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<br />. <br /> <br />. <br /> <br />4 <br /> <br />MR. POPOVICH: We're just going to levy the $47,000 <br />against the whole plat, but the reason I brought it up, <br />as those records clear we would have to make those apportion- <br />ment resolutions. My own feeling is - obviously the house is <br />getting some water and sewer now from a previous improvement., <br />but it. does get the benefit of a second stub in case anything <br />happens there and the benefit of the street part and to <br />say that it's not getting any benefit at all, you know you <br />have to stretch it a little because there's bound to be some <br />benefit and it may very well be that you may wish to say <br />we will not assess for sewer and water (inaudible) give them <br />the stub assessment and street assessment and spread the <br />rest equally over the four. But if 'you feel there is no benefit <br />at all,' then it's up to the O'ther four, but that's a fact <br />question you have to resolve in your own minds. If. next week <br />the one comes through where the house is, you have to make a <br />decision if anything goes against. it. If nothing, it's zero <br />to the house and there's no way to pick it up again. I just <br />thought that we ought to discuss it tonight. The land owner <br />is here and the engineer, not that you have to make a firm <br />and fast decision tonight, but by the same token, some input <br />tonight would make it easier a week or two or three from now. <br /> <br />MR. DONALD LAMB: I'd like to ask tw.o questions - the <br />property owners or the entire - all those parcels (inaudible) <br />was the one that asked for' the improvement, is that correct, <br />and that included that second parcel. Secondly, isn't it <br />possible that if all of the value is assigned to four pieces <br />of property that anyone of those could bring action when you <br />have already waived it on two and say we didn't benefit that <br />much as four as one-fourth of the total amount. <br /> <br />MR. POPOVICH: SO far as an appeal later by anyone, <br />obviously they have to appeal within the statutory period <br />which would be within 30 days from tonight and within 30 days <br />after you apportion it out later, so you have three or four <br />more times that somebody could challenge it at a later point <br />and, of course, that's one of the arguments they could make - <br />is the benefit argument that they're being assessed too much <br />for the benefits that are involved and it's very clear there's <br />some benefit to that property. <br /> <br />The trick used to be in the old days where you had a big <br />plat and the land developer would say, assess these and not this. <br />We have had a lot of history in the past wheres the ones that <br />had no assessments sold and the ones that had the assessments <br />went delinquent. As your advisor I have to tell you the worst, <br />and obviously when you overload some lots on benefits and <br />don't give some assessments to the other, if there were a <br />default later on, you're looking for less to get it all from. <br />I don't know if that's going to happen. Mr. Sundburg is here. <br />