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