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Home My WebLink About20170449.tiffRESOLUTION RE: APPROVE JOINT MOTION AND STIPULATION TO APPROVE SETTLEMENT AND DISMISS REMAINING CLAIMS AND AUTHORIZE COUNTY ATTORNEY TO SIGN - HIGH PLAINS LIBRARY DISTRICT LITIGATION WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Joint Motion and Stipulation to Approve Settlement and Dismiss Remaining Claims ("Settlement Stipulation") among the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the Town of Ault, the Town of Eaton, the City of Evans, the City of Fort Lupton, the City of Greeley, the Town of Hudson, the RE -8 School District, and the High Plains Library District, with terms and conditions being as stated in said Settlement Stipulation, and WHEREAS, after review, the Board deems it advisable to approve said Settlement Stipulation, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Settlement Stipulation among the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the Town of Ault, the Town of Eaton, the City of Evans, the City of Fort Lupton, the City of Greeley, the Town of Hudson, the RE -8 School District, and the High Plains Library District be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the County Attorney be, and hereby is, authorized to sign said Settlement Stipulation. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of February, A.D., 2017. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Cent Weld County Clerk to the Board BY () .i • eputy Clerk to the Board D AS TO ounty Attorney Date of signature:C0A( tcat 17 cc cc,- ce,B ( t,) 3/Co(I-7 Ju'ii K Cozad, Chair Steve Moreno, Pro-Tem EXCUSED Sean P. Conway 0 arbara Kirkmeyer 2017-0449 LI0009 DISTRICT COURT, WELD COUNTY, COLORADO Court Address: 915 10th Street, Greeley, CO, 80632 DATE FILED: March 2, 2017 9:26 AM CASE, NUMBER: 2014CV30358 O COURT USE ONLY O Plaintiff(s) HIGH PLAINS LIBRARY DISTRICT et al. V. Defendant(s) BARBARA KIRKMEYER et al. Case Number: 2014CV30358 Division: 5 Courtroom: Order Approving Settlement Stipulation and Dismissing Remaining Claims The motion/proposed order attached hereto: GRANTED. Issue Date: 3/2/2017 MARCELO ADRIAN KOPCOW District Court Judge 0291 0`, Page 1 of 1 DISTRICT COURT, WELD COUNTY, COLORADO Court Address: 901 9th Avenue, Greeley, CO 80631 Mailing Address: P.O. Box 2038, Greeley, CO 80632 ♦ COURT USE ONLY • Plaintiffs: HIGH PLAINS LIBRARY DISTRICT; KAREN RADEMACHER, Trustee; LUCILLE ARNUSCH, Trustee; JACQUELINE MASLOWE, Trustee; BRIAN LARSON, Trustee; STAN SAMESHIMA, Trustee; CITY OF GREELEY; and CITY OF EVANS; v. Defendants: WELD COUNTY; TOWN OF AULT; CITY OF FORT LUPTON; TOWN OF EATON; TOWN OF HUDSON; and RE -8 SCHOOL DISTRICT. Case Ns: 2014 CV 30358 Division: 5 ORDER APPROVING SETTLEMENT STIPULATION AND DISMISSING REMAINING CLAIMS This matter comes before the Court on the Joint Motion and Stipulation to Approve Settlement and Dismiss Remaining Claims (the "Stipulation") filed by the parties on February 28, 2017. The Court has reviewed the Stipulation and hereby finds that good cause exists to grant the requested relief. IT IS THEREFORE ORDERED that the Stipulation is APPROVED and made an Order of this Court. IT IS FURTHER ORDERED, as stated in the Stipulation at paragraphs 16, 17, and 18, that all remaining claims for relief are dismissed with prejudice; that the injunction set forth in the Court's Order dated April 29, 2014 ("Injunction") shall remain in effect to and until the six new HPLD Trustees are ratified and sworn in; that the Court shall retain jurisdiction to enforce the Injunction; and that each party shall bear its own attorneys' fees and costs. SO ORDERED this _ day of March, 2017. BY THE COURT: Marcelo A. Kopcow District Court Judge DATE FILED: February 2 DISTRICT COURT, WELD COUNTY, COLORADO Address: 901 Ninth Avenue P.O. Box C Greeley, CO 80632 Telephone: 970-475-2400 FILING ID: 164F6BSB8B7E6 CASE NUMBER: 2014CV30358 O COURT USE ONLY O Plaintiffs: HIGH PLAINS LIBRARY