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May 24, 1976 Page 9 I don't want to leave having anyone think we are trying to avoid responsibility. Just cannot answer this question at this moment. Mr. Casey asked how the public will be advised of the developer's response. Mayor Johnson replied that it is in the official Council minutes. The hearing will be continued June 14, 1976, and citizens are welcome at the continued hearing. Mr. Casey asked if they cannot agree, will the Council go to bat for us or to court or what? Mayor Johnson replied that the steps to complete the project will have to be completed, all costs tallied. We will have an assessment hearing, at which time all property owners may be heard and then the assessment will go on the tax rolls. If a particular property owner does not like it be can sue the city. Mr. Casey asked that if the city doesn't like the Paster answer will they sue them? Atty Meyers replied we don't sue anyone. We have an assessment hearing. The assessed property owners would have to challenge the assessment in court. Mr. Caseythen asked if you don't like the response on June 14th, what is the Council's position? Mayor Johnson stated we had a writ of mandamus served upon the city to allow the developer to have a court reporter present at this hearing. We argued the question in court and prevailed. We are not about to lay down. There have been too many problems with that Center. Mr. Frisch stated that the problems will not continue much longer. Mayor Johnson wished he could believe that. Mr. Frisch stated that he will get an answer. Marilyn Eibs, 7790 Greenwood Drive, asked if anything would be done before June 14. Mayor Johnson replied, we will adjourn the hearing and take action to either continue this hearing or make a decision. Atty Meyers stated that the basic corrective action is done, and now we are just finishing up the job. Mr. Harold asked about the County Rd. I side. Eng. Bearden said that the County Highway Dept. installed a culvert. One of the items in agreement was that there was going to be a high capacity catch basin installed in the parking lot. No water should drain onto County Rd. I from the center except a small amount from the County Rd. I driveway access and the berms. Mayor Johnson asked Mr. Frisch if the pumps are running now. Mr. Frisch replied that there were. Mr. Boever nodded in agree- ment and stated that they have spent a considerable amount of money keeping the pumps operational. Sand has come off the driveway cuts and down into the catch basin and holding ponds. It has plugged the pumps a number of times.