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RES 13-24RESOLUTION NO.: 2013,,24 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA A RESOLUTION ACCEPTING A PETITION FOR THE IMPROVEMENT Off` PORTION of JALGER AVENUE AND 1 oTH STREET. WHEREAS, the city has received a petition from property owners abutting portions of Jalger Avenue and I00th Street north of 95th Street CSAH 39, which is an existing rural section roadway with gravel surface, requesting preparation of a feasibility report to consider improvement of the public streets with a paved surface; and, WHEREAS, if the City orders the project in accordance with Section 6-4-3 of the City Code it would intend to assess benefited property of 'all or a portion of the cost of the improvement pursuant to Minnesota Statutes Chapter 429, Chapter 6, Section 4 of the City Code and adopted City policy regarding public improvement. project; and, WHEREAS, Section 6-4-3.A.1 of the city Code provides that public improvement projects may be initiated by petition of the owners of property benefited by the proposed public improvement; and, WHEREAS, there are eight owners of properties within the City of Otsego benefited by the proposed public improvement; and, WHEREAS, the petition received by the City requesting preparation of a feasibility report to consider the proposed public improvement project is signed by five (5) or sixty-three 63 percent of the owners of the properties within the City of Otsego benefited by the proposed public improvement; and, WHEREAS, Section -4-3.1.b of the City Code states that a petition by more than thirty-five 35 percent of the owners of the properties benefited by the proposed public improvement may be accepted and the project ordered by majority Vote of the City Council; and, WHEREAS, Section 6-4-4,A requires that the owners of property petitioning for the proposed public improvement shall enter into an agreement to pay all costs associated with consideration of the petition and preparation of the feasibility report; and, NOW, THEREFORE IT RESOLVED by the city Council of the City of Otsego that the petition requesting preparation of a feasibility report to consider a public improvement ent roject for portions of Jalger Avenue and I oot" Street is hereby accepted subject to the following stipulation; The owners of property petitioning for the proposed public improvement shall eater into an agreement to pay all costs associated with consideration of the petition and preparation of the feasibility report, which may be included in the assessment of the proposed public improvement project is ordered subject to review and approval by the City Attorney. MOTION BY. Darea.d SECOND BY: Weie ALL IN FAVOR: Stockamp, Darkenwald, Ware i o, Schroeder, Heidne THOSE OPPOSED: none ADOPTED by the City Council of the Cit} of Otsego this 13t" day of May, 2013. ATTEST: *4y Tami L.off, City Clerk CITY OF O SEGO