10-04-37
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COUNCIL CF.AMBER
v
October 4, 1937
As provided in Resolution No. 192 approv-
ing the Engineer's report and assessment roll for im-
proving and paving of certain streets located on the
East side of Canal, the Council sat to hear complaints
against assessments on said following streets:
ANDRKW3 STREET From Lowry st. to Market st.
LO~W.Y STREET From Andrews st. to Canal
SEABREEZE AVE. From Atlantic Av. to Lowry st.
The Mayor, City Attorney and following
members were present: Mr. Barton, Mr. Hill, y~. Genton,
Mr. Gwynn and Mr. Wodischek.
Formal written complaints were submitted
and read by the Clerk from:
Coleman & Cook representing The Miserocchi Estate
owners of Ocean Beach Lots 1 & 2 who objected to
same on the following grounds: Because no notice
of the city's intention to improve said street had
been received, insufficient time had been allowed
owners for making complaint, the amount of the
assessment was excessive, the amount of' assessment
exceeded the amount of benefit derived by said
property, said assessment was not equal and uniform
and same constituted the taking of property without
due process of law and without just cpmpensation.
WILLARD J~\TERS objected because he believed the
assessment was much too high.
R.C. McNeil objected because he considered the
assessment excessive and disproportionate.
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Upon enquiry, the City Attorney advised
the Council that it was within its jurisdiction to
delay acceptance of said rolls until a later date to
permit further investigation of complaints and to
allow property owners a chance to appear in person in
regard to same. The Contractor, Clint Moore, was
present, and recommended that all complaints be given
due hearing and be ironed out satisfactorily before
certificates are finally issued.
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COUNCIL CHAMBER -OOtoblilr"'4tIi, 1937
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It was regularly m,?ved by Councilman.
Barton, seconded by Councilman WOdischek, and carried,
that after reading and hearing the various protests
and objections filed against the assessment roll for
the paving and improvement of Andrews Street that
the entire matter of ratifying and approving the assess-
ment roll QS published on September 17th and 24th, 1937,
be carri.ed over, and that this meeting held for the
purpose of confirming said assessment roll be post-
poned, and that any and all persons desiring to file
further protests be allowed to do so until the 1st day
of November, 1937, !it which time the City Council will
meet for the purpose of passing a resolution r!itifying,
equalizing and confir~inf, said assessment roll.
The business of the ~eeting having
been completed, it was regularly moved, seconded
and carried that Council adjourn.
Ynn O~'~~f2
c. Y C er
APPROVED:
~)Mb
Pr~ nt elf the CouiiCTl
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