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CCP 08-31-1992
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CCP 08-31-1992
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<br /> .. <br /> City of Arden Hills <br /> Keithson Drainage Improvement <br /> Objections to Proposed Assessment <br /> . Summary and Response <br /> July 27, 1992 <br /> James C. and Joan D. Anderson (4522 Keithson) <br /> l. The improvement has been in existence for four years. <br /> Findinq: This improvement will not exist until it is <br /> constructed, and has not been in place for four years. <br /> Regardless, a special assessment is levied onto a <br /> property based upon the benefit the associated <br /> improvement provides, not the timing of construction. <br /> lA. The City has been negligent and should assume <br /> HabiH ty. <br /> Findinq: A special assessment is levied onto a <br /> property based upon the benefit the associated <br /> improvement provides. Allegations of negligence <br /> do not affect the determination of this benefit. <br /> 2 . The City should pursue all other funding alternatives <br /> for the improvement before assessing. <br /> Findinq: A special assessment is levied onto a <br /> property based upon the benefit the associated <br /> . improvement provides. Other funding alternatives <br /> do not affect the determination of this benefit. <br /> 3. The City has been arbitrary and biased in selecting <br /> those to be assessed. <br /> Findinq: Those properties that in the Council's <br /> judgment benefit from the improvement have been <br /> selected for assessment. <br /> 4. The City has not followed prior practice in determining <br /> which parties are to be assessed. <br /> Findinq: The City's prior practice has been to <br /> assess for improvements based upon the benefits <br /> they provide. In this case, the same practice is <br /> being followed. <br /> 5. The fair market value of the property assessed will not <br /> be increased. <br /> Findinq: It is the City's judgment that the <br /> benefit provided by the improvement exceeds the <br /> amount of the assessment. <br /> . <br /> Page: 7 <br />
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