DISTRICT, KAREN RADEMACHER, Trustee; LUCILE ARNUSCH, Trustee; JACQUELINE MASLOWE, Trustee; BRIAN LARSON, Trustee; STAN SAMESHIMA, Trustee; CITY OF GREELEY; and CITY OF EVANS. v. Defendants: WELD COUNTY, TOWN OF AULT, CITY OF FORT LUPTON, TOWN OF EATON, TOWN OF HUDSON, and RE -8 SCHOOL DISTRICT Bruce T. Barker, Weld County Attorney, No. 13690 Bob Choate, Asst Weld County Attorney, No. 40588 1150 "0" Street, Greeley, CO 80632; 970-336-7235 bbarker@co.weld.co.us; bchoate@co.weld.co.us Case Number: 14CV30358 Division: 5 Counsel for Defendant Weld County Gregory S. Bell, No. 9630 Jeremy E. Scott, No. 33340 Bell, Gould & Scott, P.C., 322 East Oak Street, Fort Collins, CO 80524 (970) 493-8999 #bell@bell-law.com; jedscott@bell-law.com Counsel for Defendant Town ofAult Avi Rocklin, No. 22038 Law Office of Avi S. Rocklin 19 Old Town Square, Suite 238, Fort Collins, CO 80524 (970) 419-8226; avi@rocklinlaw.com Counsel for Defendant Town of Eaton Corey Y. Hoffman, No. 42920 M. Keith Martin, #44505 Hoffmann, Parker, Wilson & Carberry, P.C. 1530 16th Street, Suite 200, Denver, CO 80202 (303) 825-6444 cyhoffmann@hpwclaw.com; km@hpwclaw.com Counsel for Defendant Town of Hudson Michael W. Schreiner, No. 15226 Elizabeth S. Francis, No. 48523 Caplan and Earnest LLC 1800 Broadway, Suite 200, Boulder, CO 80302 (303) 443-8010 mschreiner@celaw.com; efrancis@celaw.com Counsel for Defendant RE -8 Weld County School Dist. J. Andrew Ausmus, No. 22267 Ausmus Law Finn, P.C. 6020 Greenwood Plaza Blvd, Suite 100 Greenwood Village, CO 80111; (303) 694-4248 andvAausmuslaw.com Counsel for Defendant City of Fort Lupton Jennifer Lynn Peters, No. 31699 Timothy R. Odil, No. 35771 Otis Bedingfield & Peters LLC, 1812 56th Ave, 2"d Floor Greeley, CO 80634; 970-330-6700 ipeters@nocoattorneys.com; todil@nocoattorneys.com Nathan A. Godsey, No. 42939, Godsey Law Office, LLC 208 lit Street, Suite A, Eaton, CO 80615, 970.454.2088 nathan@godseylawoffice.com Counsel for Plaintiffs HPLD Douglas Marek, Greeley City Attorney, No. 45513 Susan Henderson, Senior Asst. City Attorney No. 31416 1100 10th Street, Suite 401, Greeley, CO 80631 Phone: (970) 350-9757; douglas.marek@greeleygov.com susan.hendersonagreelevgov.com Attorneys for Plaintiff City of Greeley Scotty Krob, #10572, scott@kroblaw.com Daniel Krob, #44440, dkrob@evanscolorado.gov 1100 37th Street, Evans, CO 80631 Phone: (970) 475-1111; Fax: (970) 330-3472 Attorneys for Plaintiff City of Evans JOINT MOTION AND STIPULATION TO APPROVE SETTLEMENT AND DISMISS REMAINING CLAIMS Page 2of14 COMES NOW, PLAINTIFFS High Plains Library District ("HPLD"), Trustee Jacqueline Maslowe, Trustee Karen Rademacher, Trustee Lucille Arnusch, Trustee Stan Sameshima, Trustee Brian Larson, City of Greeley, and City of Evans, and DEFENDANTS Weld County, Town of Ault, Town of Eaton, Town of Hudson, City of Fort Lupton, and RE -8 School District (collectively, "the Parties"), by and through their counsel, hereby respectfully request this Court approve and order the Stipulation to Approve Settlement ("Settlement Stipulation") set forth below. In support, the Plaintiffs and Defendants state as follows: 1. Each of the Parties have had the opportunity to consider and approve the terms of the Settlement Stipulation. 2. Each of the undersigned counsel is authorized to bind their respective clients to the terms of the Settlement Stipulation. 3. The Parties agree that approval of the Settlement Stipulation by the Court resolves the litigation, except that the Court shall retain jurisdiction to enforce the Injunction dated April 29, 2014, as set forth below. 4. The Parties request this Court signify its approval of the Settlement Stipulation by signing in the place so designated at the end of the document. SETTLEMENT STIPULATION Status of Evans and the RE -8 Board of Education 5. Evans shall be deemed to be an Establishing Body/Entity (hereinafter referenced as `Establishing Body"). 