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<br />the streets. <br /> <br />Mr. Martin stated he was not sure but could research it because local, state, or federal <br />law establishes own programs. <br /> <br />Mayor Welsch asked Mr. Martin to research that under Mr. Walker’s umbrella. <br /> <br />Mayor Welsch asked if the City decided to move forward on this project and had a legal <br />agreement with the subdivisions, regarding the City not taking over the private streets in <br />the future, would that be a feasibility. <br /> <br />Mr. Martin stated it was possible to help cover his second concern regarding private <br />streets, but when that was done, the City is essentially back to the first reason you <br />should not do; which is to provide a benefit to the private property owner when they are <br />obligated to do it themselves. <br /> <br />Mayor Welsch asked if it was a public benefit for the City to ensure that the streets are <br />kept clean and make sure that happens if it is affecting storm water situation when a <br />subdivision is unable to do the work. <br /> <br />Mr. Martin stated that if there was a problem with the work not being done and there <br />was difficulty as to why, then the City could possibly act to ensure that it is done <br />because storm water and pollution control are public purposes. <br /> <br />Mr. Glickert agreed with Mr. Martin’s response. He asked Mr. Martin if a private <br />subdivision could approach the City and hammer out a deal to have their private streets <br />swept once or twice for public purpose. <br /> <br />Mr. Martin said it does not get around the constitutional problem, but the City could <br />provide that type of service to private homeowners for a price. <br /> <br />Ms. Carr asked if the City provided the service to a private entity was it a possibility that <br />others who live on the public streets could turn around and sue the City for using public <br />funds. <br /> <br />Mr. Martin stated that when it comes to litigation it was always possible and the claim <br />would depend on what was put together. <br /> <br />Mr. Kraft asked if the City should stop picking up the private homeowners’ garbage as <br />leaf pick-up was considered the same as garbage. <br /> <br />Mr. Martin said to his understanding they pay a fee for the City to pick up their garbage, <br />but did not know University City’s procedure for leaf pick-up. <br /> <br />Mr. Price said that the owners are aware of what they are getting into when purchasing <br />a home in a private subdivision, but if the private entity could work out an agreement <br />with the City to repair the streets or whatever, then there would be a cost. Mr. Price <br />asked if the makers of the motion were trying to follow, break or circumvent the law <br />since being told this issue was unconstitutional. <br />7 <br /> <br /> <br />