04/24/1978 Meeting - Laserfiche WebLink

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~ ClT~ r-,cE' Assessment Panel Hearing i~i'- :, ~: iJ 4'- Ii April 17, 1978 ~.M.;" . 7'8,9,1"!11112'112J3,4,~:6 Present: Council members Bradley and lieua11en, City Engineer Teitzel jI. A. C.B. 1652--Levying assessments for paving Country Club Road from Valley River Way to Delta Highway (1327--76-62) No written protests or requests to be heard were received. Recommendation: Levy assessment as proposed B. C.B. 1653--Levying assessments for 1/2~ levy on Various Planned Unit Developments and property not previously assessed (76-1008) Requests to be heard were received from Robert Scholl, representing Joseph W. Green, and Wesley C. Dodge, representing First Free Methodist Church. Mr. Teitzel explained that this assessment was being levied by authority of Section 7.180 of the Code. He stated that this is an assessment of 1/2~ per square foot which is levied against property'annexed to the City after 1949. He further stated that generally this levy is assessed at the time lateral sewers are installed, however, since the advent of Planned Unit Developments some areas have been missed and have not been assessed for this cost. He. stated that this assessment is an attempt to catch up and that the city is presently trying to instigate a program to catch these areas at the time of hookup to the sewer system. ~ Robert Scholl, representing Joseph Green, spoke stating that Mr. Teitzel had answered some of the questions he had regarding this assessment, however, he felt it would have been more appropriate to assess the original owners of the property rather than using the arbitrary system he felt was used in assessing the present owner. He further stated that he wondered if this was not an encumbrance upon property that should be picked up by title insurance companies. Mr. Teitzel answered that the City has no way of assessing the original owners of the property, that the assessment can only be levied against the property, and since there was no lien, title companies would have no way to locate this encumbrance. Mr. Scholl stated that he felt there should be some statute of limitations on this type of charge. Wesley Dodge, representing the First Free Methodist Church, spoke stating that because of the length of time between the installation of the trunk sewers in the area and this assessment he felt the. responsibility for this cost should go to the City. He stated that the original owner of the property reaped the benefit of an increased valuation to the property because of the improvement without having to pay the levy and further reaped benefit when the property was sold. He stated that he was not questioning the ordinance but the fact that so much time has elapsed. He felt that due to the length of time from improvement to assessment that unless there was a concrete reason for the delay the City should bear the responsibility. Recommendation: Levy assessment as proposed, however, further recommendation that the opinion of the City Attorney be obtained with regard to any legal time limitations. . 1" \~