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Councilmember Tim Scott stated, Just a point to that: when we passed the original, there were a <br /> lot of developers wanting to make sure that got done and that we move forward so that they <br /> know what they are getting into. <br /> Committeemember Dr. Varner asked, Correct me if I'm wrong: the whole ordinance is in effect, <br /> save this one consideration? Is that a misunderstanding? <br /> Mr. Horvath responded, Let me try to bring some clarity to that. We appreciate IN Tek and I/N <br /> Kote as a customer and what they do for economic development in the area. I would be more <br /> than happy to push this back, but the issue that I'm concerned with, more than anything, is the <br /> fact that we have these existing assessments and compacts. The piece that's in the City is already <br /> resolved, and we know we are doing SDC's there. The problem is that I can't charge those <br /> outside of the County. So, a developer comes in to connect to a property that is outside of the <br /> County, I would have to charge reassessments for the sewer base and square footage of property <br /> and lien front footage for water, and then we are also going to have to look at the compact fees <br /> and what to do with those, if they are still in place. That's my biggest issue with this and why I <br /> want it to move forward, but by all means, at the same time, we should be expeditiously moving <br /> forward with I/N Tek and I/N Kote to try to come to a resolution on a special rate. We can do <br /> that as quickly as you can. <br /> Committeemember Davis asked, So, if we pass tonight, we just pass with the understanding that <br /> they may go ahead and file something against us?They can do that anyway, no matter what, <br /> right? <br /> Mr. Schmidt responded, I can't definitely speak towards I/N Tek and I/N Kote's intentions, but I <br /> don't think that it's their intention to hold over the City any type of potential litigation. Our <br /> thought is that we have had some preliminary discussions with them. They're motivated, we're <br /> motivated. They have reasons to present to us to justify the special rate. You heard several of <br /> them when Mr. Nussbaum presented. We believe that this is something that can move quickly. <br /> Committeemember Davis stated, We've allowed for that in the regular ordinance. So,they can <br /> come back at any time and address that. We can literally pass this tonight and if they don't like <br /> what was done they can go back and renegotiate. <br /> Councilmember Broden asked, Am I to understand that this section presented in the ordinance <br /> before us (17-29),that they've not done that before? <br /> Mr. Schmidt responded, I/N Tek and I/N Kote,to my understanding, has not had a private user <br /> agreement. The only one that I'm aware of being out there is the University of Notre Dame. <br /> Committeemember Oliver Davis made a motion to send Bill No. 66-17 to the full Council with a <br /> favorable recommendation. Committeemember Dr. David Varner seconded the motion which <br /> carried by a voice vote of four(4) ayes. <br /> 7 <br />