HomeMy WebLinkAboutresolution.council.042-14 RESOLUTION NO.4 L
Series of 2014
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
AUTORIZING PAYMENT OF THE ORDER REGARDING ATTORNEY FEES IN MARKS V.
KOCH, PITKIN COUNTY CASE NO. 2009 CV 294.
WHEREAS, the City of Aspen, through its Clerk Kathryn Koch, and Marilyn Marks have
been involved in litigation known as Marks v. Koch,Pitkin County District Court Case No. 2009 CV
294. On or about September 29, 2011, the Court of Appeals of the State of Colorado reversed the
decision of the District Court which had dismissed the action and entered an order awarding to
Marilyn Marks appellate attorney fees, directing the District Court to determine the amount and
reasonableness of such fees; and,
WHEREAS, based on the order of the appellate court, the District Court issued an order
awarding Plaintiff in this action reasonable district court attorney fees in a specific amount that was
to be determined following an application and hearing. The hearing for the determination of
reasonableness of all attorney fees and costs in this action was conducted by the Court on January 17,
2014; and,
WHEREAS, following the request of Marks at such hearing and thereafter for fees and costs
in the total amount of$407,646.17, the Court awarded to Marks fees and costs in the total amount of
$195,630.51, together with interests from the date of the order, March 21, 2014, until paid.
NOW, WHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Section One
That the City Council of the City of Aspen hereby authorizes the immediate payment to
Marilyn Marks the sum of$195,844.90, the amount ordered by the Court in Marks v. Koch, Pitkin
County District Court Case No. 2009 CV 294,together with accrued interest through March 26,2014,
conditioned upon the receipt of a duly executed Satisfaction of Judgment from the Plaintiff and her
attorneys.
Dated: March 24, 2014.
Steve Skadro , or
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true
and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a
meeting held March 24, 2014.
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