HomeMy WebLinkAboutMINUTES-02/24/1981-SpecialFebruary 24, 1981
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Special Meeting - 1:30 p.m.
A special meeting of the Council of the City of Fort Collins was held on
Tuesday, February 24, 1981, at 1:30 p.m. in the Council Chambers of Fort
Collins City Hall. Roll call was answered by the following Councilmembers:
Gray, Kross, Reeves, St. Croix, and Wilkinson.
Absent: Councilmembers Bowling and Wilmarth.
Staff Members Present: Arnold, Liley, Krajicek.
Joe Wright Reservoir Legal Matters
City Attorney Liley asked for authorization to institute action to injoin
Green Construction of Denver. She noted that the Joe Wright project is
completed and Green has requested final payment. The City is withholding
the final payment. Green then submitted a claim for an additional $2
million. An engineer's report indicated that he did not feet the claims
were justified. Green then submitted settlement claims for approximately
$112 million. The City feels these claims are not justified and are exces-
sive. Green then submitted their initial claim in excess of $2 million and
a demand for arbitration under the contract which means we would have to
arbitrate the question of the legitimacy of the claims with the American
Arbitration Association.
She asked for authorization to go into district court and have two issues
resolved:
Whether or not the claims are even arbitratable under the con-
tract provisions.
2. To determine whether the arbitration is binding because of the
way the arbitration provision is written in the contract.
Councilman Wilkinson made a motion, seconded by Councilman Kross, to go
into district court for a determination of the two issues outlined by the
City Attorney. Yeas: Councilmembers Gray, Kross, Reeves, St. Croix, and
Wilkinson. Nays: None.
THE MOTION CARRIED.
The meeting adjourned at 1:40 p.m.
ATTEST:
city Clerk -
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