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<br /> MR. POPOVICH: You don't need it first. You're leverage <br /> is - if he doesn't agree with you, you don't order the plans <br /> . and specs to be advertised. Obviously, if the development <br /> agreement was done now - assuming the improvement went ahead - <br /> you'd know what it was. I don't know what else you want to <br /> put in a development agreement because there are a number of <br /> things that do go into it that your counsel recommends. But <br /> if we ordered the improvement, then he started on plans and <br /> specs to call for bids, we wouldn't have to approve the plans <br /> and call for the bids _ because that's additional cost - until <br /> that development agreement is in place. <br /> MAYOR WOODBURN: In this case, ordering the improvement <br /> is similar to ordering the plans and specifications. In this <br /> type of situation, a possible assessment situation, we have <br /> different terminOlogy. <br /> MR. POPOVICH: Mayor, may I ask - do we have a petition <br /> on this? The reason I ask, I notice Maurice just left and <br /> normally you need four votes and then three if it's 35% peti- <br /> tioned. <br /> MR. LAUGHINGHOUSE: We did petition <br /> MR. POPOVICH: I want the record to show - Mr. Laughing- <br /> house, who controls more than 35% of the affected property - <br /> your company - petitioned for it. <br /> . MR. LAUGHINGHOUSE: Yes sir. <br /> MAYOR WOODBURN: Is it 35%? <br /> MR. POPOVICH: 35% of the affected property within the <br /> improvement. Obviously, there's more land than just his, but <br /> it's obvious, when you look at his addition compared to the <br /> others, that's more than 35%. That permits you to go ahead <br /> with three votes out of five instead of four out of five. <br /> MAYOR WOODBURN: Any questions from the Council? I have <br /> another question or two of Mr. Popovich. You indicated that <br /> assessments can proceed for various years. Can they be done <br /> in various manners on different parcels - lots, for instance, <br /> within an improvement, and linear footage without? <br /> . MR. POPOVICH: Yes. So long as you arrive at what you <br /> feel is the increased market value due to the benefits. We <br /> come back to that old rule again. Formulas are only a way to <br /> get at the benefit. You can use any kind of a formula or <br /> approach, so long as the property is benefitted accordingly. <br /> MAYOR WOODBURN: I don't think I have any more questions. <br /> Mr. Popovich and Mr. Christoffersen have nothing more to add, <br /> . I gather, at this point. We have at this point our options - <br /> we can continue this for another meeting, we can order the <br /> impro vemen t, or we can say no to the whole project. <br /> 13 <br />