Laserfiche WebLink
• <br />a. Describes the proposed cartway; <br />b. Sets a date and time for a hearing; <br />c. Contains the statutory notice to affected landowners; and <br />d. Orders the petitioner to personally serve those landowners, and post notice of the <br />hearing at least ten days before the hearing. <br />4. Decide whether a bond or other security has to be filed by the Petitioner for the total <br />estimated damages before further action is taken. The resolution includes the requirement <br />to establish an escrow in the amount of $5,000. The petitioner will be responsible for all <br />costs incurred by the city. <br />The petitioner is then responsible for serving notice to all property owners including the <br />association. <br />The council then conducts a hearing on the cartway to hear from all interested parties. <br />Following completion of the hearing the council makes the final decision on the location of the <br />cartway and damages, if any. Damages may include compensation to the land owner(s), costs <br />and expenses incurred by the city, and annual maintenance costs. <br />Because the road is already in place no construction is necessary. However the council if so <br />established may designate the cartway as a private driveway for which no City funds will be <br />extended. <br />The Council's decision on the damages is to be filed with the City Clerk, who then has seven <br />days to notify the petitioner. A certified copy of the Council's order establishing the cartway <br />must be filed with the County Recorder. The Council's decision may be appealed within 30 days <br />to the district court. <br />Resolution No. 12 -29 sets the date for the hearing on April 23, 2012. <br />RECOMMENDATION <br />Staff is recommending approval of Resolution No. 12 -29 Calling for a hearing to establish a <br />cartway. <br />ATTACHMENTS <br />1. Resolution No. 12 -29 <br />2. Location Map <br />2 <br />