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� ,� MR. POPOVICHe "I can see it from your point of view. From the pure legal point of view it's hard for us to commit ourselves to any dollars when you don't have bids - the job hasn't been done. That's why the statute contemplates two hearings - one on feasibility and one on assessments, but that you just don't do the two together, and so, I'm only going by the statute. Obviously if parties can agree and it works out that way, fine. But I've never recommended it and I've seen these tentative agreements fall apart if something went haywire down the line and something came up you hadn't contemplated no matter how much good will there is on the part of both sides. There has to be mutual trust in the sense as to what you're trying to accomplish and what the city is trying to accomplish unless the parties have an idea one is trying to get the other." COUNCILMAN WINGERT: '�GJhat precedent is there for establish- ing the benefit of a street. Is there some way to do this, and what's it based on?" MR. POPOVICH: "I'd want to review some of the have come up (inaudible) the use by the community at versus the immediate people surrounding it." � cases that large COUNCILMAN WINGERT: "On a traffic basis - cars per hour - something like that?" MR. POPOVICHe "The problem you have is, up until now - and a Supreme Court case just came down a week ago on Southview Country Club on anticipate use, and I haven't read that case. I've been out of town and I just saw the announcement of it. But normally, it's the benefit to the property before and after, so when we give an assessment - for instance, he's got $4B4O00 being assessed out of the total against his particular piece of property. Technically there's got to be an inerease in the market value of his property. If there isn't an increase in market value, and the matter becomes a contested thing and is tried as an appeal from the assessment (inaudible) in the appraisal. That's why I asked - is he opposed in the sense it's been presented, because this is the worst possible picture, and he gave his answer that you heard. If it's an improveaent that's put in for a small localized area - which this one tends to be - because primarily it's (inaudible) that takes care of Flaherty and the other property surrounding, but I would want to do 7