File #: 17-0414R    Name:
Type: Resolution Status: Passed
File created: 5/18/2017 In control: Public Works and Utilities
On agenda: 6/12/2017 Final action: 6/12/2017
Title: RESOLUTION AUTHORIZING ASSESSMENT AGREEMENT WITH ROBERT J. AND RUTH I. MCCAULEY AND ACCEPTING NOTE AND MORTGAGE RELATING TO THE RECONSTRUCTION OF THEIR SIDEWALK AT 1123 E. 11TH STREET.
Attachments: 1. 17-0414R Exhibit 1, 2. 17-0414R Exhibit A, 3. 17-0414R Exhibit B
Title
RESOLUTION AUTHORIZING ASSESSMENT AGREEMENT WITH ROBERT J. AND RUTH I. MCCAULEY AND ACCEPTING NOTE AND MORTGAGE RELATING TO THE RECONSTRUCTION OF THEIR SIDEWALK AT 1123 E. 11TH STREET.

Body
CITY PROPOSAL:
RESOLVED, that the proper city officials are hereby authorized to enter into an assessment agreement, a copy of which is attached hereto as Exhibit 1, with Robert J. McCauley and Ruth I. McCauley pursuant to which they agree to the assessment against the following-described property in St. Louis County, Minnesota of the cost of improving the sidewalk on said property as described as City Project No. 1531 and accepting a note attached hereto as Exhibit A from them and a mortgage against said property attached as Exhibit B:

Lot 6, block 33, LAKEVIEW DIVISION OF DULUTH.

Statement of Purpose
STATEMENT OF PURPOSE: The purpose of this resolution is to authorize the city to enter into an Assessment Agreement with Robert and Ruth McCauley to pay for the agreed-upon cost of reconstructing the sidewalk from their residence to the public sidewalk and accepting a note and mortgage against the property to provide additional security.

In 2014, in conjunction with a city contract to repair or replace public sidewalks, the city engineer had agreed to have the McCauleys' sidewalk replaced at their cost as an incidental repair or replacement, as authorized by Section 45-82.5 of the City Code. The McCauleys received an estimate of $3,280 and agreed to have the cost of the work assessed against their property.

For reasons beyond the city's control, the contractor holding the city's sidewalk contract for 2014 did not do the work in that year. So the city planned to do the work itself in 2015 and even provided a lower estimate to the McCauleys; but again the work did not get done.

In 2016 the work was included in the city's 2016 sidewalk contract, but by the time the work was completed, it proved to be a great deal more complicated and difficult and therefore more...

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