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CC MINUTES 09271977
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CC MINUTES 09271977
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4/19/2016 5:05:40 PM
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4/19/2016 5:05:39 PM
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35
SP Folder Name
CC MINUTES AND AGENDAS 1977
SP Name
CC MINUTES 09271977
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• opportunity to discuss their differences with Council members and staff. <br /> Mr. Fornell 's figures supported the $107, 652. 48 to be assessed to the <br /> property owners . Upon hearing no additional comments , the following <br /> motion was made. <br /> Motion by Councilman Sauer and seconded by Councilman Sundland to adopt <br /> Resolution 1977-047 setting the assessment rolls for Street Improvement <br /> Project 1976-1 as proposed and establishing an interest rate of 6% for <br /> any unpaid balance and repayment period of ten years . <br /> RESOLUTION 77-047 <br /> A RESOLUTION ADOPTING THE ASSESSMENT ROLL <br /> FOR STREET IMPROVEMENT PROJECT 1976-1 <br /> Motion carried unanimously. <br /> The meeting was recessed from 8: 56 p.m. and reconvened at 9 : 10 p.m. for <br /> a hearing on the proposed reassessments and apportionment of assessments <br /> for improvements made in 1960-1962 in the Apache Plaza and Diamond 8 <br /> area. <br /> John Drawz who had been appointed as a special counsel to the Council on <br /> this matter because the City Attorney had a -possible conflict of inter- <br /> est told those present how land divisions of the property in question <br /> which were not approved by the City had resulted in the County 's failure <br /> • to certify the assessments for improvements for collection. <br /> Several attorneys representing those whose property was being assessed <br /> gave their clients ' objections to the assessments . <br /> Loren Gross, 8609 Lyndale Avenue South, representing Mr. and Mrs . Edwin <br /> Beutz who recently replatted the property they purchased from the Apache <br /> Corporation in the manner required by the City, said there had been no <br /> legal papers discovered by him (which indicated there were any such <br /> assessments owing on the property) when he conducted a title search of <br /> the property. He also said he did not believe the previous owners were <br /> cognizant of the existence of such assessments when they sold the pro- <br /> perty to the Beutzes. He said the couple felt the additional $4 , 600 <br /> which the City is reassessing to this property really represented an <br /> addition to the purchase price which they might have not wanted to pay <br /> if they had known about its existence. <br /> Mark Jacobson, Suite 337, 7200 France Avenue ,South, presented the ob- <br /> jections of the Apache Corporation to the reassessment of their property. <br /> He felt the City was not following proper procedures set by the State <br /> for collection of such reassessed amounts. He did not believe the City <br /> had met any of the three conditions set by the State under which these <br /> amounts can be collected and he enumerated these. He contended that the <br /> City's failure to collect the assessments was a result of its own re- <br /> fusal to confirm to the County the property which was conveyed and recog- <br /> nized by the County Court. He then disputed the City 's contention that <br /> • <br /> (4) <br />
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