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MEMORANDUM <br /> <br />To: Ramsey City Council <br /> <br />From: William K. Goodrich, City Attorney <br /> <br />Re: Options relating to the Industrial <br /> 86-22 <br /> <br />Date: 3anuary 6, 1997 <br /> <br />Area Utilities, Improvement <br /> <br />Project <br /> <br /> City Administrator HartJey has requested that I prepare this memo for <br />your consideration relating to the proposed Industrial Area Utilities Improvement, <br />Project No. 86-22. <br /> <br /> As you know, the City has received a petition from at least 50% o! the <br />benefited property owners proposed to be assessed for this improvement. This <br />petition appears to be proper in form and timely filed. Therefore, because of <br />City Charter Section 8.05.01 and 8.0~.0~ the Council may not vote on the same <br />improvement within one year after the hearing on said improvement. <br /> <br />The following would seem to be the City's options at this time: <br /> <br />Drop the improvement project entirely. <br /> <br />Amend the scope of the project so that it is no longer the "same impro- <br />vement'' and start a new improvement project. This could be done by cut- <br />ting back on one or more phases of the present project, or increasing its <br />phases, such as adding laterals. Such an amendment is necessary even Lf <br />the Council chooses to finance the project under Chapter t~ of Minnesota <br />Statutes as outlined in City Administrator Hartley's memo addressed to <br />you dated November 17, 1986. This is true because Section 8.05.0q of <br />the Charter which states: <br /> <br />"When a proposed improvement is disallowed under the fore- <br />going sections, the Council shall not vote on the same improve- <br />ment within a period of one year after the public hearing <br />on said improvement." <br /> <br />if the Council elects to proceed with an amended project and finance the <br />same pursuant to Chapter ~, the following irfformation is applicable: <br /> <br />a. in effect, the City would be entering into the utility business whereby <br /> user fees would be used to defray operating expenses. <br /> <br />b. General obligation bonds would be sold, which would be payable from <br /> taxes or from net revenues derived /rom water or sewer service and/or <br /> availability charses. <br /> <br />c. The use of Chapter tdt~ would be by simple majority resolution of the <br /> City Council. However, City Charter Chapter 11 entitled "Public Owner- <br /> ship and Operation o! Utilities" does require that an ordinance be adopt- <br /> <br /> <br />