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which he felt is a typical lease, and it says the landlord is <br />responsible for taxes, property charges and also assessments, but <br />the tenant would be responsible for gas, oil, electric, and other <br />utility type bills. He felt Mr. Barkett could make a good <br />argument anywhere that it is a utility bill. It is not a special <br />assessment for improvement to that property; it replaces the <br />monthly utility bill. It is a user type charge, a utility bill <br />collected by the assessment method. Attorney Vitunac felt this <br />was not in the contemplation of either the landlord or the tenant <br />20 years ago, and he noted that the law allows reformation of <br />contracts when neither party even thought of it. Attorney <br />Vitunac believed that one court case would settle this question <br />for everyone in the county. However, the landlords are not <br />willing yet to go to court; they want us to make it easy for <br />them. <br />Commissioner Bird agreed with Attorney Vitunac and felt that <br />common sense would tell you that Winn Dixie expects to pay for <br />the disposal of their garbage. <br />ON MOTION by Commissioner Eggert, SECONDED by Commis- <br />sioner Bird, the Board unanimously directed staff to <br />pursue looking into other methods of double billing or <br />some means of passing the charge along to tenants as <br />discussed. <br />Commissioner Eggert left the meeting at 7:25 o'clock P.M. <br />Attorney Barkett had several more suggestions. He noted <br />that the county covered itself in the ordinance by saying this is <br />a benefit to the assessed property, and throughout the ordinance <br />calls the charge a user fee and an assessment. Also, this charge <br />is on the property tax bill, and because of this, he felt it <br />25 BOOK 74 PAGE 132 <br />SEP � 19 818' <br />J <br />