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MINUTES OF THE REGULAR COUNCIL MEETING HELD SEPTEMBER 10, 1984. PAGE 15 <br />PAUL SMITH City Attorney Malkerson asked if Smith was willing to <br />pay the benefit and sign an agreement with the City <br />that says he will pay special assessments. <br />Lou Oberhauser stated if the assessments were <br />reasonable he would be willing to sign. <br />City Attorney Malkerson stated if the City lays out <br />$34,000 for the project and then Smith is willing to <br />si4^ up for only $10-12,000 the general tax payer has <br />to �y the remainder of that project cost. Malkerscn <br />stated that the court will want the City to prove <br />through testimony that the property value went up <br />$34,000. Malkerson stated that Smith suggested <br />putting in the holding tank sometime in the past. <br />Paul Smith stated that he has wanted to put sewer and <br />water in for a long time. <br />Mayor Butler stated that the Council had approved the <br />holding tanks for the Smith property and that they were <br />never installed and so the Council would like to <br />proceed. <br />Councilmember Frahm stated that Smith tics had many <br />opportunities to negotiate this with the Powers and <br />that there has always been an excuse holding up the <br />installation and that sewer and water should be <br />installed now. <br />Councilmember Frahm moved, Mayor Butler seconded, to <br />call for plans and specifications for the City project <br />to install municipal sewer and water lines to the Smith <br />property and for staff to start condemnation of <br />easements ar.d to commence hazardous building <br />proceedings requesting that the court order that the <br />building is inhabitable due to inadequate and poorly <br />functioning sewer facilities. <br />There was more discussion after the motion. <br />Oberhauser stated that the City is avoiding the issue. <br />Oberhauser stated that the City made a mistake in 1963 <br />when they installed the sewer and water and did not <br />include the Smith property. Oberhauser stated that <br />Smith should not have to pay the whole assessment <br />because the City made a mistake before. <br />City Attorney Malkerson stated that there are not <br />facts in the record to justify the conclusion that the <br />City made a mistake in 1963. Malkerson stated that <br />some of the sewer projects in the past when the City <br />would come upon a property that was difficult to <br />service that the property owner would sometimes say <br />they didn't want sewer and water ser-ice. <br />