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CLARIFICATION OF MOTION RE: PHASE III WATER EXPANSION AND <br />RESOLUTION <br />The Board reviewed memo from County Attorney Charles Vitunac <br />dated July 20, 1993: <br />TO: BOARD OF COUNTY COMMISSIONERS <br />ao-Q194L <br />FROM: Charles P. Vitunac, County Attorney <br />DATES July 20, 1993 <br />RE: Clarification of Motion re: Phase III Water Expansion <br />During the public hearing for the confirmation resolution (resolution <br />#3) for the Phase III Water Project the Board moved to delete the <br />Cherrywood and Cherry Lane property from the assessment program and was <br />clear that a new public hearing would have to be held if the assessments <br />increased for the remaining property. The motion as written by the <br />Minutes Clerk is as follows: <br />ON MOTION by Commissioner Tippin, SECONDED by Commissioner Eggert, <br />the Board unanimously directed staff to proceed with Phase III of <br />the Water Main Expansion Growth Plan excluding Cherrywood Estates <br />and Cherry Lane Manor, recalculate the costs and assessments, and <br />schedule a public hearing on this project. <br />After deleting Cherrywood and Cherry Lane residents from the assessment <br />program, the Utilities Department indicates that the assessments for the <br />remaining properties will not increase over that projected in the <br />notices sent to each of the property owners, since the over-all project <br />is of such a magnitude that the small deletion of Cherrywood and Cherry <br />Lane could be covered adequately in the contingency fund factor. <br />The recording secretary and the Utilities Department now need clarifi- <br />cation from the Board now that that fact is known. If the Board's <br />intention was that no new public hearing was necessary, then it would be <br />appropriate to confirm the fact that resolution #3 should have been <br />passed and should now be recorded. Otherwise, the Utilities Department <br />will have to re -notice and re -schedule a public hearing for a new <br />resolution #3, which would have the same numbers in it as the old <br />resolution #3 except for the deletion of Cherrywood and Cherry Lane. <br />County Attorney Charles Vitunac explained that staff is asking <br />for confirmation that the Board's intention was that if there would <br />be no increase in the preliminary assessment to Phase III Water <br />Main Extension, Resolution 93-108A was to be adopted on June 22, <br />1993. <br />57 <br />L_JUL 27 1993 <br />BOOK 90 PAH .93 <br />