against his property. However, the contract bid for the road overlay with bituminous mat from Country Drive to Ryan Lane came in in excess of $60,000.00 and Mr. Ryan feels under no obligation to pay that amount towards the road. However, 14r.. Ryan is willing to abide by his original offer, but does so only if the road overlay will be done at the cost estimated in the study; that is, the sum of $12,500.00. The law concerning road improvements and the assessments therefor is very clear. In the case of Minnesota Linseed Oil Co. v. L. R. Palmer, et al, 20 Minn.R. 468, the court stated: "It would clearly be unconstitutional for the legislature to authorize the levy of a tax exclusively upon a particular block or portion of a division of the city to pay for an improvement to Sr