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City Council Minutes 1992 01 07
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City Council Minutes 1992 01 07
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3/11/2021 2:31:34 PM
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7/28/2005 11:02:21 AM
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City Council Records
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City Council Minutes
Signed Date
1/7/1992
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2E3
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CCMIN 1992 01 07
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Hornbostel: <br />Griffiths: <br /> <br />the new sewer agreement would take affect only if the <br />Board of Trustees of Superior approves the same two <br />agreements; rescission of the old water agreement; <br />rescission of the old sewer; and approval of the new <br />sewer agreement, if the Town of Superior directs its <br />own attorney to take action similar to that that the City <br />of Louisville has taken, directing their attorney to seek <br />dismissal of the pending litigation in the Colorado Court <br />of Appeals. <br /> <br />By adopting this resolution you would be doing several <br />things. The net result would be to help bring to a <br />conclusion the pending litigation and several questions <br />that have existed between the two communities. That <br />is a very general overview. The water agreement is very <br />simply, all it does is rescind the 1982 water agreement. <br />The document that is more complex is the new sewer <br />agreement since it is a replacement for the old sewer <br />agreement. Some of the benefits that I see from the <br />new sewer agreement is that it is more definite in its <br />meaning in terms than the 1982 agreement; the parties <br />will understand somewhat better the rights and <br />obligations under the current agreement than they have <br />understood their rights and obligations under the 1982 <br />agreement. I say that both with the respect to the Town <br />of Superior and the City of Louisville. The sewer <br />agreement does have an end to it, the 1982 agreement <br />did not have a final term to it. It establishes a process <br />for resolving disputes between the two communities as <br />to the meaning of the agreement prior to the litigation. <br />One of the things this new agreement has is a legal <br />description of the applicable Coal Creek Basin area. <br />One of the things the agreement does is state very <br />clearly that the sewer service will be provided only <br />within the boundaries of the Town of Superior and only <br />to the extent that that property is located within the <br />Coal Creek Basin. <br /> <br />Is that current and future boundaries? <br /> <br />Current and future. The boun~daries of the Town of <br />Superior as they may exist from time to time. The <br />property would have to be both within the Coal Creek <br />Basin and within the boundaries of the Town of <br /> <br />4 <br /> <br /> <br />
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