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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 get service. <br />Councilmember Adams returned to the Council meeting <br />at 9:00 p.m. <br />Paul Smith stated that he had a contractor ready to <br />install the holding tanks and then the City went and <br />stopped the contractor from starting the job tw,, days <br />before the contractor was to start. <br />City En"ineer 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 City made in 1963. <br />Oberhauser stated that the City should install the <br />sewer and water and assess the maximum benef it back to <br />Smith, but that Smith should not have to pay for the <br />whole assessment because of the City's mistake. <br />City Attorney Mal kerson 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 />Councilmember Frahm asked how much it ould 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 Atturney Malkerson stated that twomotions should <br />be made. Malkerson stated that one motion would deal <br />with the hazardous building proceedings and the other <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 />Oberhausei , Smith and Widmer left the Counci 1 Chambers <br />at 9:15 to confer. Mayor Butler closed the public <br />hearing at 9- 15 p-m. <br />