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83-045
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83-045
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<br />. <br /> <br />. <br /> <br />carrying charge that we discussed earlier, with the normal <br />rights of prepayment. As to the error that Mr. Christoffersen <br />brought to your attention - that's not unusual for something <br />like that to happen because of the very nature of the lots. <br />I advised the Clerk's office today to notify the Branches and <br />they're here this evening so they've received actual notice. <br />The purpose of assessment hearings is to give notice to <br />people - they're entitled to get both written notice as well <br />as the published notice in order to satisfy the due process <br />requirements under the federal and state constitutions. I <br />thought if they were here and voice whatever objection they <br />have to the Council - obviously when you didn't get anything <br />in the mail, you didn't think you were going to be assessed, <br />but it's obviously an error that one lot should have the <br />assessment taken off and added to another lot. The rule on <br />assessment hearings is that you don't increase proposed <br />lot assessments to something different from the assessment <br />roll, but if you'll look at the notice - the people receive <br />a notice that there's an assessment roll on file and you can <br />come up and take a look at it - and for someone to have an <br />assessment and then if you were to increase it at the <br />assessment hearing - you should really do that after giving <br />another notice. So that's why the Branches are here - they <br />got their actual notice so that they're here. Hopefully we <br />can go ahead tonight and adopt the assessment roll. If <br />there were any violent objections, the only other thing we <br />would do is eliminate the lot that received the assessment <br />that shouldn't have it and hold a supplemental assessment <br />hearing two weeks from now and we'd be right back here as we <br />are tonight. That's the reason I made the suggestion that <br />the Branches come to the meeting tonight. They receive the <br />benefit and they don't have any other meritorious objections <br />to the assessment - then obviously we could add that to the <br />assessment roll tonight and certify the whole assessment, <br />without the necessity of going through another publication - <br />only as to that one parcel. As to the remaining parcels, <br />we can certify that one tonight. Maybe that's a little <br />involved as to the procedural part, but in view of the fact <br />that the error was caught timely today - they didn't get <br />written notice but they received actual notice so the due <br />process requirements have been met and they are here. <br /> <br />MAYOR WOODBURN: Mrs. McNiesh, are there any written <br />objections or comments? <br /> <br />MRS. McNIESH: None, you Honor. <br /> <br />MAYOR WOODBURN: I will open the hearing then to <br />comments from the audience. Are there any comments from the <br />audience? <br /> <br />MRS. KATHY BRANCH, l4l5 West County Road E: We <br />received notice of this at approximately 5:05 today. At <br />the last meeting that concerned this road - we did not <br /> <br />-3- <br />
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