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11/7/84 <br />Page -7- <br />nature and he certainly hoped that it was <br />thE; first of many efforts to continue this <br />process and have a result that is more than <br />dialog. He also stated that he concurred <br />with Councilman Leary that there were some <br />otY:ier areas to take a look at and would en- <br />courage Council to act favorably upon the <br />motion on the floor. <br />Councilman Cussen Also commented that he concurred with Council- <br />man Luce's remarks and was pleased that every- <br />one: came to agreement on this and knew the <br />importance of it. He would vote in favor <br />of the motion. <br />Vote on the Motion All in favor. Motion carried unanimously. <br />Acting City Administrator Rupp advised this <br />agreement is scheduled to go to the County <br />on November 27tth ' at 4 r00 P.M. for their signature. <br />RECESS Mayor Meier called a recess at 8:25 P.M. for <br />Mayor Hurger of Lafayette and him to sign the <br />Agreement. Meeting reconvened at 8:35 P.M. <br />Mayor Meier thanked the representatives of <br />Lafayette .for being present and everyone looked <br />forward to bigger and better agreements of <br />this nature in the future. <br />HOMART AGREEMENT - DISCUSSION Councilmembers had a copy of the revised <br />agreement and memo from Attorney Rautenstraus <br />explaining the reasons for the revisions. <br />At the request of Councilwoman Morris, Attor- <br />ney Rautenstraus clarified the section on <br />Page 3 (b) pertinent to delays due to strikes, <br />casualty, or acts of God - by stating that <br />if there was a strike or an act of God-that <br />would be an appropriate reason for delaying <br />the completion of the North Treatment Plant, <br />which would be totally beyond the ability <br />of the City to handle. Another point was <br />if :Homart were not ready to request water, <br />and the water utility improvement has not <br />been completed, the City would not be in default. <br />He :felt this section of the Agreement needed <br />to ]be reworded to clarify this and Homart <br />representatives were aware of this when it <br />was discussed with them. Mr. Rautenstraus <br />advised this situation also applied in section <br />7.6 on page 9 and was more clearly clarified <br />there . <br />