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349 stated that is correct, but also the City is assuming there will be routine and regular proper maintenance on the line; that is important. Councilmember Butler asked if any of the alternatives the City is faced with effect the Homeowners Association's ability to pursue their issue with the developer. Mr. Smith stated No; he stated they are not admitting ultimate responsibility for the improvements, nor would the City be affected. He stated it is his understanding there has been a law suit prepared but it has not been served as yet; that may resolve this issue in court. Council should be advised this matter has been turned over to the insurance carrier for Twelve Oaks, who has hired an attorney. In consultation with Mr. Smith's of- fice, they have come to the same conclusion and have rejected the Stansell claim. The insurance company has taken the responsibility that Upper Twelve Oaks is not responsible for Stansell's damage. If Mr. Stansell disagrees then it will have to be resolved in the courts; the developer will obviously be involved in that. Mr. Bill Stansell, 2368 Gloria Court, pointed out the reference to the developer in the staff report stating that it was Joe Boatright and Ray Goodrich; when in fact it was not just just Boatright and Goodrich, it was a joint venture known as the Twelve Oaks Development Company which included most if not all of the members and residents of Twelve Oaks. He stated he has a title search which shows an addendum to the purchase of the original parcel of land including Upper Twelve Oaks, Gloria Court and Dorothea Court. He felt the finger pointing is a deterent from what is trying to be solved; there was more people involved in the development and improvements put in, in this en- tire project, than the staff report addresses. He felt it was interesting that this whole project was looked upon as one whole parcel; whether it was done in stage one or stage two is irrelevant in one aspect and may be more relevant in another. However, the entire soils report that was issued for this particular project to take place addressed one parcel. One project in- cluded not only the ditch that exists but several other improvements that were never implemented. There were other V-ditches that were supposed to be put in to direct water to the public storm drain system and for whatever reason they were not implemented. He did not think the entire project should have been finaled and approved without a bond being posted by the developer as more than a show of good faith that the recommended soils engineering aspects would be completed at some future date w~thout having to quibble with the City to get these improvements taken care of. This project was put together and people made money off of it; people paid good money for the lots assuming that the project was with all the improvements to enable it to function and be a safe environment for all to build their homes. Mr. Stansell stated he build an expensive home and tried to do whatever has been asked by the City in the way of permits. There are certain improvements that were not included, he did not know why, and it is not merely Joe Boatright and Ray Goodrich's problem. This was a joint venture a.s evidenced by a signed document stating who was involved in this joint venture; it is public record. As far as the people on Gloria and Dorothea Court never being made aware that they should be involved in this Twelve Oaks Homeowners Association he found that interesting; he was not sure how they were allowed to build their homes and get finaled without someone making sure on their deeds when they bought the property they were not made aware of or asked to sign any agreement to assume responsibility for main- tenance of or liability of the common area. He stated no one has any restric- tions on their deeds. No one was made aware of this potential aspect when purchasing these lower lots. He did not know whose fault that was, however, he thought part of the responsibility would be as stated in the report of the 7 - 1-6-87