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Message.
Subject: UGA Agreement/Effect of
)ender: Steve ROY / CFC/0 1
Part 1.
FROM: Steve ROY / CFC/01
TO: DISTRIBUTION
Part 2
0
Dated: 09/07/88 at 1433.
Council Decision
Contents: 2.
At last night's meeting, a question was posed to Ken Waido about the
legal effect of the Council decision on Item 17, which involved a
proposed waiver from the public street capacity requirement under the
Intergovernmental Agreement. Ken expressed the opinion that the "old"
GA would apply and that, in the event of a negative vote by the
Council, the County would be precluded from granting the waiver
request.
My analysis of the facts and the terms of the Agreement leads me to
a different conclusion, and perhaps I was remiss in not expressing
that opinion last night. In any event, I thought I should bring
it to your attention today.
The "old" Agreement is no 1 ger in effect. It expired on August 3, 1988.
The "new" Agreement which as approved last night will be in effect at
the time that the County.reviews the waiver request and, in my
opinion, its terms and provisions will control the effect and weight
to be given to the City's recommendation. Under the "new" Agreement,
the City has the right to review and comment on waiver requests
but does not have veto power.
From a liability standpoint, I think it is beneficial that the
(::aunty rather than the City will be the final decision -maker on
this issue.