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HomeMy WebLinkAboutCity Council Resolution 1978-805• OITY OF PLYMOUTH * • Pursuant to due call and notice thereof, a Regular Council meeting of the City Council of the City of Plymouth, Minnesota was held on the 4th day of December , 14 78 . The following members were 10 present: Acting Mayor Spaeth, Councilmembers Hoyt --and NeilsHoyt--a, The follow ng members were absent: Mayor Hunt and Councilmember Seibold. Counyt introduced the following Resolution and moved its a opt on: RESOLUTION NO. 78-5', A RESOLUTION RESCINDING AND SETTING ASIDE SPECIAL ASSESSMENT LEVY NO. 6104 RELATING TO PLAT 43719 PARCEL 1592 PURSUANT TO COURT ORDER WHEREAS, the City Council did by Resolution No.. 74-478 adopt a special assessment role levying assessments against various properties for benefits derived as the result of the installation of the Southwest Sewer, Water and Street Restoration (identified as Project 68IE), and WHEREAS, Plat 43719 Parcel 1592 was included in such roll and was assessed the total sum of $13,834.31, and WHEREAS, the owners of such plat and parcel commenced a court action against the City of Plymouth protesting the assessment, and WHEREAS, after trial cf such court action the District Court of Hennepin County deter- mined that said levy of special assessment should be set aside and on November 17, 1978 entered its order that such special assessment should be set aside; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, AS FOLLOWS: 1. Pursuant to the Order of the District Court of Hennepin County, Minnesota (File No. 729143) the special assessment against Plat 43719 Parcel 1592 comprising Levy No. 6104 of the City of Plymouth, Minnesota is hereby cancelled and set aside. 2. The City Clerk is hereby directed to file a certified copy of this resolution together with the aforesaid Order of the Hennepin County District Court with the Director of Finance of Hennepin County, Minnesota. The motion for the adoption of the foregoing Resolution was duly seconded by Councilmember Neils 'and upon vote being taken thereon, the following vote _n favor thereof, Acting Mayor Spaeth, Councilmembers Hoyt and Neils The following vote against ora sta ne one , Whereupon the Resolution was declared duly passed and adopted,