6. Fort Lupton and the Re -8 School District, who are and shall remain Establishing Bodies, agree that combined they shall send only one representative to the HPLD trustee nomination committee. Trustee Nomination Committee Process 7. The Establishing Entities ("EBs") shall be deemed to be: the Town of Ault, the Town of Eaton, the City of Evans, the City of Fort Lupton, the City of Greeley, the Town ofHudson, the RE -8 School District and the County of Weld. 8. Each of the EBs shall be entitled to send one representative to participate in a Nominating Committee for the appointment of the Trustees to the HPLD Board, except that the City of Fort Lupton and the RE -8 School District shall collectively send one representative, all with formal voting rights. Page 3of14 9. The HPLD Board shall be entitled to send two representatives to participate in a Nominating Committee for the appointment of the Trustees to the HPLD Board, both with formal voting rights. 10. Members of the public, including Library District representatives or elected officials, may informally participate and offer public comment, but without formal voting rights. 11. Trustee nominees shall be nominated by a majority vote of the members of the Nomination Committee present at the meeting. 12. Subsequent to nomination, Trustee ratification shall require unanimous approval of the EBs by a two-thirds vote of the governing body of each EB, pursuant to the Court's Order of January 18, 2017. The HPLD Board shall not be entitled to vote on ratification of the Trustees. 13. The parties shall honor the geographic areas of representation for HPLD Trustees as set forth in the HPLD Bylaws. 14. Each HPLD Trustee shall serve for a four-year term and shall be required to reapply for consideration as a trustee candidate and undergo the Nomination Committee process anew upon expiration of each trustee term. 15. Given the 2017 nomination committee's unique task of nominating HPLD Trustee replacements for six open seats, certain additional procedures shall be in place, namely: a. All EBs shall make efforts to solicit well -qualified trustee candidates. b. The Nomination Committee shall create a process to determine which of the six replacement trustees will be nominated for four-year, three-year, and two-year terms respectively, in order to ensure that no more than one or two trustee vacancies shall occur in any given year. Dismissal of Remaining Claims and Continuing Jurisdiction 16. All remaining claims for relief shall be dismissed with prejudice. 17. The injunction set forth in the Court's Order dated April 29, 2014 ("Injunction"), shall remain in effect to and until the six new HPLD Trustees are ratified and sworn in. The Court shall retain jurisdiction to enforce the Injunction. 18. Each Party shall bear its own attorneys' fees and costs. Execution of Settlement Stipulation Page 4 of 14 19. This Settlement Stipulation may be executed in multiple counterparts which, when taken together, shall be deemed an original and constitute one and the same document. The signature of any party to the counterpart shall be deemed a signature to the Settlement Stipulation, and may be appended to, any other counterpart, Respectfully Submitted 21 _ Bt. e Barker, on behalf of Defendant Weld County Da e of Jed Scott, on behalf of Defendant Town of Ault tature Date of Signature Andy Ausmus, on behalf of Defendant City of Ft. Lupton Date of Signature Avi Rocklin, on behalf of Defendant Town of Eaton Date of Signature Corey Hoffmann, on behalf of Defendant Town of lndson Date of Signature Michael Schreiner, on behalf of Defendant RE -8 School District Date of Signature Douglas Marek, on behalf of Plaintiff City of Greeley Date of Signature Scott Krob, on behalf of Plaintiff City of Evans Date of Signature Tim Odil, on behalf of Plaintiff UPLD and Trustees Date of Signature Page 5 of 14 20 / 7- d 9 19, This Settlement Stipulation may be executed in multiple counterparts which, when taken together, shall be deemed an original and constitute one and the same