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MINUTES OF THE REGULAR COUNCIL MEETING HELD SEPTEMBER .10, 1984. PAGE 16 <br />PAUL SMITH Oberhauser stated that the record speaks for itself. <br />Oberhauser stated that Smith's property should have <br />been sewered since it was the best candidate on Casco <br />Point to yet service. <br />Councilmember Adams returned to the Council meeting <br />at 9:00 p.m. <br />Paul Smith stat^d that he had a contractor ready to <br />install the holding tanks and then the City went and <br />stopped the contractor from starting 1-he job two days <br />before the contractor was to start. <br />City Engineer Cook stated that the easements had not <br />been acquired and an agreement was not reached with the <br />Powers. <br />Oberhauser stated that the City should solve the <br />problem because of the mistake the C4ty made in 1963. <br />Oberhauser stated that the City should install the <br />sewer and water and assess the maximum benef i t back to <br />Smith, but that Smith should not have to pay for the <br />whole assessment because of the 'ity's mistake. <br />City Attorney Malkerson stated that the acquisition of <br />easements is an assessable cost. Malkerson asked if <br />Smith is willing to sign an agreement with the City to <br />assure payment for the assessments. <br />Counci lmember Frahm asked how much it would cost to do <br />an easement condemnation. <br />City Attorney Malkerson stated approximately <br />$3-4,000. <br />Councilmember Frahm revised his original motion, now <br />moving to commence hazardous building proceedings <br />requesting that the courts declare the building <br />uninhabitable due to inadequate sewer facilities and <br />for Smith to sign an agreement with the City which <br />would state that within so many days of the <br />condemnation of easement that the sewer and water will <br />be installed. <br />City Attorney Malkerscnstated that t.wo motions should <br />be made. Malkerson stated that one motion would deal <br />with the hazardous bui ldling proceedings and the othWr <br />directing staff to obtain an appraiser. <br />Mrs. Powers stated that they would sign a right -of - <br />entry agreement so that the installation could <br />commence. <br />Oberhauser, Smith and Widmer left the Council Chambers <br />at 9:15 to confer. Mayer Butler closet! the public <br />hearing at 9: 15 p.m. <br />