242053 IOR161NAL TO CITY CLHRK 2�20 �,.)3 ,
CITY OF ST. PAUL FOENCIL N�,.
OFFICE OF THE CITY CLERK
' • COU IL RESOLUTION—GENERAL FORM
PRESENTED BY '
COMMISSIONE DATF
WHEREAS, The City Council found and determined that that
structure located at 71 West Acker Street, Saint Paul, Minnesota,
constituted a hazardous structure as defined by Minnesota
Statutes Section 463.15, and pursuant to resolution, G. F. No.
240999, approved November 19, 1968, the owner was ordered to
correct or wreck and remove the said structure; an.d
WHEREAS, The Gouncil' s Order pertaining to the repair or
wrecking of said structure has n.ot been complied with and the
Ramsey County District Court, on Thursday, January 30, 1969,
affirmed the City Coun.cilTs action herein and authorized the
City of Saint Paul to wreck an.d remove the said hazardous
strueture forthwith; now, therefore, be it
RESOLVED, That the Council of the City of Saint Paul does
hereby declare that an emergency does exist in that failure to
wreck and remove the hazardous structure located at 71 West
Acker Street, Saint Paul, Minnesota, without delay, will work
an injury to the City; be it
FURTHER RESOLVED, That pursuant to Section 291 of the
Charter of the City of Saint Paul, and with the written consent
-of the Mayor and Comptroller, as evidenced by their respective �
signatures hereto, the Purohasing Agent is hereby authorized
and directed to purchase the necessary wrecking services to
remove the said structure located at 71 West Acker Street with–
out advertisement and without competitive bids, and that the
cost of said service be charged to Fund No. 0976, Wrecking
Buildings; the estimated cost of wrecking is $450.00.
F4Rf PPROV
As Corporati unsel
,
FEB 5 1969
COUNCILMEN Adopted by the Council 19—
Yeas Nays
Carlson ��� � 1969
�}g�h Consented and pproved 19�_
Meredith � Tn Favor
�e�e�een '
Sprafka J , Mayor
A gainst
Tedeaco
Mr. President, Byrne Gonsented , 1969.
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- City�omptrol�er
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'f�UBLISHEt �EB S ����
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STATE OF MINN�SOTA DISTRICT COURT
COUNTY OF RArISEY - SECOND JUDICIAL DISTHICT
V File No. 362372
In the Matter of a hazarclous building
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being that one and one-half story single-
family frame dwelling known and described
as 71 West Acker Street in the City of
Saint Paul and situatecl upon those premi- FINDINGS OF FACT,
ses legally described as Lot 9, Block 1 , CONCLUSIONS OF
Jilson' s Subdivision of Lots 3, 4, 5, 6, LAW AND ORDER FOR
7 , 8, 9 & 10 Guerin' s Out Lots , St . Paul , JUDGMENT.
Minnesota, according to the plat on file
and of record in the office of the
Register of Deeds in and for the County
of Ramsey, State of Minnesota.
The above entitled matter came on to be heard before the
Court at a special term thereon on Thursday, January 30, 196g,
upon motion of the petitioner, the City Council of the City of
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Saint Paul , for judgment providing for a summary enforcement of
the Order of the City Council of the City of Saint Paul. ,
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Jerome J. Segal , Assistant Corporation Counsel , appeared for
the petitioner. There were no other appearances. The Court ,
having heard the evidence and being fully advised in the premises,
now makes the following Findings of Fact , Conclusions of Law and
Order for �udgment . � - _
. FINDINGS OF FACT
1. That on November 19, 1968, the. City Council of the City
, of Saint Paul found and determined that that certain one and
one-half story single-family frame dwelling, knoti�rn as 71 West
Acker Street in the City of Saint Paul , and situate upon those '
premises legally described as:
Lot 9, Block l , Jilson' s Subdivision .
- of Lots 3, 4, 5, 6, 7, 8, 9 & lo
��'� ; � i� � r� Gueri.n' s Out Lot s , St. Paul , Minne-
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`� ��, .� a � + sota, according to the plat on file
�' ` � � and of record in the office of the
� ' " ` �� i nd f r the
, , . , � ��,69 � Register of Deeds n a o
County of Ramsey, State of Minnesota, "
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constitutes a hazardous building within the definition of
� Minnesota Statutes Section 463. 15,, and did order, pursuant � �
to said law, that the said building be made safe and not
detrimental by being razed and the material therefrom removed
from the premises. '
. 2. That according to the files and records in the
office of the Register of Deeds in and for Ramsey County,
� the fee o�,mer of said premises is Mrs . Susan I. �ioile.