document. The signature of any party to the counterpart shall be deemed a signature to the Settlement Stipulation, and may be appended to, any other counterpart. Respectfully Submitted, Bruce Barker, on behalf of Defendant Weld County Date of Signature Jed Scott, o shelf of Defendant Town of Ault 2j21t"I Date of Signature Andy Ausmus, on behalf of Defendant City of Ft. Lupton Date of Signature Avi Rocklin, on behalf of Defendant Town of Eaton Date of Signature Corey Hoffmann, on behalf of Defendant Town of Hudson Date of Signature Michael Schreiner, on behalf of Defendant RE -8 School District Date of Signature Douglas Merck, on behalf of Plaintiff City of Greeley Date of Signature Scott Krob, on behalf of Plaintiff City of Evans Date of Signature Tim Odil, on behalf of Plaintiff HPLD and Trustees Date of Signature Page 6 of 14 19. This Settlement Stipulation may be executed in multiple counterparts which, when taken together, shall be deemed an original and constitute one and the same document. The signature of any party to the counterpart shall be deemed a signature to the Settlement Stipulation, and may be appended to, any other counterpart. Respectfully Submitted, Bruce Barker, on behalf of Defendant Weld County Date of Signature Jed Scott, on behalf of Defendant Town of Ault Date of Signature A , y Zus, on be : t Q A efendant City of Ft. Lupton Date of Signature Avi Rocklin, on behalf of Defendant Town of Eaton Date of Signature Corey Hoffmann, on behalf of Defendant Town of Hudson Date of Signature Michael Schreiner, on behalf of Defendant RE -8 School District Date of Signature Douglas Marek, on behalf of Plaintiff City of Greeley Date of Signature Scott Krob, on behalf of Plaintiff City of Evans Date of Signature Tim Odil, on behalf of Plaintiff HPLD and Trustees Date of Signature Page 7 of 14 19. This Settlement Stipulation may be executed in multiple counterparts which, when taken together, shall be deemed an original and constitute one and the same document. The signature of any party to the counterpart shall be deemed a signature to the Settlement Stipulation, and may be appended to, any other counterpart. Respectfully Submitted, Bruce Barker, on behalf of Defendant Weld County Date of Signature Jed Scott, on behalf of Defendant Town of Ault Date of Signature Andy Ausmus, on behalf of Defendant City of Ft. Lupton Date of Signature February 18, 2017 Avi Rocklin, on behalf of Defendant Town of Eaton Date of Signature Corey Hoffmann, on behalf of Defendant Town of Hudson Date of Signature Michael Schreiner, on behalf of Defendant RE -8 School District Date of Signature Douglas Marek, on behalf of Plaintiff City of Greeley Date of Signature Scott Krob, on behalf of Plaintiff City of Evans Date of Signature Tim Odil, on behalf of Plaintiff HPLD and Trustees Date of Signature Page 8 of 14 19. This Settlement Stipulation may be executed in multiple counterparts which, when taken together, shall be deemed an original and constitute one and the same document. The signature of any party to the counterpart shall be deemed a signature to the Settlement Stipulation, and may be appended to, any other counterpart. Respectfully Submitted, Bruce Barker, on behalf of Defendant Weld County Date of Signature Jed Scott, on behalf of Defendant Town of Ault Date of Signature Andy Ausmus, on behalf of Defendant City of Ft. Lupton Date of Signature Avi Rocklin, on behalf of Defendant Town of Baton orcy inn, on b Date of Signature 2_ // f of Defendant. Town of Hudson Date of Signature Michael Schreiner, on behalf of Defendant RE -8 School District Date of Signature Douglas Marek, on behalf of Plaintiff City of Greeley Date of Signature Scott Krob, on behal I of Plaintiff City of Evans Date of Signature Tim Odil, on behalf of Plaintiff HPLD and Trustees Date of Signature Page 9 of 14 19. This Settlement Stipulation may be executed in multiple counterparts which, when taken together, shall be deemed an original and constitute one and