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APR 18 '989 <br />BOOK l F [ 655 <br />Attorney Petersen explained that the reason for the fees is <br />that there were no cases you could rely on at the time; so, it <br />was agreed to back off for a while. If the county had agreed <br />with his position in the beginning and settled, his fees would <br />have been much less. <br />THE CHAIRMAN CALLED FOR THE QUESTION. <br />It was voted on and carried, 4 to 1 with <br />Commissioner Bird voting in opposition. <br />Attorney Collins felt that this case points out a larger <br />problem. There are others in a similar situation who entered <br />into reservation agreements with the county while this ordinance <br />was in effect, and while some may be willing to set their houses <br />4. <br />back from the R/W line, they may not be able to meet setback <br />requirements. He, therefore, felt we should go back and review <br />the ones we have entered into this reservation agreement with, <br />and if Public Works Director Davis says we need those R/Ws now, <br />we should purchase them or else we should sign releases so we are <br />not faced with random lawsuits. Attorney Collins did not feel <br />our position is defensible in court; so, he would like to have <br />authorization for staff to develop a list of all property owners <br />who have entered into reservation agreements for R/W above and <br />beyond our minimum standards, and then staff can review them to <br />see which we want to purchase and which to release and bring that <br />back to the Board. <br />ON MOTION by Commissioner Bowman, SECONDED by Com- <br />missioner Scurlock, the Board unanimously authorized <br />staff to proceed as requested by Attorney Collins and <br />described above. <br />66 <br />