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09-10-1984 Council Minutes
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09-10-1984 Council Minutes
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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 f rom starting the 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 City made in 1963 . <br /> Oberhauser stated that the City should install the <br /> sewer and water and assess the maximum benefit 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 Malkersonstated 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 would cost to do <br /> an easement condemnation. <br /> City Attorney Nalkerson 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 Malkersonstated that two motionsshould <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 /> Oberhauser, Smith and Widmerleft the CouncilChambers <br /> at 9 •15 to confer. Mayor Butler closed the public <br /> hearing at 9 : 15 p.m. <br />
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