City Council Minutes 2011 05 17 - Laserfiche WebLink

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City Council Meeting Minutes May 17, 2011 Page 6 of 7 HAMON CONTRACTORS, INC. V. CITY OF LOUISVILLE, CASE No. 2005CV920, BOULDER COUNTY DISTRICT COURT SETTLEMENT AGREEMENT AND MUTUAL RELEASE Mayor Sisk requested a Staff presentation. City Attorney Light reviewed documents for the settlement agreement and mutual release in the litigation with Hamon Contractors, Inc. The documents include a Settlement Agreement and Mutual Release, a Stipulation and Motion to Dismiss with Prejudice, and a proposed Order Granting Stipulation to Dismiss with Prejudice. The documents are intended to fully settle all matters related to the litigation, including all claims the parties have or could have asserted in the litigation or in relation to the State Highway 42/96th Street Connection Project. The Agreement reflects a final payment to Hamon of $864,567.33 to settle amounts awarded by the District Court for fees, costs and pre- and post judgment interest. A separate budget appropriation was presented to the City Council. Mayor Sisk noted the ruling of the court in this lawsuit was disappointing and not anticipated by the City. The City could appeal the decision, but the Council determined it was better to settle the case and move on. MOTION: Councilor Dalton moved to approve the Settlement Agreement and Mutual Release, seconded by Mayor Piro Tem Marsella. Roll call vote was taken. The motion carried by a vote of 7 -0. ORDINANCE No. 1594, SERIES 2011 AN ORDINANCE AMENDING THE LOUISVILLE MUNICIPAL CODE TO SET FORTH THAT CERTAIN FEES, RATES AND CHARGES WILL BE ESTABLISHED BY RESOLUTION OF THE CITY COUNCIL 1st Reading Set Public Hearing 6/7/11 Mayor Sisk requested a City Attorney introduction. City Attorney Light read Ordinance No. 1594, Series 2011. COUNCIL COMMENTS Councilor Muckle was not comfortable taking all fees out of the ordinances and passing them by resolution. Mayor Pro Tem Marsella and Mayor Sisk supported the ordinance and the concept of having fees in a more transparent format. They felt it would be beneficial to the residents.