City Council Minutes 1991 08 06 - Laserfiche WebLink

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not be a part of that automatic exclusion; one is the water treatment site and the other is the Biella/Menkick property. Cherryvale has a fire station and equipment in Superior. Superior feels due to the location of the properties that they could give faster more efficient service and it is currently in their district. The effective date of the exclusions would be January 1, 1992, subject to 'Louisville Fire Protection District signing their agreement with the City. The service by Louisville would be immediate upon the date of the exclusion order being signed by the District Court of Boulder County. The Cherryvale Board has had a concern that the City of Louisville would be coming back to Cherryvale on a regular bases requesting exclusion; Paragraph 10 is where the City of Louisville would agree it would not encourage nor support any exclusion proposal pursuant to 31.11.502, which would be located outside the area that Cherryvale has specified for future exclusion; Paragraph 11 states that nothing in the agreement would be construed to preclude the owners of the real property within the Cherryvale district from petitioning the court; Paragraph 12, the property would be served directly by Louisville; Paragraph 15, it can be modified, amended or changed or terminated in whole or in part by an agreement in writing between the parties; Paragraph 16 is in compliance with the law of the State of Colorado. There needs to be an amendment to this Paragraph 17, Kevin would like to take to his board. Paragraph 17 amended would read this agreement shall terminate on January 1, 2001 unless earlier extended by the parties, Kevin would like that to read something to the effect that either party would have the right to extend the agreement an additional five years upon 60 days notification to the other party. (see attachment "B") Kevin Klein - Cherryvale Fire Protection District - P.O. Box 1704, Boulder, Colorado Klein: Thanked the City staff for all of their work. Mr. Klein stated that he had just received a copy of the agreement just this evening. The proposal still needs to go back to the Cherryvale Board for review. Mr. Klein felt that the proposal looked good, there are a couple of things that may be redundant; reconsidering the exclusion order, this would be part of a 501 exclusion order and as Mr. Klien understands it, we do not have the authority to reGonsider after the decision has been made. This would go to the district court and become part of the exclusion order for the Lincor/Homart/City of Louisville and Public Service Company of Colorado properties which are outlined on the map. The only other point is when we first started, this agreement, went in perpetuity, the City staff 8