11-26-1984 Council Packet - Laserfiche WebLink

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At the same time, the Council may well find it appropriate and necessary to serve the public health, safety, and welfare to obtain this easement, particularly in light of the placement of certain fire hydrants. This would be a matter for the Council's discretion. As the Council is aware from prior special assessments, the state statute provides that special assessments made for a public improvement of any character may be levied on the owner of abutting property or benefited property for that benefit which is different from the general benefit which the owners enjoy in common with the other inhabitants or citizens of the municipality. The benefits conferred are at least full compensation for the expense imposed upon the person assessed, thereby resulting in no pecuniary lose. The whole theory of special assessments is that the improvements for which they are levied afford remuneration in the way of benefits. The test, when determining the validity of a particular assessment, is whether the assessment exceeds the special benefit to the property. Here, the assessment would be approximately $315 per lot. The Friedes have indicated that all of the abutting landowners would be interested in seeing the City obtain a public easement and that all but one of those would be willing to participate in the expense, as long as the expense is reasonable and would not exceed $100 to $200 per property owner. Administrative and legal expenses would also have to be added to this cost estimate. RECOMMENDATIONS The Council should consider the following issues: and 1. Whether the public easement should be obtained; 2. Whether the cost of the easement should be borne by the Friedes or assessed to all benefited property owners. Mr. Judd will be appearing at the Council Meeting on behalf of the Friedes to discuss the matter and answer any questions you may have. TJR/dd/0181F -3-