AURORA — The city and a homeowners association have reached a settlement in a lawsuit filed over last year’s closing of Mission Viejo Library.
Under the conditions of the agreement, the city will create a general-improvement district and propose a property-tax increase to voters living near the library.
If passed, money from the tax will go toward maintaining, staffing and equipping the library, at South Chambers Road and East Hampden Avenue.
If the tax measure fails, the lawsuit — considered inactive and not closed — can continue.
The issue will probably go to voters in November.
Attorney Bob Hoban, who represented Mission Viejo, said both sides will meet today to discuss the boundaries of the improvement district.
In 2009, voters in the area favored by about a 63 percent margin a tax hike that would have funded all libraries in the city, Hoban said. However, the citywide measure failed.
“I think the chances are really good it passes,” Hoban said. “My clients are happy; the city’s happy.”
Aurora City Councilman Bob Broom, who represents the Mission Viejo area, said he was pleased that a settlement was reached. He also praised a mediator who helped both sides reach the agreement.
The Mission Viejo Library was one of four libraries that Aurora closed all of last year because of budget woes.
But the HOA took Aurora to court, saying it had a 1973 agreement from the developer of the neighborhood that called for the library to remain open for 50 years.
Aurora officials disputed the length of time in the contract.
The city reopened the library in January, but with very limited hours.
Although the law firm of Hoban & Feola represented the HOA largely for free, the agreement does call for $6,000 in attorney fees to be paid by Aurora.
The deal also requires that the library remain open until the vote on creating the improvement district is certified.
Carlos Illescas: 303-954-1175 or cillescas@denverpost.com
