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. 357 out. He wanted the City to stand up for what is right the City is basically responsible for seeing that'these rules and regulations are fulfilled. He felt the City has a moral responsibility to see that the upper Twelve Oaks Homeowners Association completes this work or that the City does it and bills the association. Mrs. Barbara Mendicino, Gloria Court, read a letter from her husband to the Council, as follows: "Unfortunately, I am out of town and unable to attend the Council meeting on January 6, 1987. Therefore, I have asked my wife, Barbara, to attend the meeting and read this letter into the record. "The City staff has correctly observed that, originally, all 28 lots in the Twelve Oak subdivision were supposed to be included in the Homeowners Association. On the basis of that fact and, I suspect, in an effort to achieve what they consider to be the "fairest" resolution of the problem, they have recommended that you authorize the repairs and bill all 28 prop- erty owners equally. Apparently, they believe that they can enforce col- lection against the owners of the 17 lower lots on the basis that PUD-79-2 was supposed to apply to those lots. "Before going further I would like to say that if the Council requests the 28 property owners to share the $5,000 cost of the repairs to the drainage system, in a spirit of accommodation, friendship and goodwill, and if 100% of the 11 upper lot owners and 80% of the lower lot owners agree, I will be pleased to pay my pro rata share. If, on the other hand, an attempt is made on some legal theory to require me to pay, I will have no choice but to contest those attempts. "The reason for my position is that I do not believe there is any legal basis for imposing the responsibility or liability for the drainage sys- tem, or any damage resulting from the fact that the system is inadequately designed or maintained, on the owners of the lower lots. More important- ly, after being involved in this situation for nearly 4 years, I am con- vinced that there is no reason based upon fairness for imposing the responsibility on us. "Without getting involved in the discovery that would be part of litiga- tion, I cannot say for sure how all of this happened, nor can I state with certainty where the responsibilities lies. I will say, however, with all respect and courtesy, that I believe the only people whose hands are com- pletely clean are the owners of the 17 lower lots. "Contrary to the inference in the staff report, Joe Boatright and Ray Goodrich did not develop Upper Twelve Oaks. They sold 9/11 of the proper- ty (Boatright retained 2/11) to a group of individuals, most of whom are now owners of the lots in Upper Twelve Oaks and members of the Homeowners Association. That group formed a joint venture which developed the prop- erty. They consciously, knowingly and intentionally included the common area in the Upper Twelve Oaks projet and consciously, knowingly and inten- tionally excluded the 17 lower lots from the Homeowners Association, ap- parently because they did not want those lots to become involved in their Association. That was not a "minor modification to the PUD". It was major modification made intentionally by people who wanted the benefit of that modification and who should be required to accept the obligations in 11 - 1-6-87