198907Council File No .... ...............................
By------------------------- ---------------- ---------------
f
• CITY OF ST. PAUL
Resolution Ratifying Assessment
j--
1 9890'7
In the matter of the assessment of benefits., cost and expenses for
constructing a sewer in Albemarle Street from Nebraska Avenue to 152 ft. north of
Arlington Avenue -
Council File No. X98907—
In the matter of the assessment of
t.penefits, cost and exuenses for con -I
structing a sewer in Albemarle Street
'from Nebraska Avenue to 152 ft. north
of l Arlington Avenue, under Prelimin-
ary Order 179894 „Intermediary Order
182081, Final Order 182412, approved;
.��- �•p +d. 2T. ?A. 57. ar -.-.. 1
under Preliminary Order ----- 179- X94......... Intermediary Order .....182081......... Final Order .... 182 -43 2 ........ .
approved .........._April 2 ------- - - - - -- ---19.5.x...
A public hearing having been had upon the assessment for the above improvement, and said assessment
having been further considered by the Council, and having been considered finally satisfactory,. be it therefore
RESOLVED, That the said assessment be and the same is hereby in all respects ratified, and the same
is hereby ordered to be submitted to the District Court of the County of Ramsey for confirmation.
BE IT FURTHER RESOLVED, That the said assessment be and it is hereby determined to be payable
in.........- ..... .......equal installments.
as -
� 41960
Adopted by the Council• ... _.... SEP .................... _ .... .. ... _ ........... _.— ........ 19.........
.... .. . . .. ........ .. ► City Clerk.
sty 1419
Approved---- _ ---------- -- ------------------------------------ 19--------
Form B. B. 18
File 13669
W-W
... _..... --- - -•... .. ............ I ....... I Mayor.
t
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CITY OF ST. PAUL 8907 �>
OFFICE OF THE COMMISSIONER OF FINANCE
Report of = Completion of Assessment
June 14, 1960
In the matter of the assessment of benefits, cost and expenses
constructing a sewer in Albemarle Street from Nebraska Avenue to 152 ft. north of
Arlington Avenue
under Preliminary Order 179894 , approved October 3, 1956
Intermediary Order 182081 , approved March 26, 1957
Final Order 182412 , approved April 23, 1957
To the Council of the City of St. Paul:
for
The Commissioner of Finance hereby reports to the Council the following as a statement of the ex-
penditures necessarily incurred for and in connection with the making of the above improvement, viz:
Cost of construction ............... , ...............$ 10,991.55
Engineering .............. ........................$708.61
Inspection fees ......................... .........$ 195.60
Postal cards ......... ..............................$ 2.70
Publications ........ ..............................$ 27.00 _
Court costs for confirmation ........................ $ 2.70
Total expenditures .............................$ 11,928.16
Said Commissioner further reports that he has assessed and levied the total amount as above ascer-
tained, to -wit: the sum of $110928.16 upon each and every lot, part or parcel of land deemed
benefited by the said improvement, and in the case of each lot, part or parcel of land in accordance with
the benefits conferred thereon; that the said assessment has been completed, and that hereto attached,
identified by the signature of the said Commissioner, and made a part hereof, is the said assessment as
completed by him, and which is herewith submitted to the Council for such action thereon as may be
considered proper.] c�
2M 12 -G2 g
Commissioner of Finance
OFFICE OF CITY CLERK
BUREAU OF RECORDS
386 City Hall and Court House
St. Paul 2, Minnesota
Mr. Louis P. Sheahan
Corporation Counsel
Building
Dear Sir:
AGNES O'CONNELL
JOSEPH R- 01441INGSKI
City Clerk
HAROLD J. RIORDAN
Council Recorder
The City Council requested that you render an opinion as to whether or not
31 E 1 Funds - city's share of Local Improvements - can be used in defraying part
of the cost of constructing a sewer in Albemarle St. from Nebraska to 152 ft. north
of Arlington.
Attached is the RESOLUTION RATIFYING ASSESSMENT in this matter and a letter of
Eugene V. Avery, Chief Engineer, on the subject.i Will you please return this
entire file to us with yo�xr opinion?
Very truly yours,
( � 1
,�
City Clerk
L
EEO I IV r ill
L 2 Y 1960
L
MINNESOTA s
,•M
Jt� -
i
THE DEPARTMENT OF PUBLIC WORKS
OF THE
CITY OF ST. PAUL
INTER - OFFICE COMMUNICATION
8
July 19, 1960
Commissioner Milton Rosen
Department of Public Works
City of Saint Paul
Dear Commissioner Rosen:
On Wednesday, July 13th, the Council laid over for one week the
proposed assessment for the completed sewer on Albemarle Street from
Nebraska Ave. south to a point 152 feet north of Arlington Avenue. On
the basis of estimates, prepared prior to receipt of bids, the estimated
cost amounted to $10.02 per foot. On the basis of bids received this
estimate was increased to $14.83 per foot and on the basis of the final
costs of the completed projects $14.91 per foot. At the hearing on
July 13th, the assessees objected to the high cost and stated that since
the city had offered to pay part of the sewer bill on Albemarle north of
Nebraska the same arrangement should be made in their particular area.
