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<br />Griffiths: The process if you wish to continue efforts to <br /> exclude the property from the Cherryvale Fire <br /> Protection District is that the City proceed <br /> with the 502 petition to the District Court <br /> requesting the exclusion of the property. It <br /> is my feeling that the exclusion will occur so <br /> long as certain conditions are met. The court <br /> can impose certain conditions also on that <br /> exclusion. My response is that it is most <br /> likely that the exclusion will occur although <br /> the court may impose some requirements on it. <br /> I don't see any substantially adverse <br /> requirements that the court might impose on <br /> the City of Louisville. If we proceeded with <br /> the 502 even in the absence of this agreement. <br /> Kevin may want to clarify that, I would like <br /> to go back and respond to his first. question. <br /> There are two ways of excluding property from <br /> a Fire Protection District; one is what is <br /> called a 501 process, that is where the <br /> property owners go to the Board of Directors <br /> of the Fire Protection District and say please <br /> exclude us from your district. That was done <br /> as your recall with respect to the particular <br /> property at issue. If the board declined to <br /> exclude it the second process open to them is <br /> the 502 and that applies only to property <br /> which has been annexed by a municipality, in <br /> this case by the City of Louisville. In that <br /> process the petition doesn't go to the board <br /> it goes to the District Court. In that <br /> process an exclusion will occur so long as <br /> certain conditions are met. Even though there <br /> is no agreement between the district and the <br /> City, that exclusion can go forward and the <br /> Court will decide any differences that may <br /> exist between the district and the City. That <br /> is a very general description of it. <br /> What I see Paragraph 10 doing in this <br /> agreement, as you have identified, is stating <br /> that Louisville will not in the future <br /> encourage nor support any 502 for territory <br /> which is annexed to the City which is located <br /> within the Cherryvale Fire Protection District <br /> and which is not within the blue area. What <br /> that says is the City of Louisville will not <br /> support a 502 exclusion for any territory <br /> which is identified outside of the projected <br /> planning areas as indicated on the map. <br /> Basically, what the agreement says is that <br /> Cherryvale will consent to the exclusion of <br /> 12 <br />