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<br />, . <br /> <br />. <br /> <br />I <br /> <br />it, but was unable to have the publication of the Notice stopped, <br />and <br /> <br />WHEREAS, the Council declared the public hearing on the <br />Improvement to be superfluous and unnecessary, and <br />WHEREAS, the last paragraph of replacement Resolution No. <br />85-38 (adopted by the Council on August 26, 1985) had a <br />contingency that the City Engineer need not commence preparation <br />of the plans and specifications until the City had first received <br />a written agreement from Petitioner Gerald L. McGuire that he <br />would reimburse the City for all costs and expenses incurred in <br />the preparation of the plans and specifications if he should ever <br />not proceed with or abandon his Edgewater Estates project, which <br />condition was met in the August 26, 1985 letter of Thomas Zappia, <br />Petitioner Gerald L. McGuire's attorney, <br />NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL <br />OF THE CITY OF ARDEN HILLS, MINNESOTA that the contents of <br />replacement Resolution No. 85-38 adopted by the City Council on <br />August 26, 1985 be reiterated herein just as though they were <br />fully set forth herein except that the aforementioned condition <br />in the last paragraph thereof be hereby deleted. <br />The motion for the adoption of the foregoing resolution <br />was duly seconded by Councilman Sather and, upon vote being taken <br />thereon, the following voted in favor thereof: All; and the <br />following voted against the same: None; whereupon said <br />resolution was declared duly passed and adopted. <br /> <br />- 3 - <br />