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<br /> <br /> <br /> <br />According to the legal opinion from Chad Lemmons, the City has no legal obligation to deal with <br />drainage issues that are naturally occurring. The City would only be responsible if it altered the <br />natural flow of surface water; thereby creating the present problem. <br /> <br />While the City does not have a legal obligation to address this situation, the City Council could <br />direct staff to acquire a permanent easement or access agreements and move forward with repairs <br />to the ditch. Another alternative would be to direct staff to work with the property owners in this <br />area to establish a maintenance agreement and share the cost of making repairs to the ditch. A <br />third option would be to direct staff to inform property owners that maintenance of the ditch area <br />is ultimately a private responsibility. <br /> <br />RECOMMENDED ACTION: <br />Council is asked to review the legal opinion from City Attorney Chad Lemmons and provide <br />further direction to staff on how to proceed. <br /> <br />ATTACHMENTS: <br />Map of Morrison wetland <br />Legal Opinion from Chad Lemmons