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. City of Arden Hills Keithson Drainage Improvement Objections to Proposed Assessment Summary and Response July 27. 1992 James C. and Joan D. Anderson (4522 Keithson) 1. The improvement has been in existence for four years. Findinq: This improvement will not exist until it is constructed, and has not been in place for four years. Regardless, a special assessment is levied onto a property based upon the benefit the associated improvement provides, not the timing of construction. lA. The City has been negligent and should assume liability. Findinq: A special assessment is levied onto a property based upon the benefit the associated improvement provides. Allegations of negligence do not affect the determination of this benefit. 2 . The City should pursue all other funding alternatives for the improvement before assessing. . Findinq: A special assessment is levied onto a property based upon the benefit the associated improvement provides. Other funding alternatives do not affect the determination of this benefit. 3 . The City has been arbitrary and biased in selecting those to be assessed. Findinq: judgment selected Those properties that in the Council's benefit from the improvement have been for assessment. 4. The City has not followed prior practice in determining which parties are to be assessed. Findinq: The City's prior practice has been to assess for improvements based upon the benefits they provide. In this case, the same practice is being followed. 5. The fair market value of the property assessed will not be increased. . Findinq: It is the City's judgment that the benefit provided by the improvement exceeds the amount of the assessment. Page: 7