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<br />t-",.,,, -~. ~_:~~\/'ED <br /> <br />r'~'.1 <br />\}iJ <br /> <br />6 20011 <br /> <br />C(;U~~'i~( GOf~~'~~~'~:3S~.~\J <br /> <br />M <br /> <br />E <br /> <br />M <br /> <br />o <br /> <br />R <br /> <br />A <br /> <br />N <br /> <br />D <br /> <br />u <br /> <br />M <br /> <br />TO: Cass County Commission <br /> <br />FROM: John T. Shockley <br /> <br />DATE: November 19, 2007 <br /> <br />RE: Street Improvement District No. 2007-1 <br /> <br />I . Background <br /> <br />The Cass County Special Assessment Commission has met a total <br />of two times to levy and apportion the special assessments for <br />Street Improvement District No. 2007-1. The amount of the proposed <br />special assessments were published in the official newspaper of <br />Cass County along with notice of a public hearing before the Cass <br />County Special Assessment Commission. Pursuant to prior Cass <br />County practice, each landowner was sent a notice of the proposed <br />special assessment and of the public hearing before the Cass County <br />Special Assessment Commission. Two individuals appeared at the <br />hearing and inquired into the methodology of the assessment and <br />made recommendations for future special assessments in the area, <br />but did not lodge an objection to their assessment. <br /> <br />Following the public hearing, the Cass County <br />Assessment Commission confirmed the proposed assessments. <br />of the November 19, 2007, public hearing before the Cass <br />Commission has been published. (See attached documents.) <br /> <br />Special <br />Notice <br />County <br /> <br />II. Legal Authority of the Cass County Commission <br /> <br />The Cass County Commission can hear and determine appeals and <br />objections to the assessments as levied and apportioned by the Cass <br />County Special Assessment Commission. See N. D. C. C. '5 40-23-15. <br />Before an individual's appeal can be heard by the Cass County <br />Commission, he or she must have filed a written appeal with the <br />Cass County Auditor. See N.D.C.C. '5 40-23-14. Nonetheless, the <br />Cass County Commission has the discretion to hear any objections to <br />the proposed assessments, even if an individual has not previously <br />filed a written appeal with the Auditor. <br /> <br />The Cass County Commission has the authority to increase or <br />decrease any assessment; however, the Cass County Commission cannot <br />decrease the total amount assessed. See N.D.C.C. '5 40-23-15. Thus, <br />