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82-046
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82-046
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5/8/2007 1:07:27 PM
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<br />. <br /> <br />. <br /> <br />What it really boils down to - is the property benefitted to <br />the dollar figure that is proposed to be assessed? That's where <br />reasonable people can differ. They'll have their appraiser, I <br />suppose, if they appeal, and the City will have its appraiser <br />plus its own engineer. The practical problem as to a reference <br />to Section 1983 of the U. S. Code, there hasn't been an assessment <br />appeal in Minnesota yet that's been sustained on that basis. <br />Maybe Jim and his associates have got some new theory of law that <br />I haven't run into at all before, but that particular allegation <br />doesn't bother me at all. As I said, this is where reasonable <br />attorneys will differ on a particular approach. <br /> <br />The Council should be mindful of the fact that these projects <br />were included as part of the bond issue that was sold. We've <br />covenanted with the bond holders and people who purchased the <br />bonds that we would have a valid assessment proceeding. Obviously <br />you can't issue bonds unless a minimum of 20% is assessed. Here <br />the figures were a little higher than 20%, but there is a portion <br />on general taxes as well. I haven't heard anything from any of <br />the protestants as to what they think is reasonable. Some of <br />them just said there is no benefit at all. That's a wide differ- <br />ence. There's no area of getting together there and only the <br />courts can determine that. The popham firm, on the other hand, <br />has indicated some desire to meet with the City staff and the <br />Council and I presume that's in the nature of trying to determine <br />what percentage should be charged, so at least there is a tacit <br />admission that there is some benefit. If that is not the case <br />and I read you wrong, then you've got to tell us if there's no <br />benefit at all - not even 20% benefit - and then we can go from <br />there and it's just going to have to be fought in a court of law. <br />On the other hand, if he feels there is some benefit and the <br />difference is something between the 85% that we've assessed and <br />something over 20%, we should know that too. But there hasn't <br />been any indication from them as to what they consider to be <br />some benefit. Maybe, in wanting to sit down, some offer of <br />compromise might be made and I know they don't represent all of <br />the objectors but if there's a pattern to be set up, then it's <br />probably a pattern that would apply to all of those similarly <br />situated. <br /> <br />Other than those general comments, you may wish to hear <br />from the engineer as to how he arrived at the figures and where <br />he feels the benefits might be. This is really not an adversary <br />position - the purpose of the assessment hearing is to hear <br />their comments and then take them under advisement. The give <br />and take, or cross examination, or proof - that doesn't belong <br />at the assessment hearing at all. The Council could, if it <br />wishes, adopt the assessment roll tonight as is or we could move <br />to continue it and then set it for a date sure. The purpose of <br />that would be to do whatever further checking you may want to do. <br />The Council could do that. All I suggest is that if you decide <br />to take that approach and lay the matter over to a date certain, <br />that we do it so that there's sufficient time that once the <br />assessment roll is adopted, that 30 days will elapse for anybody <br />that wishes to prepay their assessments, because we must have <br />that 30 days elapse before October 10 or we can't certify to the <br /> <br />9 <br />
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