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MINUTES <br />CITY COUNCIL <br />OCTOBER 24, 1995 <br />that the contract with Valley Paving has a liquidated <br />damages clause. If the City can establish a case under <br />either of this provision and collects damages, Fahey <br />was of the opinion that those damages should be <br />returned to the property owners who have borne the <br />brunt of the inconvenience throuqhout the project. <br />Fahey further commented on the assessment appeal filed <br />against the City for the Vanderbie/Al1en project. <br />Fahey noted that the City's assessment policy was <br />upheld by the District Court. Fahey stated that it is <br />the Council's obliqation to develop a policy which is <br />fair and reasonable. The assessment policy was <br />scrutinized by a district court judge and upheld. The <br />policy provides that almost 60% of the project is paid <br />by the City through general taxation with the balance <br />being assessed against benefiting property owners. <br />Fahey believed that policy to be fair. <br />Fahey stated that he cannot satisfy the property owners <br />complaints about the project not being done. The final <br />lift will be put on the street next year. It is <br />typical in these types of projects to let the street <br />settle through one freeze/thaw cycle. Any street <br />sections which deteriorate over the winter will be <br />repaired, and the final lift then put on. Payment will <br />be withheld from the contractor until the final lift is <br />on. <br />Frank Frison reported that Rocky Waite intends to <br />appeal his assessment to District Court. Frison also <br />reported that there may be other neighbors who join in <br />on the appeal. Frison asked if interest will accrue on <br />the assessment amount if that assessment is appealed. <br />The City Attorney reported that in order to appeal an <br />assessment, the property owner must object in writing <br />this evening. Once that objection is submitted, the <br />property owner must within 30 days serve notice on the <br />Mayor or City Administrator of the appeal and then file <br />that appeal in District Court within 10 days. In the <br />meantime, the City will levy the assessment against the <br />property. If the property owner prevails in court, the <br />assessment amount is refunded. However, regardless of <br />whether an appeal is filed or not, the assessment is <br />levied against the benefitting properties. <br />Fahey noted that it would be within the Court's <br />authority to lower the assessment amount. Fahey felt <br />the Court will approve the assessments given the <br />precedent which has already been set. Fahey again <br />noted the District Court's review of the City's <br />6 <br />