2/8/1984 - Laserfiche WebLink

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_I BODX 56 flACE J0 feel Pebble Bay is an enclave according to the definition in the dictionary. He noted that they border many other jurisdictions not just one. Mr. Davis apologized for using the term "enclave;" he felt some of the parcels are and some aren't. Attorney Brandenburg noted that whether or not some- thing is an enclave has nothing to do with whether it is a valid assessment. The ordinance states the County has the authority to make these assessments, and it does not specify that they can't be state streets. It is true that the lots being assessed do not front on AlA; however, assessments can be done on more than one basis, and the key is that it is a special benefit. If it is done on a per lot basis, then each lot must receive a special benefit, and the formula used in dividing up the improvements must bear a rational or reasonable relationship to the benefit received. There is no mileage or footage limit as to the area that can be assessed; there just has to be the benefit. Attorney Brandenburg explained that one of the reasons this is being proposed to be done in this manner is that it is valid that to have a turning lane in the middle of the road will benefit all the people who are ingressing and egressing, and therefore, obviously the people residing there and driving their cars through this lane will all get the same benefit. Mr. Aberle agreed it will be beneficial, but believed their taxes should take care of providing the proper highway facilities that the people deserve. Ralph Richards of Pebble Bay South. felt the Commission might. be establishing a dangerous precedent both for the county and the homeowners by going the assessment route, and he also felt the improvement should be part of their tax base. Chairman Scurlock pointed out that if their subdivision were coming before the Commission today for site plan 34