1991-02-12 - Laserfiche WebLink

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-~ ... '. "-..'" - " . PETITION AND WAIVER BACKGROUND: The Undersigned (Petitioners) are owners of property located at 1695 - 23rd A venue Northwest (the Premises). On or about October 15, 1990, Petitioners suffered a failure of the sanitary sewer line between the Premises and the sewer line in the street. The failure was in that part of the pipe which is the responsibility of the Petitioner under ordinances and policies of the City of New Brighton. The ordinary cost of such a repair would be approximately $1,500. However, due to the extreme depth of the sewer line in the street, adjacent to the Premises, the total cost incurred in this case was Thirteen Thousand Four Hundred Forty-Six Dollars and Ninety-nine cents ($13,446.99). Therefore, the City Council has decided that it is appropriate for the City to pay $12,000 as a City expense. The City is authorized by Minnesota Statutes Section 412.221, Subd. 31, to provide sanitary sewer service and to levy the cost thereof as a special assessment against the Premises. PETITION AND W AIYER: 1. Petitioner hereby petitions the City of New Brighton to pay all of the costs of the sewer repair in the amount of Thirteen Thousand Four Hundred Forty- Six Dollars and Ninety-nine cents ($13,446.99) for restoration of sewer service to the Premises and to levy One Thousand Four Hundred Forty-Six Dollars and Ninety-Nine Cents ($1,446.99) of the cost thereof, plus interest, as a special assessment against the Premises. 2. Petitioner understands that the Contractor for the work will not be paid by the City and the City will have no obligation to pay the Contractor until 30 days from the date of levy have elapsed without receipt by the City of any appeals or objections to the special assessment levied in accordance with this petition. 3. In consideration of undertaking the obligation for the payment for restoration of the sewer service as requested above, Petitioners: (a) Waive notice of hearing and hearing on the improvement project. (b) Waive notice of hearing and hearing on the special assessment. (c) Waive the right to appeal any failure by the City to comply with any provisions of Minnesota Statutes, Chapter 429. (d) Agrees that a levy in the amount of One Thousand Four Hundred Forty-Six Dollars and Ninety-nine Cents ($1,446.99) plus interest is reasonable and lawful and does not exceed the special benefit to the Premises.