97-073
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CITY OF SHOREWOOD
RESOLUTION NO. 97- 73
A RESOLUTION DECLARING THE ADEQUACY OF
A PETITION FOR IMPROVEMENTS
WHEREAS, the City has received a petition (petition) requesting that the City allow the
watermain to be extended to the petitioners' property; and
WHEREAS, the petition requests that the City research options for extension and related costs;
and
WHEREAS, the names of those petitioners and their associated locations are as follow:
1. William RummIer ..............................27970 Smithtown Road
2. William Gotschall.............................. 27980 Smithtown Road
3. Frank Fox .........................................27990 Smithtown Road
4. William Pye.......................................27968 Smithtown Road
WHEREAS, the City has reviewed the Petition and identified the owners of the real properties
named in the Petition and has determined that the Petition has been duly executed by the owners of 100%
of real property affected by the Improvement;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood,
Minnesota:
1. The Petition is hereby declared to have been signed by the owners of 100% of the real
properties named in the petition as the location of the improvements. This declaration is
made in conformity to Minnesota Statutes, Section 429.035.
2. The petition is hereby referred to the City Engineer for study contingent upon said
petitioners entering into an agreement with the City of Shorewood, attached hereto as
Attachment 1, and that the City Engineer 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 necessary, cost-effective, and feasible.
ADOPTED BY THE CITY COUNCIL of the City of Shore wood this 8th day of
September, 1997.
ATTEST:
1)~". V1
. Hurm, City Administrator/Clerk
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CONSENT AND AGREEMENT
SOUTH BORDER W A TERMAIN EXTENSION PROJECT
THE UNDERSIGNED Petitioners hereby consent, agree and understand as follows:
1. They represent 100% of the owners of real property identified as :
27970 Smithtown Road 27980 Smithtown Road
27990 Smithtown Road 27968 Smithtown Road
2. They have petitioned the City to construct the following public improvement ("Improvement")
along and within such properties: To extend watermain along or through said properties to bring
municipal water service within close proximity to the existing structures located on said
properties, and to finance the entire cost of the Improvement through a combination of special
assessments and user fees to be charged against their properties.
. 3. Following acceptance of the petition by the City Council, the City Engineer will cause to have
prepared a feasibility report on the Improvement. The feasibility report will address issues
including an estimate of the cost of the Improvement.
4. If the Improvement is determined to be feasible, the City Council, given this agreement, will
direct the preparation of plans and specifications, and, depending on the estimated cost, will call
for bids on the Improvement. The preparation of plans and specifications will ordinarily provide
further information regarding the cost of the Improvement.
5. Not later than the time the petition is considered for acceptance by the council, the petitioners
will provide the city with a deposit equal to the City Engineer's estimate of the cost of preparing
the feasibility report. The city may treat the petition as having been withdrawn if the deposit is
not made by the earlier of the date the petition is scheduled for consideration of the City Council
or 45 days from the date the petition was filed.
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. 6. Not later than the date on which the City Council directs the preparation of plans and
specifications for the Improvement, the undersigned will deposit with the city an amount equal to
the City Engineer's estimate of the cost of preparation of plans and specifications and the cost of
public bidding, if required. The deposit shall also include the cost of preparation of the feasibility
report, if not previously deposited. The City may treat the petition as having been withdrawn if
the deposit is not made by the earlier of the date the council is scheduled to consider directing the
preparation of plans and specifications or 30 days following receipt on the feasibility report.
7. Not later than five days following the date on which the bids for the Improvement have been
opened and tabulated, the undersigned will provide the City with waiver executed by all the
petitioners in substantially the form of the attached Exhibit A. In the event that all the waivers are
not so provided, the City may treat the petition as having been withdrawn, may reject all bids and
may abandon further consideration of the Improvement.
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8. If the petitioners fail to make the deposit provided for in paragraph 6 above, or for any other
reason withdrawn their petition, the city shall be entitled to apply the deposit required under
paragraph 5 to reimburse it for all costs and expenses which it incurred in connection with
preparation of the feasibility report.
9. If the petitioners fail to execute and deliver the instrument provided for in paragraph 7 above, or
for any other reason withdraw the petition, the city shall be entitled to apply the deposit required
under paragraph 6 to reimburse it for the costs and expenses which the City incurred and which
were to be covered by that deposit.
10. Upon execution and delivery of the instrument described in Exhibit A. the City shall award the
contract in the manner provided by law and proceed with the construction of the improvement
and assessment of the costs against the petitioner; and either return the deposits to petitioners or
apply them against Improvements as the parties may agree. If the City holds the deposits in an
interest bearing account, any earned interest will be referred to petitioners when the. deposit is
returned.
.
. The undersigned have read this document, are fully informed of its contents and agree to
be fully bound by its terms.
William R. Rummler
27970 Smithtown Road
Date
William Gotschall
27980 Smithtown Road
Date
Prank Pox
27990 Smithtown Road
Date
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William Pye
27968 Smithtown Road
Date
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EXHIBIT A
WAIVER AGREEMENT
The undersigned is the owner of property located at
in the City of Shorewood and legally described as
The undersigned together with the owners of other property has petitioned the City of
Shorewood to construct the following public improvement
and have agreed that 100% of the cost of the improvement be charged against the petitioners'
properties through a combination of special assessments and user charges for water service.
The undersigned understands that the cost of the project may be as much as
and the amount assessed against the undersigned's property may be as much as
The undersigned understand that the project is economically feasible only because the special
assessment which they have agreed to pay is greater than the ordinary special assessment provided
for in the City Code. The undersigned also understand that they will additionally be charged a
connection charge within 30 days after the acceptance of the project by the City Council of
Shorewood.
The undersigned understands that state law gives them the right to appeal the levy of
special assessments against their property. The undersigned, for themselves and their successors
and assigns hereby waive any rights to appeal either with respect to the procedure or the amount
of any special assessment which is levied in accordance with the dollar limitations contained in
this agreement.
Dated: