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<br />In 1984 the town failed to make its second payment to the . <br />CWCB. I referred this matter to you at the July, 1984, meeting. <br />I subsequently wrote the Mayor, Tom Martinez, a letter stating <br />the Board's position. On September 6, 1984, we received the <br />second payment from Starkville. <br /> <br />On May 2, 1985, staff member Frank Akers met with Mayor <br />Martinez, the town clerk, and the town attorney on another matter <br />pertinent to this project. During that meeting the town clerk <br />stated that Starkville would not have enough revenues to make the <br />third payment on June 1, 1985, because several people were in <br />arrears on their water bills. The town attorney also stated <br />that it was his opinion that if the town turned these people's <br />water off and they then sued the town, the court would rule that <br />the ordinance covering this procedure would be declared illegal. <br />We sent out the standard notice for payment to Starkville later <br />in May. As of June 30, 1985, we had not received the payment, so <br />I sent the Mayor the attached letter dated July 3, 1985. The <br />only response to that letter has been a letter from the town <br />attorney in which he asks why Mr. Akers could not attend a <br />meeting with the town council to discuss this matter. Mr. Aker's <br />response to the attorney's letter is attached hereto. <br /> <br />The Attorney General's office has been advised of this <br />situation and is evaluating the Board's options. <br /> <br />Recommendation <br /> <br />. <br /> <br />I recommend that <br />file suit against the <br />made. <br /> <br />the Board direct the Attorney General to <br />town for the payment which has not been <br /> <br />JWM/gl <br /> <br />Enclosures <br /> <br />. <br /> <br />MEMORANDUM <br /> <br />-2- <br /> <br />August 27, 1985 <br />