HomeMy WebLinkAboutordinance.council.024-83 RECORD OF PROCEEDINGS 100 Leaves
ORDINANCE NO. ~t- (Series of 1983)
AN ORDINANCE MAKING A SUPPLEMENTAL APPROPRIATION FOR A GENERAL
FUND EXPENDITURE OF $3,400.00 IN FURTHERANCE OF THE COMPROMISE AND
SETTLEMENT AGREEMENT OF THE LAWSUIT OF LADA VRANY CONSTRUCTION
COMPANY, INC. v. THE CITY OF ASPEN, ET AL.; ADOPTING THE PROPOSED
SETTLEMENT AGREEMENT; AND DIRECTING AND AUTHORIZING THE CITY
ATTORNEY, ON BEHALF OF THE CITY OF ASPEN, TO EXECUTE SUCH DOCU-
MENTS AS MAY BE NECESSARY TO EFFECTUATE SUCH SETTLEMENT AGREEMENT
WHEREAS, on or about the month of August, 1978, litigation
against the City entitled "Lada Vrany Construction Company, Inc.
v. The City of Aspen, a municipal corporation; Collins Engineers,
Inc., a Colorado corporation; and Terracycle Architronics, an
association" (Case No. 78 CV 158) was filed in the District Court,
Pitkin County, State of Colorado, seeking additional compensation
for carpentry work performed in conjunction with the third floor
renovation of City Hall, plus costs, interest, attorneys fees and
expert witness fees; and
WHEREAS, a counterclaim in the above-mentioned action was
filed on behalf of the City seeking restitution for approximately
$14,000.00 in subcontractor liens paid by the City and other
damage~ for improper work; and
WHEREAS, the City Attorney has negotiated a proposed settle-
ment of the above-mentioned litigation in consideration of the sum
of $3,400.00 to be paid to Lada Vrany Construction Company, Inc.
by the City of Aspen; and
WHEREAS, in recognition of the amount plaintiff is seeking in
its complaint, the costs and disbursements to be incurred by the
City in the continuation of the litigation and the attorney and
administrative time that would be entailed, the City Attorney has
recommended that, even though the City expressly denies any lia-
bility in the lawsuit, the afore-mentioned compromise and settle-
ment makes good economic sense and would be in the best interest
RECORD OF PROCEEDINGS 100 Leaves
of the City of Aspen in order to secure its peace and avoid the
expense and uncertainty of litigation; and
WHEREAS, pursuant to Section 9.12 of the home rule charter,
the City Council may make supplemental appropriations; and
WHEREAS, the City Manager has certified that there are avail-
able for appropriation revenues in excess of those estimated in
the budget sufficient to make this supplemental appropriation of
$3,400.00; and
WHEREAS, the City Council, upon the recommendation of the
City Attorney and for the foregoing reasons, deems it to be in the
best interest of the City to settle the afore-mentioned lawsuit on
the terms set forth in the release annexed hereto as Exhibit "A"
and to appropriate monies therefor;
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
Section 1
That upon the City Manager's certification that there are
current year revenues available for appropriation in the General
Fund, the City Council hereby makes a supplemental appropriation
in the amount of Three Thousand Four Hundred Dollars ($3,400.00)
for the City Attorney's Office to be disbursed in full and final
compromise and settlement of the matter of Lada Vrany Construction
Company, Inc. v. The City of Aspen, Collins Engineers, Inc. and
Terracycle Architronics (Pitkin County District Court Civil Action
No. 78 CV 158) all as set forth in the release annexed hereto as
Exhibit "A", and further that the terms of such compromise and
settlement agreement are hereby expressly adopted.
Section 2
That the City Attorney's Office is hereby authorized and
directed to execute, on behalf of the City of Aspen, a release
document in a form identical to Exhibit "A" and such other docu-
RECORD OF PROCEEDINGS 100 Leaves
ments as are necessary to effectuate the aforesaid compromise and
settlement agreement.
Section 3
If any section, subsection, sentence, clause, phrase or
portion of this ordinance is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the
remaining portions thereof.
Section 4
A public hearing on the ordinance shall be held on the
day of ~ , 1983, at 5:00 P.M. in
the City Council Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED published as provided by law by
the City Council of the City of Aspen on the /~ day of
, 1983.
: - . Herman Edel, Mayor
AT~EST:
~ch, City Clerk
FINALLY adopted, passed and approved on this /3 day of
Herman Edel, Mayor
ATTEST:
~athryn ~ Koch, City-Clerk
RECORD OF PROCEEDINGS 100 Leaves
STATE OF COLORADO )
ss CERTIFICATE
COUNTY OF PITKIN )
I, Kathryn S. Koch, City Clerk of Aspen, Colorado, do
hereby certify that the above and foregoing ordinance was
introduced, read in full, and passed on ~
at ~
reading a regula~meetlng of the City Council of the
City of Aspen on~9'~7//~2.a~ /~ , 19~ , and published
in the Aspen Times a weekly newspaper of general circulation
published in the City of Aspen, Colorado, in its issue of
. .~ .~ , 19.~ , and was finally adopted
and~pproved at a regular meeting of the City Council on
provided by law.
IN WITNESS WHEREOF, I have hereuntc set my hand and
the seal of said City of Aspen, Colorado this ~--- day
~och, City Clerk
SEAL
Deputy City Clerk