City Council Minutes 2001 09 04 - Laserfiche WebLink

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Louisville City Council Meeting September 4, 2001 Page 15 EXECUTIVE SESSION... "Consultation with attorneys representing the City with respect to pending litigation. Pending litigation shall include cases wherein a lawsuit is actually commenced and any situation where the person requesting the executive session believes in good faith that a lawsuit may result. The council may discuss settlement strategies in an executive session." (Louisville Code of Ethics, Ordinance No. 1079, Series 1992 - Chapter 2.90 & 2.90.090 (C) - Authorized Topics) The City Attorney Light requested the City Council convene an Executive Session for the purposes of consultation with respect to pending litigation and reviewed the background of the lawsuit. He noted the purposes of the Executive Session was to discuss litigation strategies and matters subject to litigation involving the Centennial Valley Properties IV, LLC v. City of Louisville, Case No. 01CV580, Boulder County District Court, Div. 3. He noted that the lawsuit was filed in April of 2001 and the City of Louisville was served in August. The lawsuit involves the 1983 Sewer Treatment Plant Agreement between Louisville Associates and the City of Louisville. In the Agreement, the developer of Centennial Valley paid money to the City for expansion of the Sewer Treatment Plant. In return, they received a certain capacity through the Sewer Plant, and were the beneficiary of a provision stating that sewer tap fees would not have to be paid until 340,000 gallons capacity had been used by the developing project. He noted that there is a dispute concerning whether the 340,000 threshold has been reached, and whether there should be a reimbursement of sewer tap fees paid for development within the Centennial Valley. There are two claims in the lawsuit, one for breach of contract for the alleged breach of the Sewer Plant Agreement, and a second alleging claim for Unjust Enrichment. City Clerk Nancy Varra read Sec. 2.90.50 Public Statement of the Municipal Code, which specifies the topics that may be discussed in an Executive Session. MOTION: Sisk moved that Council convene an Executive Session for the purposes of consultation with respect to pending litigation (Centennial Valley Properties, IV, LLC v. City of Louisville, Case No. 01CV580, Boulder County District Court, Div. 3.) and asked that the Finance Director, Public Works Director and City Administrator attend the executive session, seconded by Keany. All in favor. Council went into Executive Session at 8:50 p.m. Sisk reconvened the meeting at 9:40 p.m. Report by City Attorney on from Executive Session - (Centennial Valley Properties, IV, LLC v. City of Louisville, Case No. 01CV580, Boulder County District Court, Div. 3.) City Attorney Light stated that Council discussed litigation strategy. He stated that the Council has given direction on litigation strategy to City Staff. 15