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reimbursement agreements are solely for the benefit of the installers and the Town is under no obligation to enter into such an agreement. OPENED PUBLIC HEARING Hal Feeney,11030 Mora Drive, expressed his appreciation for all the help the group has received over the course of the last 4.5 years that it has taken to bring the project to it's conclusion. He agreed with City Attorney Mattas that from a reimbursable perspective the agreement favors the installers, however, the group finds issue with the liability exposure. At the direction of their Counsel, they are requesting that staff work with their attorney to resolve some language changes ("tightening of the language similar to the Ordinance")to limit liability to all parties. Mayor Pro Tem O'Malley summarized the requests of the "Installers" noting that they were asking for: 1) for an amendment to the hold harmless provisions, and 2) requesting that the Installers be notified prior to the Town's entering into litigation with a user for nonpayment and given the right to veto such action because the Installers are liable for all legal costs. O'Malley noted that the second request seemed reasonable but that the Town would have issue with any additional changes to the standard sewer reimbursement agreement. Feeney concurred with O'Malley on item 2, explaining that it was a simple business/economic decision. The Installers did not want to take legal action when the costs incurred could be more than the amount realized. Enrique Klein, Mora Drive Sewer Project Group, thanked the Town for being so co- operative and helpful during this lengthy process. He reiterated the request for the language of the agreement to be "tightened equal to the ordinance". Chuck Bodine, 11055 Mora Drive, explained that the Installers are concerned that the present sewer agreement has a weakening of the language defining what the City would do to collect reimbursement. They are concerned that this would impact future users and potentially cause them not to pay the fees. City Attorney Mattas explained that the wording of the ordinance anticipates that there will be a discussion and he would advise the Council not to undertake a mandatory obligation that could be a burden on the Council or future Councils. He added that any further proposed discussion with the group's attorney would not change this position. CLOSED PUBLIC HEARING Mattas clarified that what Council may want to consider for approval would be the staff recommended agreement with the minor typographical correction in Section 8b, "criminal" should read "take appropriate enforcement action" and Section 8a would be modified to read as follows: In the event of a dispute between any Future User and the Town with respect to the payment of the Usage Fee, the Town shall notify the Distribution Agents and may, 6 City Council Meeting Minutes November 20,2003