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10/16/84 <br />Page -9- <br />Mrs. Holmberg asked if it would be acceptable <br />to clarify the parenthetical wording tying. <br />it specifically to the planning period for <br />the Boulder County Comprehensive Plan in <br />effect at that time. Mr. Leary agreed to <br />this wording. <br />Mrs. Holmberg stated that the Intergovernmental <br />Agreement can be amended at any time that the <br />3 parties could agree to the amendments. <br />Councilman Leary Inquired of Attorney Rautenstraus how this <br />agreement was binding on our heirs and essen- <br />tially what is its legal standing? <br />Attorney Rautenstraus referred to 8. of the <br />last page and stated that gives this agreement <br />a little more meat than a lot of these agree- <br />ments often have, and sets out the possibility <br />of specific performance of the Agreement. Once <br />the Agreement is entered into properly by this <br />council then it. is a binding agreement on future <br />councils. Obviously if all the parties agree <br />to cYiange it, it can be changed just like any <br />contract. In reply to Councilman Leary's in- <br />quiry if there had been cases of this type <br />that have been challenged, Mr. Rautenstraus <br />replied that he was not aware of any. He was <br />not aware of that many intergovernmental agree- <br />ments that there have been challenges to. <br />Mr. Leary commented that there was one WHEREAS <br />on page 2 - there are la nds in the unincor- <br />porated areas of the County, etc. He felt this <br />was one of the key WHEREAS's for us. We have <br />discussed in the past that to service this area <br />would require us to review all our capital <br />improvement plan, our water, sewer, etc. and <br />he felt that we've learned the hard way that <br />we are behind; either that the money has been spent <br />wrongly or we haven't been collecting enough. <br />He felt that if we did an analysis based on <br />currE~nt policy, the cost to the services would <br />be many times over the cost to maintain this <br />open space. <br />Mayor Meier Suggested that the discussed changes be-made <br />to the Intergovernmental Agreement; the sign- <br />ing be held over until the next Council meet- <br />ing so that the public may have the opportunity <br />to comment on it . <br />councilman Leary Commented he felt that Council should give <br />