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1989-05-11 Minutes
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1989-05-11 Minutes
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1/5/2010 10:43:49 AM
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reader for the first time through.) <br /> 13. P. 45, last paragraph - if "assessed" is used in the general <br /> sense, perhaps "shall be borne,by" would be appropriate. <br /> 14. P. 46, #7 - you are by the language used in this item <br /> assuring an applicant that he or she will be fully educated <br /> as to all of the city's ordinances, policies, etc. It is <br /> in the interests of the city and of its land owners that <br /> the latter be aware of the city's land use ordinances, etc. <br /> However, you may wish to consider limiting your obligations <br /> under this item to make all such documents available to an <br /> applicant. Obviously, as part of the day -to -day operation <br /> of the city, city officials assist the residents in their <br /> efforts to comply with the city's plans and ordinances. <br /> However, to make that an obligation by a written policy <br /> may be construed as shifting the burden to the city that <br /> an applicant is fully informed. Thus, if an applicant <br /> fails to timely or properly complete his /her obligations, <br /> the city is at fault. <br /> 15. P. 48, #1 - the law requires that fair market value be paid <br /> for property condemned. To avoid any unjustified inferences, <br /> you should delete or qualify by adding "as determined by the <br /> parties or a court ". <br /> 16. P. 48, #3 - again, unjustified inferences may arise where <br /> the policy of the city is to provide such treatment and <br /> assistance to property owners. Indeed, you may be an adverse <br /> party to the property owner, particularly in the event of <br /> condemnation. Thus, you may be inconsistent, partial or <br /> inequitable in your treatment of a property owner. You <br /> may be precluded from rendering such "assistance ". This <br /> policy is if anything a goal; you may wish to delete it <br /> altogether. <br /> 17. P. 49, #4 and #5 - you may find these combined policies <br /> too restrictive. As you are aware, when a political unit <br /> makes it known that it is seeking a particular parcel of <br /> property, it is not unusual for the value of that parcel <br /> to suddenly increase -- sometimes substantially. It is not <br /> unknown for a political unit to utilize the service of a <br /> strawman to enter into a purchase agreement with the owner <br /> the strawman then assigning his interest in the purchase <br /> agreement to the city, thus resulting in substantial <br /> savings to the city. These acquisition policies eliminate <br /> such possibilities. Indeed, a resident taxpayer may <br /> question, indeed challenge, such restrictions. How can <br /> the council negotiate an acquisition if the property owner <br /> is provided with the city's appraisal? <br /> -5- <br />
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