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Ordinance No. 20183
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Ordinance No. 20183
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6/10/2010 3:49:40 PM
Creation date
1/14/2009 3:19:42 PM
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Council Ordinances
CMO_Document_Number
20183
Document_Title
Levying assessments for paving, curbs, gutters, sidewalks, wastewater, street lights, and street trees on Avalon Street from Terry Street to 2,700 feet west of Terry Street, and declaring an emergency. (Contract 98-17) (Job #3666)
Adopted_Date
12/6/1999
Approved Date
12/6/1999
CMO_Effective_Date
12/6/1999
Signer
James D. Torrey
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and the street. In response to another question, Ms. Cahill indicated that the proposed street trees <br />would be planted in the area between the sidewalk and the street. <br />The next member of the public to speak was Mr. Kevin Hicks, of 1341 Adman Loap. Mr. <br />Hicks indicated that he had spoken with Mr. Art Picullel concerning the assessment. Mr. Hicks <br />indicated that he was upset about being responsible for the assessment when the only notice of the <br />potential assessment was sent out to the previous owner. Mr. Hicks indicated that the escrow <br />papers that he had signed did not give any indication that he would be responsible for any <br />assessments. <br />Mr. Hicks also had some specific questions about his property. Mr. Hicks asked about the <br />property line at the corner of his lot, which formed the corner at the street intersection, and a pipe <br />that was apparently installed on his property. Ms. Cahill discussed these matters with Mr. Hicks, <br />providing some information, and offering to provide mare later. <br />Mr. Hicks produced his escrow papers, and read portions of them. After a discussion of <br />some of the terms, Ms. Cahill, Mr. Hicks and the hearings official agreed that the documents did <br />not provide any mention of the pending assessment, nar any guarantee that the developer would <br />provide support for later payment of an assessment. <br />Mr. Hicks expressed his dissatisfaction with the process. He testified that his family had <br />carefully budgeted when the made the decision to buy this house, and that the proposed assessment <br />was a rude shock that overturned their planning. As much as the amount of the proposed <br />assessment, Mr. Hick indicated that he objected to the unfairness of the process that allowed <br />homeowners to purchase property subject to the assessment without notice. <br />Ms. Cahill responded that the City had been making attempts to provide notice. In addition <br />to notifying the property owner at the time the local improvement district was setup that the <br />assessment would be made later, the City attempted to provide notice and information to real estate <br />agents, title companies and others who might be able to pass the word along to prospective buyers. <br />Ms. Cahill also explained that the City must look to the property owner at the time the assessment <br />is made, and that any owner claim against the developer or previous owner is a civil matter. <br />Mr. Hicks and Mr. Sprague mentioned that another problem they had with the proposed <br />assessment is that Avalon Street is of little use to their property. They explained that their street <br />access is to Adelman Loop. Ms. Cahill acknowledged that the properties along this section of <br />Avalon street da have their primary access to Adelman Loop. However, Avalon does provide <br />alternate access to each of the properties, and the improved street increases emergency access to <br />the development. Mr. Sprague also indicated that he wished that the improvements had been made <br />more quickly. He indicated that the street lights which had just been turned an might have been <br />mare useful earlier in the year when there had been problems with people racing up and down <br />Avalon and parking at the end of the street. Ms. Cahill acknowledged that the improvements <br />might help deal with such problems, and explained that the improvements had been made as <br />quickly as possible. <br />Minutes -November 17,1999 Public Hearing Page 3 <br />
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