6/16/1992 - Laserfiche WebLink

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JON 16 IN2 Public Works Director Jim Davis noted that on November 5, 1991 the Board authorized staff to add this project to our special assessment project list, and staff projects that the engineering will be complete in 1993 to pave the roads in this subdivision. Mr. Davis advised that there are a number of situations in the county where we do not maintain the roads, and he recommended that the petition paving project go forward so as not to begin a precedent to maintain all the unmaintained rights-of-way in the county. Commissioner Scurlock led discussion regarding the history of this subdivision. He thought there had been monies conveyed from the developer to the County to construct future roads and that those monies are being held in the general fund. He felt the acceptance of those monies placed a responsibility on the County to construct those roads. County Attorney Charles Vitunac advised that in his review of the records he found the County accepted $28,000 and paid,;a,1$3;,000 fee to an attorney, leaving $25,000. Director Davis further reported that the records indicated that platting of the subdivision was begun in 1960 and when the developer did not make the improvements, a local law firm I -was retained by the County to pursue a performance bond. That attempt was successful, we acquired $28,000 from the bonding company and paid $3,000 for the legal work. Director Davis stated that after his discussions with the County legal department, the conclusion was reached that these monies should be applied to the paving project at the time this special assessment program is initiated. He felt that even if the Board decides to add interest, it would not be enough to improve the 5.22 miles of road in the subdivision and the drainage system. Attorney Vitunac stated that he learned from the Office of Management and Budget that escrowed funds were not held at interest back in the 1960s. Administrator Chandler reported that his review of the records showed that the Department of Business Regulations interpreted the facts to indicate that the County was obligated to provide all the roadways in that subdivision, but subsequently, correspondence was found signed by Tommy Thomas indicating that was not ,the case. At this point in time it appears that the $25,000 went into the general fund with no requirements as to escrowing or interest. Director Davis recommended that once the special assessment program is initiated, a credit be made to the project for whatever amount of money the Board feels is appropriate and that the remainder of the cost be assessed to the benefitted owners. 32