Consequently, the Council laid the matter over so that Mr. Dehn and I
could investigate and report.
On the other sewer job north of Nebraska, the original project
ran from Nebraska to Wheelock Parkway. The preliminary estimated cost
was $12.62 per foot and on the basis of bids received would have been
$15.93 per foot. This order was abandoned because of the cost. The
revised order was then introduced extending from Nebraska to Larpenteur
at an estimated cost of $10.77 per foot, an.'agreement was made by Com-
missioner Winkel and the City Council at that time that the sewer costs
would not exceed $11.00 per foot. However, costs on this project after
completion of the job, amounted to $12.50 per foot; so that on the
basis of the agreement made with the residents, the city would be
obligated to pay $1.50 per foot or a total amount of about $5,775.00
out of fund 31 E -1. This assessment, however, Mr. Dehn tells me has
not as yet been levied.
On the project now under consideration, namely Albemarle Street
from Nebraska to 152 feet north of Arlington, the preliminary estimated
cost was $10.02 per foot, as previously noted. On the basis of final
costs this has increased to $14.91 per foot. The principal reason for
the high cost is the unsuitable material and the necessity for placing
the sewer on piling. Both sections of Albemarle Street should be treated
alike and if the maximum of $11.00 per foot is assessed, it would be
necessary for the city to pay $3.91 per foot. On the basis of 800 feet
of assessable frontage, this would amount to $3,128.00 from fund 31 E -1.
i
Commissioner Rosen - Page 2 - July 19, 1960
I recommend that the subject portion of Albemarle Street be treated
the same as the other portion of Albemarle Street to the north and that a
maximum of $11.00 be assessed with the city paying the balance, as outlined
above, if the previous agreement with the residents is legally sound.
Prior to approval of the revised assessment, I recommend a legal
opinion be obtained as to whether 31 E -1 funds, the city's share of Local
Improvements, may properly be used for defraying part of the cost of
lateral sewers of this type. Section 201 of the City Charter specifies
that the city's share of Local Improvements includes, among other things,
"construction of trunk or main sewers."
Yours very truly,
Eugene V. Avery
Chief Engineer
EVA/ j v
LOUIS P. SHEAHAN
DIRECTOR OF LAW
To the Councils
CITY OF SAINT PAUL
LEGAL DEPATMENT
ROBERT J. SWORDS
CORPORATION COUNSEL
August 24, 1960
Re Public Sewer Construction in
Albemarle Street from Nebraska
Avenue to 152 feet north of
Arlington Avenue
ROBERT E. O'CONNELL
SPECIAL ASSISTANT
/�
12")
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The question presented for legal opinion is whether or not
City of Saint Paul Budget Fund 31 E 1 may be applied in payment of any
part of the cost of said public sewer. The Chief EagineerAend the
Valuation Engineer have advised me to the effect and I have accepted,
as the factual basis for this opinion, that said public sewer is
neither a trunk nor main sewer mentioned in the following excerpt from
Sec. 201 of the City Charter:
"At least Six Hundred Thousand Dollars ($600,000.00)
of the amount appropriated for the cost of the city gov-
ernment, other than schools, shall be expended in each
year in paying the city'a share of the cost of street
paving, construction of trunk or main sewers, and
bridges, including right of way, and if any part of said
Six Hundred Thousand Dollars (1600,000.00) shall not be
so appropriated, it shall be used to pay interest on
bonds as a part of the cost of government within the
Thirty -nine Dollars and fifty cents ($39,50) per capita
limitation. °
and that, on the contrary, the same constitutes merely a comparatively
minor lateral public sewer.
The said Budget Fund Item 31 E 1 Was appropriated pursuant to
said quoted Charter, provisions, and in respect of the defrayment of
the City's share of public sewer construction costs payments therefrom
are effectively restricted under the Charter to such as shall apply to
the City's share of the cost of the construction of public trunk or main
line sewers., Thun the question necessarily is answered in the negative.
LPS-B
Director of Law
0 ,
ly
DEPARTMENT OF PUBLIC WORKS
ROUTE SLIP
To The Following In Order Indicated
1. Gene Avery Initial
Date
Initial
2• Date
Initial
3. Da to
Initial
4' Da to
Prepare Reply = Note and Return
J= Note and File
Remarks:
= Information
The attached report to the Council regarding a public
sewer construction in Albemarle Street is given to
you for your attention.
From: Comsr.
rA
Date: Aug. 26, 1960