BY COUNCILOR STOVER:
WHEREAS, by resolution of intent numbered 05-0268 the council did request the administration to prepare plans and specifications for the construction of a permanent 28 foot wide street with turnaround, storm sewer and sidewalk in 44th Avenue West from Grand Avenue to approximately 360 feet southerly at an estimated cost of $100,000; and
WHEREAS, said plans and specifications have been prepared and filed with the secretary of the special assessment board; and
WHEREAS, all persons affected by the proposed improvement or assessment have executed waiver agreements waiving their rights to a public hearing before the special assessment board and mailed notice thereof, to the report of said board to the council recommending the improvement and their right to file a remonstrance petition against the project, all under Section 62 of the Duluth City Charter and sections 45-79 and 45-80 of the Duluth City Code, 1959, as amended and have requested that the council immediately determine to make the subject improvements.
NOW, THEREFORE, BE IT RESOLVED, that said improvement as described above be made; that the estimated total cost of said improvement as estimated by the city engineer is $100,000, payable from Special Assessment Fund 0410, Agency 038, Object 5530, Project Number 0493TR, and that all of the cost of said improvement be defrayed by special assessment against the land and premises specially benefitted; that those assessed be permitted to pay said assessment in installments over a 15 year period, subject to Section 68 of the City Charter; that said assessment will satisfy all the requirements of Section 60 of the Charter.
BE IT FURTHER RESOLVED, that the council order in subject project in accordance with the provisions of Section 62 of the City Charter and that said improvement is hereby ordered.
STATEMENT OF PURPOSE: The purpose of this resolution is to order in the construction of a permanent 28 foot wide street with turnaround, storm sewer and sidewalk in 44th Avenue West from Grand Avenue to approximately 360 feet southerly adjacent to Lots 8 and 16, Block 70 and Lots 1 and 9, Block 71 in the Town of Oneota except railway right of way and adjacent to vacated Second Street. Subject project was petitioned by 100 percent of the abutting property owners, owning 100 percent of the property to be assessed. All affected property owners have executed waiver agreements, waiving their rights to a hearing and to file a remonstrance petition under the Charter and have requested the city to proceed with the project on an assessment basis.