07-0576R


RESOLUTION ORDERING THE CONSTRUCTION OF A WATER MAIN AND SANITARY SEWER LINE IN WEST 12TH STREET FROM 90 FEET SOUTHWESTERLY OF HARBOR HIGHLANDS DRIVE TO 160 FEET SOUTHWESTERLY OF HARBOR HIGHLANDS DRIVE.

BY COUNCILOR JOHNSON:

     The city council finds as follows:

     (a)  By resolution of intent numbered 07-0575, the council did request the administration to prepare plans and specifications for the construction of a water main and sanitary sewer line in West 12th Street from 90 feet southwesterly of Harbor Highlands Drive to 160 feet southwesterly of Harbor Highlands Drive, at an estimated cost of $45,000;

     (b)  Said plans and specifications have been prepared and filed with the secretary of the special assessment board;

     (c)  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 rights 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 subject improvements.

     THEREFORE, BE IT RESOLVED, that said improvements as described above be made; that the estimated total cost of said improvement as estimated by the city engineer is $45,000, payable from Special Assessment Fund 410, Agency 038, Object 5530, City Project Number 0669WA/0669SN, 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 requirements of Section 60 of the City Charter.

     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:  This resolution orders in the extension of a water main and sanitary sewer main to serve Lots 26, 28, 30 and 32, Block 171 of Duluth Proper Third Division. Subject project was petitioned by 100 percent of the abutting property owners, owning 100 percent of the property to be assessed. The affected property owners have executed a waiver agreement, waiving their right to a hearing and to file a remonstrance petition under the Charter and has requested the city to proceed with the project on an assessment basis.