Res 71 - 406 Approving Settlement of Appeal from Assessments for Highland Heights South ImprovementsVillage of Mendota Heights
Dakota County, Minnesota
RESOLUTION N0. 406
RESOLUTION APPROVING SETTLEMENT OF APPEAL
FROM ASSESSMENTS FOR HIGHLAND HEIGHTS SOUTH
IMPROVEMENTS (IMPROVEMENT NO. 68, PROJECT 5)
WHEREAS, certain of the property owners situated in the area known as
Highland Heights South Subdivision in the Village have appealed from
the assessment heretofore levied by resolution of the Village Council
adopted on November 5, 1970, for the Highland Heights South improve-
ments (Improvement 68, Project No. 5), and
WHEREAS, in said appeal said appellants have contended that said
assessments were in error and incorrect with respect to their
property and all property situated in said Highland Heights Sub-
division, and
WHEREAS, in order to compromise and settle the appeal of said land-
owners, the Village Attorney, at the request of the Village Council
and on behalf of the Village, has entered into a stipulation for
settlement of said appeals with the attorney for said landowners,
and
WHEREAS, said stipulation for settlement provides as follows:
1) The assessment roll for said Improvement 68; Project
No. 5 heretofore adopted by resolution of the Village
Council on November 5, 1970, shall be amended and corrected
in its entirety so that as so amended and corrected said
assessment roll shall be as more particularly set forth
on Exhibit A attached thereto, and
2) The Village Council shall forthwith proceed to adopt
said corrected assessment roll including with respect
thereto the holding of any hearing the Village deems neces-
sary to effectuate the adoption of said corrected assessment
roll with the understanding that said corrected assessment
roll shall be considered an amendment to the assessment
roll dated November 5, 1970, and that interest on said
assessments as so corrected shall be deemed to commence
on November 5, 1970.
3) The first annual installment of principal and interest
relative to said assessments (pursuant to said assessment
roll adopted on November 5, 1970) heretofore certified by
the Village to the Dakota County Auditor for collection with
real estate taxes payable in the year 1971 shall remain as
is and shall be deemed the first annual installment (including
interest) of said special assessments determined under the
corrected assessment roll set forth on said Exhibit A.
The balance of said corrected assessments remaining after
the deduction for that portion of said first annual
installment constituting principal (of said corrected
assessments) shall be paid in eighteen (18) equal install-
ments except the balance of said assessments attributable
to street improvements shall be paid in nine (9) equal
installments together with one year's interest (at the rate
of 7% per annum) on the total of all unpaid installments
with general taxes for each consecutive year thereafter
until the entire assessment has been paid in full, and
WHEREAS, a copy of said stipulation for settlement has been presented
to the Village Council for its review, and
WHEREAS, the Village Council is of the opinion that said stipulation
for settlement is in the best interests of the Village,
NOW THEREFORE, IT IS HEREBY RESOLVED by the Village Council of the
Village of Mendota Heights, Minnesota, as follows:
1) That the Stipulation for Settlement relative to
said Highland Heights South Subdivision Improvements
(Improvement 68, Project No. 5) presented to this
meeting be and the same is hereby in all respects
fully approved, ratified and confirmed.
2) That the Village Attorney be and is hereby authorized
and directed to take any and all further steps necessary
to complete the settlement of said appeal and the adoption
of said corrected assessment roll.
Adopted by the Village Council of the Village of Mendota Heights this
16th day of March, 1971.
ATT
Village
VILLAGE COUNCIL
VILLAGE OF MENDOTA HEIGHTS
By &A � � Z& --- 4�
Robert G. Lockwood
Acting Mayor