HomeMy WebLinkAboutgr00090_000042_pg255September 13, 1976 Page 3
act to recover his attorney fees and appropriate relief - notice was not
properly given. If the assessment is adopted he would like to be notified
so he can have time to register and file appeals, which has to be done
within 20 days of the assessment adoption.
The consulting engineer reviewed the property and prepared an assessment
roll which has been on file in the City Hall since the day of the notice.
Engineer Hubbard explained that the ordinance says a lot shall have an
85 foot frontage with 11,000 square feet. The Dumas' lot has a 130 foot
frontage. They considered an 85 foot lot as one unit, so the Dumas' lot
is 1.58 units. They arrived at a typical lot in the 1973 -4 Improvement
Project and assessed the Dumas property for 1.58 units.
Administrator Achen further explained that a rate was established for the
various. improvements and the assessment was then figured on the basis of a
rate per unit.
Atty. Meyers explained where the road was brought down and through the
Mohr property. Mr. Mohr was assessed because he faced the road and would
be benefitted. Mr. Dumas appealed on the theory he did not abut the road.
The City obtained an easement on the 27 foot strip from the Mohrs. The
court said that the City routed the road to pick up the Dumas property on
the assessment. Atty. Meyers then reviewed a resolution he had prepared
in which the 27 foot strip of property, Exhibit A, would be declared as
surplus and conveyed to Dumas. The property would not be conveyed until
it is accepted by Dumas. If Dumas accepted the additional property they
would then have enough property to split their property into two lots.
Atty. Meyers stated he feels the court would sustain the assessment with
or without the conveyance of the property. If the court does not sustain
the assessment the City will have to collect the $8,000 through taxation
or reassess all of the parcels through the whole project to recover the
$8,000. In the future, either the Dumas or their successors to the property
may decide that they want to acquire this additional property and divide
the lot. Then the City could probably work out something on a negotiated
basis. The Dumas say that they like the property as it is and not having
anybody behind them, so they don't want to split the lot.
Mayor Pickar asked if the conveyed property would also be assessed? Atty.
Meyers stated it would probably be added on, but we did not compute the
additional property in the assessment. Mr. Dumas does not have to take
the property.
Councilmember Hodges stated he would go along with the Attorney on the
proposal to try and convey this land to the Dumas' and see if we can
work it out that way.
Councilmember Baumgartner stated we should make an effort to convey the
property to the Dumas'.
Councilmember Rowley stated she feels the same as the other Councilmembers.
MSP ( Pickar- Hodges) for the adoption of Resolution 754.
MSP (Hodges- Rowley) to adopt Resolution 755, a resolution which adopts the
assessment roll as proposed.
4 ayes
4 ayes