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<br />-.,. <br /> <br /> <br /> <br /> <br /> <br />Hornbostel: I think you'd almost have to because, whether <br />you think there's an IGA or not, there was a <br />vote taken on that issue and it was a refer- <br />endum vote. We need to know what the impacts <br />and ramifications of that would be. <br /> <br />Fauson: The referendum vote was to annex or not annex <br />and the referendum vote was not to annex. I <br />would think that this would have to go back <br />to the voters otherwise we will have another <br />referendum vote. <br /> <br />Sackett: I think it is a good idea to take it back to <br />vote. The idea of coming up with a client; <br />how the property is going to be used; and not <br />having had the dollars to buy the open space, <br />it could be that the voters may say that they <br />want it, but it should go back to the people. <br />I thought I heard the recommendation that we <br />go talk to Lafayette and the County and I <br />don't want to do that unless we are obligated <br />to do so. We should decide how the plan <br />should be presented how should we make sure <br />the voters are behind it on our own if we <br />don't have to talk to Lafayette and the <br />County. <br /> <br />Hornbostel: It was my understanding that under the IGA <br />there were some penalty clauses that if you <br />go ahead and annex without the mutual consent <br />of the other two entities there are major <br />penalties for us. We don't get to annex, the <br />other people do. That needs to be looked at <br />to see if that is a problem. <br /> <br />Sackett: If it is valid. <br /> <br />Fauson: If it is valid my understanding is that the <br />IGA was in effect for 15 years at that time. <br />I think there was a time period on that also. <br />We should give the attorney time to research <br />it and have the attorney come back to us at <br />an appropriate time after reviewing it. It <br />is definitely something we should look at as <br />part of our planning area and as John said <br />Lafayette has violated our planning area <br />also. When we get the additional information <br />from the Attorney we can go from there. We <br />need to look at the IGA to see if there is <br />one and see if it is effective and see where <br />it is at. We need clarification of voting <br />so that Council could have the understanding <br />of what happened at that time. Hopefully we <br />could have this at the first meeting in <br /> <br /> <br />12 <br />