CC RES 77-039 RESOLUTION PROVIDING FOR THE REASSESSMENT AND APPORTIONMENT OF CERTAINSPECIAL ASSESSMENTS PREVIOUSLY LEVIED

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• RESOLUTION 77-039 A RESOLUTION PROVIDING FOR THE REASSESSMENT AND APPORTIONMENT OF CERTAIN SPECIAL ASSESSMENTS PREVIOUSLY LEVIED WHEREAS, the City Council of the City of St. Anthony (the "City") has duly levied special assessments (the "Assessments") described hereafter (the "Improvements") pursuant to Minnesota Statutes, Chapter 429 (the "Act") , and WHEREAS, The Improvements were constructed and the Assessments levied at various times in the years 1960, 1961 and 1962; the Assessments were duly certified to the County Auditor for collection pursuant to the Act; and installments of the Assessments and interest thereon were duly collected and paid over to the City by the County Auditor through and in- cluding Assessment installments for the year 1966 , collectible in the year 1967; and WHEREAS, in 1967 the County Auditor, on advice of counsel and pursuant to law, declined to certify the remaining installments of the Assessments and interest thereon for the reason that certain divisions of the land subject to the Assessments had not been approved by the City, and WHEREAS, the remaining installments of Assessments and interest thereon constitute a valid lien on the property benefitted thereby and are now, and have been since 1967, unpaid, and WHEREAS, the City, while recognizing that the existence of the unpaid Assessments is the result of long past administrative oversight and in- appropriate policy judgment on its part, also is aware of its duty under the law, as well as its obligation in equity to other property owners in the City, to insure the collection of the total principal amount of the Assessments, and WHEREAS, the City has been advised by its special counsel that there is sufficient uncertainty surrounding the Assessments and their collecti- bility to warrant a reassessment of all of the Assessments pursuant to Section 429 . 071, Subdivision 2, of the Act; and the City has been further advised by special counsel that because of the uncertainty surrounding the City' s approval of the divisions of land in the areas assessed that an apportionment of the Assessments pursuant to Section 429 .071, Subdivision 3, of the Act is desirable, and WHEREAS, the City finds that proceeding with a reasscssment and an apportionment of the unpaid principal amount of the Assessments is the appropriate and equitable procedure to follow to insure the prompt and timely collection thereof and is in the best interests of the sound finan- cial management of the Cit}, : NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. ANTHONY, MINNESOTA, AS FOLLOWS: