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HomeMy WebLinkAbout1996-244 i '. . . RESOLUTION NO. 96- 244 DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT FOR PHASE I, ANNEXATION PROPERTY L.I. 9626 BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: 1. A certain petition requesting improvements for Phase I Annexation Property, filed with the council on October 1, 1996, is hereby declared to be signed by the required percentage of owners of property affected thereby. This declaration is made in conformity to Minnesota Statutes, Section 429.035. 2. The petition is hereby referred to the City Engineer and he is instructed to report to the council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted by the council this 1st day of October, 1996~ ~4 Attest: ,Jlllt:01-199614'32 .. . 1. 612 731 4869 CHARLES CUDD CO. P.03 Petition For Local Improvement 000% of property owners) &c::rr11-t... W-A-r e- f9.- Minnesota ,e.-r.....~ .19~ To the City Council of ~u..W~ , Minnesota: taAfIr NJP We, all owners of real propertYA abutting on ~M~rfNlii ~t. est'Neew ~1H * tf^"(1t2" iifle of" Sheet ~,d the line of Street hereby petition that such street is improved by ............ ,.,.y 2 pursuant to Minnesota Statutes. Chapter 429. 1. 2. 3. 4. S. 6. . Signature of Owner Description of =eny "., Atf'rAd - ~ ~-tY "..."..~'P '3 ~l$ 4)QO ~~"'( _ __--: ......:;...~C>. ~r;')G ~ ~ .s ~; -- ....." Ail I " Examined, checked, and found to be in proper fonn and to be signed by the required number of owners of property affected by the making of the improvement petitioned for. Footnotes . t~~~ ~J(~~ lty r . 1. When the petition ls by the "owners or aU" real propeny, no hearing or Dotice as mentioned at Form S below is requited by the statute. However, the council should pus a resolution similar lO form 4 below, but in the fIrSt paragraph "all owners" should be substituted for the words "required percentage ot owners." The valldity of this resoludon 11- made iacomestable by my tupaycr, 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 Ii tuition where the peuuon is by less thm all the propeny ownerS. no publication ot this reSOlution seems to be required by the statute. However. to ,void misunderstaDdinl by SOme property owners and possible objections to assessments at later stages or the proceedinll,lhe eil)' may pretel' to mall 'copy or lhis resolution to tach owner. In rac:t, the city In sucb cues may want to secure waivers of objections and rtlhts to appeal !rem each owner on condition that the actual assessment amouo" \0 no more than the nlUfe agreccS to in the waiver. The council is then in a aood position to make expenditures tor plan M<1 speeification pteparauon and solicitation of bids. without risk to the Icner1l lrCUury. A model wa.ivu rorm 1$ set QU~ at Fonn 1 below. -5-