3. That the premises are unoccupied.
� 4. That the said Order of the City Council of the City
of Saint Paul was duly served upon the above intereste�d party
and proof thereof filed with the Clerk of District Court, and
that the time allowed by law and specified in said Order for
the said person to answer or de�end the action ordered has e-
lapsed and no appearance has been made.
5. That no corrective action has been taken iri compliance
with the said Order. .
6. That the said bui-lding is in a state of inadequate
maintenance, dilapidation and unsanitary condition and constitutes
a fire hazard and a hazard to the public health, safety and
welfare, and that all the facts stated in the Order of the City
Council of the City of Saint Paul are true and correct.
CONCLUSIONS OF' LAW
� That the said building, which is the subject of this matter,
is a hazardous building within the definition of Minnesota
Statutes Section 463. 15.
ORDER FOR JUDGl�iENT
NOW, THEREFORE, IT IS ORDERED, that the said Order of the
City Council of the City of Saint Paul is affirmed; that the City
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of Saint Paul is authorized to enforce its Order of November
19, �1g68, to raze said building and remove all personal ���
property ancl fixtures there�rom ancl dispose of the sanie as
provided by law; that the City of Saint Paul is hereby •
authorized to proceed immediately to wreck and remove �said
building; and IT IS FURTHER ORDERED that the City shall keep
an accurate account of the expenses incurred in carrying out
this Order and of such other expenses as are allowed by law and
the City shall be authorized to assess these expenses against
the real property affected in the manner ,provided by laiv.
� JUDGMENT
LET JUDGMENT BE ENTERED ACCORDINGLY.
� BY THE COURT: •
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- Dated: � . � v C�� � .
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STATE OF AIINNESOTA . DISTRICT COURT
COUNTY 0� RATIS�Y � . 5ECOND JUDICIAL DIST�.ICT
File No. 362372
In the Nlatter of a hazardous building . .
bein; that one and one-half story single-
family frame dwelling known and described
as 71 West Acker Street in the City of
Sa,int Paul and situated upon those premi-
ses legally described as Lot 9, Block l ,
Jilson' s Subdivision of Lots 3, 4, 5 , 6,
7 , 8, 9 & 10 Guerin' s Out Lots, St. Paul ,
Minnesota, according to the plat on file
and of record in the office of the
Register of Deeds in and for the County
of Ramsey, State o� Minnesota.
JUDGMENT AND DECREE
The above entitled action came on to be heard before the
Court at a special term thereof on Thursday, January 30, lg6g,
and the Court , after hearing the evidence and being fully advised
in the premises , did, on the 30th day of January, 196g, duly make
and file its Findings and Order for Judgment herein. _
Pursuant to said Order and on Motion of Jerome J. Segal ,
Assistant Corporation Counsel of the City of Saint Paul , it is
hereby adjudged and decreed:
l. That on November 19, 1968, the City� Council , �
of the City of Saint Paul duly found and �
determined that the building, which is
the subject of this matter, is a hazard-
• ous building within the terms of Minnesota
Statutes Section 463. 15. ,
2. That pursuant to the above hearing, the
Court determined that the said building -
. r---•. �-- is a hazardous building within. the
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�' � �- ' i- � ' definition of Minnesota Statutes Section
�y�,�- , � . .
';.'. �� C 1:?�9 � 463. 15. .
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NOW, THEREFORE, IT IS ORDERED that the said building be
razed and the materials therefrom removed froui the premises. W
That it is further ordered that the City of Saint Paul
is authorized to proceed imiuediately to wreck and remove said
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building.
� That it is further ordered that the City shall keep an ,
. accurate account of the expenses incurred in carrying out this
Order and of such other expenses as are allowed by law; and
the City shall be authorized to assess these expenses against
the real property affected in the �nanner .provided by law.
WITNESSETH, the Honorable Otis H. Godfrey, Jr. , Judge of
the District Court aforesaid, at Saint Paul , Minnesota, this
30th day of January, 196g.
The form of the foregoing F• �-• �ESTON
Frederick L. Weston
judgmen.t is hereby approved Clerk of District Court in
an.d for Ram�ey County, Minn.
this 30th day of January, -
196g. _ . � , � gy��i� �� �/�.
� � � • Deputy,"
Judge of Di�tr ct C urt �/ �.
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