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CCR1975122RESOLUTION #122-75 (AS AMENDED) ESTABLISHING PUBLIC HEARING AND ASSESSMENT ORDINANCE FOR WEST 'IOW'ER DRIVE 0 WHEREAS, on the 11th day of June, 1974, the Common Council adopted Resolution #110-74 declaring its intent to make West Tower Drive a public right-of-way, and WHEREAS, on the 19th day of September, 1974, the Public Works Committee met with three of the five owners of land on the right-of- way and advised them that the City was willing to accept West Tower Drive as a public right-of-way if part of the cost of bringing the road as closely as feasible to City standards would be paid by the property owners, the amount being $220.00 per parcel, and WHEREAS, the Public Works Committee was of the opinion that the residents attending the meeting were agreeable to this assessment, and WHEREAS, on the basis of that assumption a quit claim deed was acquired from Morton Smith, owner of the 30' right-of-way, and the im- p rovement s made, and WHEREAS, those improvements included the grading of the road, addition of some gravel and surfacing with a coating of asphalt - the actual cost amounting to $360.00 per parcel, and WHEREAS, the Public Works Committee has advised the property owners that unless payment of $220.00 is received by May 6th, the necessary actions will be instituted by the Common Council to collect said payment, and WHEREAS, a dispute has arisen over payment of the above charge as a result of a claim by some of the residents living on West Tower Drive that they had not, in fact, agreed to pay the charge, and WHEREAS, the Connnon Council wishes to provide the people involved every opportunity to express their views, and WHEREAS, the city attorney has advised the Common Council that Chapter 66 of the Wis. Stats. provides for reassessment procedures, namely either by ordinance or by following the assessment method, and WHEREAS, in either case a public hearing is necessary at which time the views of the property owner can be heard and the Common Council has the option of modifying the assessment, keeping it the same, or of waiving it. THEREFORE BE IT RESOLVED that, in the interest of resolving this matter as quickly and as equitably as possible, the Common Council of the City of Huskego does hereby direct the city attorney to prepare the necessary ordinance for establishing and collecting the assessment. BE IT FURTHER RESOLVED that the Common Council will hold a public hearing on the matter on the 10th day of June, 1975. * BE IT FURTHER RESOLVED that the action of the Public Works Committee demanding payment by May 6th is hereby rescinded and the need for payment of the assessment is postponed until after the public hearing and consideration of the necessary ordinance. DATED THIS 13th DAY OF May , 1975. // City Clerk Mayor Jerome J. Gottfried 5/75 le