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<br />.," <br /> <br /> <br /> <br /> <br />I" <br /> <br />LAW OFFICES OF <br /> <br />Rurle tllla Rtlwlills <br /> <br />JOHN M. BURKE <br />WILUAM G. HAWKINS <br />THOMAS M. FITZPATRICK <br /> <br />SUITE 101 <br />299 COON RAPIDS BOULEVARD <br /> <br />COON RAPIDS. MINNESOTA 5&433 <br /> <br />PHONE (612) 784-2998 <br /> <br />September 3, 1985 <br /> <br />Debra Gonsior, Clerk <br />Centerville City Ball <br />1694 Sorel Street <br />Centerville, MN 55038 <br /> <br />Dear Debbie: <br /> <br />This letter is written in response to the Council's request for <br />information contained in your letter of August 24, 1985. <br /> <br />The first question concerns my professional opinion on the <br />chances of the City recovering funds through a lawsuit against <br />the City Engineer. The question of whether or not the City <br />would be able to collect against the City Engineer depends on <br />whether or not they failed to exercise the due care in designing <br />and/or inspecting the road construction. For us to make a <br />determination of whether or not such a lawsuit would be <br />successful, it will be necessary for a complete review of all <br />correspondence, plans and specifications, council actions and <br />other relevant items that took place before and during the <br />construction of these roadways. Furthermore the question of <br />whether or not the action taken by the Engineer was negligent <br />should be supported by another reputable engineering firm. <br />Unless the City Council authorizes such a detailed investigation <br />and retaining a consulting engineering firm whom could provide <br />us with a professional opinion concerning the actions of the <br />City Engineer, we do not feel we are capable of giving you an <br />informed opinion ort such a question. If the Council wishes to <br />discuss further the steps necessary and the possible costs to <br />make such determination we would be happy to meet with them. <br /> <br />The second question concerns the bonding limitations of the <br />City. The bonding limitations established by statute restrict a <br />City from having a net debt in excess of seven and one-third <br />(7-1/3%) per cent of the assessed valuation of the City. Net <br />debt does not include bonds issued which are wholly or partly <br />payable from the proceeds of special assessments. I do not <br />believe the City at the present time has any outstanding bonds <br />which would be considered in the net debt calculations. If <br /> <br />I <br />I <br />I <br /> <br />_J <br />