10-24-1990 Council Agenda - Laserfiche WebLink

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PART II. FORMS FOR LOCAL IMPROVEMENTS petition For Local Improvement (100% of property owners) , Minnesota PA- 10, o the City Council of Li Int_ t JAW 41C.' , , Minnesota: We, all owners of real property abutting on DSO �(2Street, between A4(`1-1\ line of reet and the 5bu kin line of tabor': Street hereby petition that such street is improved by rsuant to Minnesota Statutes, Chapter 429. 2 3 4 5 6 Signature of wner Description of Property w s; ee.. Examined, checked, and found to be in propersform and to be signed by the required number of owners f property affected by the making of the improvement petitioned for. ' rf " ?:-. yr• -. • ootnotes 1. When the petition is by the "owners of all" real property, no hearing or notice as mentioned at Form 5 below is required by the statute. However, the council should pass a resolution similar to form 4 below, but in the first paragraph "all owners" should be substituted for the words "re- quired percentage of owners." The validity of this resolution is made incontestable by any taxpayer, property owner or the municipality unless an action for that purpose is commenced within 30 days after adoption of the resolution. M.S. 429.031, subd. 3. Unlike the situation where the petition is by less than all the property owners, no publication of this resolution seems to be required by the statute. How- ever, to avoid misunderstanding by some City Clerk property owners and possible objections to ..__ assessments at later stages of the proceed- ings, the city may prefer to mail a copy of athis resolution to each. owner. In fact, the -city in such cases may want to secure waivers of objections and rights to appeal from each owner on condition that the actual assessment amounts to no more than the figure agreed to in the waiver. The council is then in a good position to make expenditures for plan and specification preparation and solicitation of bids, with- out risk to the general treasury. A model waiver form is set out at Form 2 below. 2. Fill in with appropriate phrase, such as "tarvia surfacing," "installation of curbs and gutters," "the construction of water mains therein," etc. See Part I for the list of projects under which special assessments may be levied pursuant to the improvement code. 2. Agreement of Assessment and Waiver of Irregularity and Appeal THIS AGREEMENT, is made this day of , 19 , between the City of , State of Minnesota, hereinafter referred to as the City and of County, State of Minne- sota, hereinafter referred to as owner. Page 58