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<br />Fauson: If a property owner in the future files a 501 <br /> and we have this agreement in place, and your <br /> board denies that then they go through the <br /> process, my understanding from the attorney is <br /> that they would need the City's support. Why <br /> would they need the City's support if they <br /> have the Fire Protection District's support? <br />Klein: Because under the 501 it doesn't involve the <br /> Ci ty at all. To go through the process the <br /> petitioners go through the County <br /> Commissioners. The County Commissioners review <br /> the record and make a determination whether <br /> the Board of Directors acted in an arbitrary <br /> and capricious manner. If they can show that, <br /> or any appeal arguments that the petitioner <br /> makes, then the County Commissioners can <br /> nullify that. The next appeal level is to the <br /> District Court. Both the district and the <br /> petitioner can appeal the County <br /> Commissioners' decision through the 501 <br /> process. <br />Carnival: The problem I see with this whole agreement is <br /> that it puts us right back to where we <br /> started. Our intent here is to allow a <br /> property owner, that we made a commitment to, <br /> to be included in the Louisville Fire <br /> Protection District. What we are doing here <br /> is writing an agreement which will accomplish <br /> that but it puts us right back into the same <br /> position if another property owner comes to <br /> the City and wants to have service provided by <br /> the Louisville Fire Protection District. The <br /> Paragraph 11 implies that they have the right <br /> to request exclusion from a particular fire <br /> district, but because of the paragraph above <br /> it indicates that we would not support that <br /> process. This puts them right back into the <br /> situation where Ohmeda is in, where they have <br /> to come back and solicit support from somebody <br /> to accomplish what they are after. Unless you <br /> fully understand this whole agreement, it <br /> implies that they have the right to do that. <br /> It is a good right but where does it get <br /> them. . . nowhere because they can be denied by <br /> Cherryvale with little or no cause. <br />Klein: The district does have to show cause. What we <br /> are saying is the City has been telling us <br /> that they have no intention of annexing any <br /> further into those areas; number one, they are <br /> 15 <br />