the same document. The signature of any party to the counterpart shall be deemed a signature to the Settlement Stipulation, and may be appended to, any other counterpart. Respectfully Submitted, Bruce Barker, on behalf of Defendant Weld County Date of Signature Jed Scott, on behalf of Defendant Town of Ault Date of Signature Andy Ausmus, on behalf of Defendant City of Ft. Lupton Date of Signature Avi Rocklin, on behalf of Defendant Town of Eaton Date of Signature Corey Hoffmann, on behalf of Defendant Town of Hudson Date of Signature 01/ 2/15/2017 Michael Schreiner, on behalf of Defendant RE -8 School District Date of Signature Douglas Marek, on behalf of Plaintiff City of Greeley Date of Signature Scott Krob, on behalf of Plaintiff City of Evans Date of Signature Tim Odil, on behalf of Plaintiff HPLD and Trustees Date of Signature Page 10 of 14 19. This Settlement Stipulation may be executed in multiple counterparts which, when taken together, shall be deemed an original and constitute one and the same document. The signature of any party to the counterpart shall be deemed a signature to the Settlement Stipulation, and may be appended to, any other counterpart, Respectfully Submitted, Bruce Barker, on behalf of Defendant Weld County Jed Scott, on behalf of Defendant Town of Ault Date of Signature Date of Signature Andy Auunus, on behalf of Defendant City of Ft. Lupton Date of Signature Avi Rocklin, on behalf of Defendant Town of Eaton Date of Signature Corey Hoffmann, on behalf of Defendant Town of Hudson Date of Signature Michael Schreiner, on behalf of Defendant RE -8 School District Date of Signature Douglas Marek, on be all of Plaintiff City of Greeley Z./ 2.,e, 1 Date of Si ature Scott Krob, on behalf of Plaintiff City of Evans Date of Signature Tim Odil, on behalf of Plaintiff HPLD and Trustees Date of Signature Page 11 of 14 18. Each Party shall bear its own attorneys' fees and costs. Execution of Settlement Stipulation 19. This Settlement Stipulation may be executed in multiple counterparts which, when taken together, shall be deemed an original and constitute one and the same document. The signature of any party to the counterpart shall he deemed a signature to the Settlement Stipulation, and may be appended to, any other counterpart. Respectfully Submitted, Bruce Barker, on behalf of Defendant Weld County Date of Signature Jed Scott, on behalf of Defendant Town of Ault Date of Signature Andy Ausmus, on behalf of Defendant City of Ft. Lupton Date of Signature Avi Rocklin, on behalf of Defendant Town of Eaton Date of Signature Corey Hoffmann, on behalf of Defendant Town of Hudson Date of Signature Michael Schreiner, on behalf of Defendant RE -8 School District Date of Signature Douglas Marek, on behalf of Plaintiff City of Greeley Date of Signature /4yf l4.. Scott Kroh, on behalf of Plaintiff City of Evans Date of Signature Page 12 of 14 19. This Settlement Stipulation may be executed in multiple counterparts which, when taken together, shall be deemed an original and constitute one and the same document. The signature of any party to the counterpart shall be deemed a signature to the Settlement Stipulation, and may be appended to, any other counterpart. Respectfully Submitted, Bruce Barker, on behalf of Defendant Weld County Date of Signature Jed Scott, on behalf of Defendant Town of Ault Date of Signature Andy Ausmus, on behalf of Defendant City of Ft. Lupton Date of Signature Avi Rocklin, on behalf of Defendant Town of Eaton Date of Signature Corey Hof&uann, on behalf of Defendant Town of Hudson Date of Signature Michael Schreiner, on behalf of Defendant RE -8 School District Date of Signature Douglas Marek, on behalf of Plaintiff City of Greeley Date of Signature Scott Krob, on behalf of Plaintiff City of Evans Date of Signature ,9zAft-41 Tim Odil, on behalf of Plaintiff HPLD and Trustees Date of Signature Page 13 of 14 APPROVED THIS DAY OF , 2017. BY THE COURT: District Court Judge Page 14 of 14 Hello