275157 ��515�
City of St.Paul COUNCIL FIL N
/
RESOLUTION APPROVING ASSESSMENT AND By
FIXING TIME OF HEARING THEREON File No. 18076
In the matter of the assessment of benefits, cost and expenses for non—residential tree
removal.
under Administrative Order -- approve�l
Preliminary Order -- approved --
Final Order -- approve�l --
f
The assessment of benefits, cost and expenses for and in connection with the above improvement having been
submitted to the Council,and the Councii having considered same and found the said assessment satisfactory,therefore,be it
RESOLVED, That the said assessment be and the same is hereby in all respects approved.
RESOLVED FURTHER, That a public hearing be had on said assessment on the 22nd day of
July 1980 , at the hour of ten o'clock A.M., in the Council Chamber of the
Court House and City Hall Building, in the City of St. Paul; that the Director of Finance give notice of said meetings,as
required by the Charter, stating in said notice the time and place of hearing, the nature of the improvement, and the
amount assessed against the lot or lots of the particular owner to whom the notice is directed.
COUNCILMEN Ado y the Cou 1: Date HIN n a 10011
Yeas Nays J � r� _
Hunt � Certified Pass y Cou '1 Sec tary
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�. Maddox In Favor
Ma X McMahon f)
�ViC a pn Showalter V' Against
Tedesco Mayor
Sc ow I ter W�,SOn S#1�D J U L 5 1980
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' . September 16„ 1984
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. � �. � � �. iRi�r .iWJ �Ya� �. . . . . .. . . . . .. . . . . . .
City Attorney
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" Dea�z� Sir: , •
' � Atteabed for your �nf'ormation is a copy of a Notice ot A�peal oY G,� '
Wi1].iAm. �m�.th cflncerning propoaed aseseaments fvr removal of ti'on-:
r�tsid�ntial d��eased trees in ,19'�"j and L9'j8. y
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STATE OF MINNESCTA DISTRICT COURT
C�UNTY OF RAMSEY SECOND JUDICIAL DISTRICT
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r:
G. W illiam Smith, � �''
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Plaintiff, �...<<:,, �i> �
NOTICE OF�`��.�'E,BrL '�'�O
- vs - �.�� `{
DISTRICT ����2T`��;
C ity of 5aint Paul, • :y ���
�N,
Defendant.
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Appellant, for his Notice of Appeal to the Distri.ct Court from real property
assessment by the City of Saint Paul, states:
° I
That G. William Smith is the owner of record of Lot 1, Block 89, Masek's Re-
arrangement, Ramsey County, Minnesota.
II
That on or about July 3, I980, the City of Saint Paul Department of Finance and
Management Services mailed to G. William Smith notice of a public hearing to be hel�
by Council of the City of Saint Paul on July 22, 1980, at ten o'clock A.M. to consider
rati.fication of the assessment arisina from the removal of nonresi3ential diseased
trees in 1977 and 1978.
III
That the proposed assessment against Masek's Rearrangement Part of Lot 1
is in the amount of Three Thousand One Hundred Sixty Five and Fifty Three/100
($3,165.53) Dollars.
! .
- � . • �:'^� �����
N
That the notice served upon G. William Smith states that an appeal from said
assessment may be taken to t he District Court by filing Notice of Appeal with the
City Clerk and Clerk of District Court.
V
That the City Council failed to consider ratification of the assessment on
July 22, 1980, and information is not available to the public as to if and when the
CityCouncil will consider ratification.
VI
That G. William Smith, by this Notice of Appeal to the District Court, hereby
serves Notice of Appeal from any past or future ratification of said assessments
and requests that any assessment or purported assessment be tried and reviewed by
the District Court.
VII
That t`he basis of the appeal, among other things, asserts that the ordinance
upon which the assessment is made is vague and indefinite, that the ordinance and its
imposition is discriminatory and unconstitutional, that the work for which the assess-
ment was made was never performed, that the assessment and alleged work was with-
out proper notice, that the assessment bears no reasonable relationship to alleged
work or improvements, that the City Forester has failed to comply with the requise-
ments of the ordinance, that property in question falls within the exemption, that
said assessment is illegal, unconstitutional and unjustified.
i�����'
G. William Smith Appellant
• G �� / �
DUDLEY AND SMITH
ATTORNEV6 AND GOUNS[LORS AT LAW
W. 12�0 FI11lT NATIONAL�ANK �UILDING .
ST. PAUL. MINNESOTA SSIOI
JOfEPii J. DUDLEY s���Z��_17��
G. WILLIAM EMITN
DAVID W. LARSON
DEAN D. LARSEN S'Q tember 9 1980
DON M. LATTIMORE p �
JOSEPM J. DUDLEY. JR.
TERENCE P. DURKIN
City Clerk
Ramsey County Courthouse
15 West Kellogg Boulevard
St. Paul, Minnesota 55102
Re: G. William 5mith vs City of Saint Paul
Dear Six:
Enclosed herewith and served upon you find Notice of Appeal in the above
matter.
Very truly yours,
DUDLEY AND SMITH
s''���%
v�
G. W illiam Smith
GWS/nes
Enc.