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appropriate amount of payment to U.S. West for the costs. That <br />wo~Lld fully resolve all matter in dispute between the parties <br />relating to the South Boulder Road improvement project and result <br />in dismissal of pending litigation with prejudice, each party to <br />pay its own costs, attorney's fees, and the city would recognize <br />that U.S. West facilities relocated or replaced in conjunction with <br />the South Boulder Road improvement project are lawfully in place in <br />the South Boulder Road right-of-way. Approval of this would be <br />conditioned upon final review of the agreement language. She <br />recommended that Council approve the settlement along those terms. <br /> <br />Sisk: So moved. <br /> <br />Lathrop seconded. <br /> <br />Davidson called for Council discussion. <br /> <br />NONE <br /> <br />Roll call was taken. <br />being absent. <br /> <br />Motion passed by a 6 - 1 vote with Howard <br /> <br />REVIEW ANDCOMMENTS - NORTHERN COLORADOWATER CONSERVANCY DISTRICT <br />ALIDTMENT CONTRACT <br /> <br />Tom Phare, Public Works Director, explained that, since the packets <br />fox' Council had gone out with the most recent draft of the <br />allotment contract for participation in the Southern Pipeline <br />Project, Mike Shimmin, City Water Attorney, had suggested some <br />revisions to the District. Additionally, other entities, <br />particularly the Superior Metropolitan District, had a number of <br />con~ents, so the document is being revised and presented at a later <br />date. He asked if it could be considered for approval at the <br />December 15, 1993, work session. <br /> <br />Sis~k preferred that it be at the December 7 or 21 meeting. <br /> <br />Phare: <br /> <br />The District said that they'll make <br />the 21st work. <br /> <br />Mayer wondered who was allowed to determine the fiscal year. <br /> <br />Karl Dreher, NCWCD Project Manager, explained that the District <br />wo~[ld. <br /> <br />Lathrop wondered if the SWSP Enterprise was the legal entity. <br /> <br />Dreher: <br /> <br />The agreement was structured that <br />way, so that we would be in <br />compliance with Amendment No. 1. To <br />be in compliance with that, we have <br />formed a government owned business <br /> <br /> <br />