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• <br /> He said only Apache might have known about them and frequent changes <br /> in-the personnel of that organization might have prevented them from <br /> having such knowledge when they sold the property to the Beutzes. <br /> Mr. Gross insisted he, as a representative for Mr. and Mrs. Beutz, "did <br /> everything reasonable to assure the title to the land was clear before <br /> they purchased it" . He questioned the City' s right to reassess the <br /> property by citing the case of Rose Realty versus City of Roseville <br /> which he said had established the fact that "A good faith purchaser <br /> can' t be held responsible for the assessments they are not aware of" . <br /> He agreed with Mr. Odlaug that "because some City employees had failed <br /> to follow through on the collection of the assessments, the City was <br /> trying to shift the problem to the innocent Beutzes who did all they <br /> reasonably could do .to search the title to the property before they <br /> bought and who will now have to incur substantial legal expenses, even <br /> if vindicated" . Mr. Gross further contended an Attorney General 's <br /> opinion of 1949 had established that "unless a village attorney de- <br /> termines an assessment is invalid, the City does not have the power <br /> to assess" . He concluded by saying "this steamroller attempt to <br /> collect now is not 'Hoyle ' from the standpoint of the law" . <br /> • When the question was raised regarding which specific Apache corporation <br /> held title to the Beutz property when they bought it, Mr. Gross said <br /> an agreement had been reached with the City Attorney to accept the <br /> Apache Realty Company as owner of record for purposes of transferring <br /> the property although there was no conclusive evidence that such was the <br /> case. <br /> Councilman Stauffer said she nevertheless felt that whichever "Apache <br /> Corporation" owned the property when the improvements were made also <br /> would have had knowledge of the assessments . <br /> Mayor Miedtke pointed out that the City had the option of either not <br /> spreading the assessments to the properties which enjoyed the improve- <br /> ments or approving the resolution which would reassess and reapportion <br /> the costs of the those improvements . He felt the latter course should <br /> be followed in justice to the other property owners who had paid their <br /> fair share of the improvements costs and were under the impression that <br /> others whose property was enhanced by the same improvements had also <br /> paid their share of the costs . <br /> Motion by Councilman Stauffer and seconded by Councilman Haik to adopt <br /> Resolution 77-048 as well as the assessment rolls it establishes and <br /> set a rate of 8% interest to be .applied to the unpaid balance as well <br /> as a repayment period of 10 years. <br /> (2) <br />