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� MINUTES OF TAE REGOLAR 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 /> sign up for only $10-12 , 000 the general tax payer has <br /> to pay the remainder of that project cost. Malkerscn <br /> stated that the court will want the City to prove <br /> thiough 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 has 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 and 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 service. <br />