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RESOLUTION 82-6 <br /> A RESOLUTION SUSPENDING A PORTION <br /> OF AN ASSESSMENT ON THE PETERSON <br /> ADDITION AND DETAILING A TIME TABLE <br /> FOR REASSESSMENT OF THE IMPROVEMENT PROJECT <br /> WHEREAS, the City of Elk River was requested to construct certain improvements in <br /> and adjacent to the Peterson Addition by residents of the Peterson Addition; <br /> and, <br /> WHEREAS, when the requested improvements were duly constructed by the City of Elk River <br /> and assessed according to procedures established in MS 429, said assessment <br /> was challenged by certain affected property owners in district court; and, <br /> WHEREAS, in a district court order dated December 11, 1980, the Honorable Judge John F. <br /> Dablo found that the special assessment for the railroad crossing improvement <br /> was improper and should no longer be collected by the City of Elk River and <br /> ordered the City of Elk River to rehear and reassess the remaining eligible <br /> portion of the railroad crossing improvement in conformance with the law of the <br /> opinion rendered. <br /> NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Elk River that Sherburne <br /> County is hereby requested to cease collection of the railroad crossing improvement por- <br /> tion of the Peterson Addition special assessments until such time as the project can be <br /> reheard and reassessed by the City Council, in conformance with the Honorable Judge John <br /> • F. Dablo's district court order regarding the Peterson Addition; and, <br /> BE IT FURTHER RESOLVED by the City Council of the City of Elk River that the following <br /> time table regarding the rehearing and reassessment of the Peterson Addition improve- <br /> ments is hereby approved and adopted: <br /> 1. May 3, 1982 - Review proposed area of assessment, method of assessment and <br /> approve costs to be assessed at a subsequent hearing. Establish <br /> next possible council meeting for a public hearing for the re- <br /> assessment of the Peterson Addition improvement. <br /> 2. May 3rd thru <br /> June 7th, 1982 - Advertise public hearing and notify residents of hearing date and <br /> time <br /> 3. June 7, 1982 - Conduct public hearing regarding reassessment of Peterson Addition <br /> improvement consistent with district court order rendered by the <br /> Honorable John F. Dablo. <br /> Passed and adopted this 29th day of April, 1982. <br /> ATTEST: Richard Hin e, Mayor <br /> ill/ Robert C. Middaugh /. <br /> City Administrator <br />