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►��-�c�-c� a�� <br /> � <br /> POPHAM, HAIK, SCHNOBRICH, KAUFMAN & DOTY, . � } �� <br /> i <br /> MEMORANDUM <br /> TO: Michael P. Gaffron <br /> Assistant Planning & Zoning Administrator <br /> FROM: Kathleen A. BlatZ <br /> City Attorney <br /> RE: City Policy Regarding Sewer Assessment and Connection <br /> Charge - 1290 Loma Linda Avenue <br /> DATE: April 13, 1987 <br /> Issue Presented <br /> You have inquired as to what would be a fair, <br /> reasonable, and legal sewer connection charge to collect when <br /> the property at 1290 Loma Linda Avenue is connected to the <br /> municipal sewer system. <br /> Conclusion <br /> Based upon the facts as presented, the proper and <br /> legal connection fee would be �225. 00, plus the actual cost of <br /> extending a stub to serve the property. <br /> Analysis <br /> The situation illustrates the problems that arise when <br /> the city' s connection charge does not represent the full and <br /> fair cost of construction. From a fairness point of view, the <br /> connection charge should reflect the original assessment plus <br /> �225 . 00 since that is what the other properties were charged. <br /> However, since the city did not assess this unit at the time of <br /> the original assessment, the city cannot now assess that <br /> property, without proceeding according to Chapter 429 of <br /> Minnesota Statutes. Given the lapse of time since the original <br /> assessment, it is doubtful whether the court would allow such a <br /> reassessment . <br /> The city, however, does not have to finance the cost <br /> of extending a 90-foot stub to serve the property. <br />