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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 r . y 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") r� 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