HomeMy WebLinkAbout1996-22 IGA with Eagle County Animal Control for Animal Control ServiesRESOLUTION N0.22
SERIES OF '1996
A RESOLUTION DIRECTING THE TOWN MANAGER TO ENTER INTO AN
INTERGOVERNMENTAL AGREEMENT FOR ANIMAL CONTROL SERVICES WITH EAGLE
COUNTY ANIMAL. CONTROL.
WHEREAS, the Town Council of the Town of Vail believes that it is in the community's best
interest to contract for animal control services with Eagle County.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Vail, Colorado,
that:
1. The Town Manager is hereby authorized to enter into the intergovernmental
Agreement, as attached hereto as Exhibit A, with Eagle County to provide animal control services
for the Town of Vail.
2. This resolution shall take effect immediately upon its passage.
INTRODUCED, READ, APPROVED AND ADOPT this 17t ay of December, 1996.
yr~G4/
obert W. Armour, Mayor
ATT 5T:
Holly L. McCutcheon, Town Clerk
Resolution No. 22, Series of 9996
Resolution No. 22, Series of 9996
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE COUNTY OF EAGLE, STATE OF COLORADO
AND
THE TOWN OF VAIL
This Agreement made this day of 1996, by and
between the Town of Vail (the "Town") and the County of Eagle, State of Colorado (the
County").
WHEREAS, the Town desires to contract with the County for the performance of
the hereinafter described Animal Control Services on the terms and conditions
hereinafter se# forth; and
WHEREAS, the County is agreeable to rendering such Animal Control Services
on the terms and conditions hereinafter set forth; and
WHEREAS, this Intergovernmental Agreement is authorized pursuant to Section
18, Article XiV, of the Colorado Constitution; C,R.S. 29-1-201, et. seq. and C.R.S. 30-
15-10'1.
NOW, THEREFORE, in consideration of the mutual covenants, conditions and
promises contained herein, the parties hereto agree hereby as follows:
SECTION 1, TERRITORY COVERED.
The territory covered by this Agreement is all of tha# certain property legally ds~scribed
as the Towri of Vail
SECTION 2. DEFINITIONS.
Emeroencv on Cali services is defined as emergency calls received by the
County for which County assistance is required because of the unavailability of Town
employees to respond.
Shelter means The Eagle County Animal Shelter located at 23798 Highway 24,
in Minturn, Colorado, and any other shelter facility operated or designated by County.
EJnclaimed Dav is defined as a calendar day or any part thereof during which an
unclaimed animal is confined in Shelter on behalf of the Town.
Exhibit A
SECTION 3. SCOPE OF SERVICES.
The County agrees to provide general Animal Control Services within the Town of Vail.
The County sha11 provide:
A} 6QQ randomly-scheduled patrols, consisting of inspection tours looking for
violations or responding to complaints.
B) Twenty-four hours per day Emergency On Call service through Cobrado
State Patrol Dispatch.
C} Administration and enforcement of the current Title 6, Animals of the
Municipal Code of the Town of Vail presently in effect and as may be
subsequently amended as applied within the Town of Vail.
D) The County shall provide the Town with quarterly reports and an annual
report of services provided pursuant to this Agreement. Such, reports
shall include the number of calls for service, number of animals sheltered,
number of Unclaimed Days, and number of citations issued.
E} Emergency On Call service will be provided during the period when an
Eagle County Animal Control Officer is not on duty. In the event that an
Eagle County Animal Control Officer is not immediately available to
respond to an incident or emergency, the Town of Vail will provide
personnel to "secure" the scene and administer control of the situation
until the Eagle County Animal Control Officer arrives to resolve said
incident.
F) .Animal sheltering services for animals attributable to the Town, of the
nature and quality customarily provided at the Shelter. Animals
attributable to the Town are animals impounded within the Town of Vail
and animals owned by persons dwelling, permanently or temporarily, in
the Town of Vail.
SECTION 4. OFFICIAL STATUS.
For the purpose of performing the Animal Control Services and functions set forth in this
agreement, Eagle County Animal Control shall enforce, as the Town's agent, the
Municipal Ordinances relating to animals naw in effect and as amended from time to
time.
SECTION 5. EQUIPMENT.
The County shat! furnish and supply, at its sole expense, all necessary labor,
supervision, equipment, motor vehicles, office space, and operating and office supplies
necessary to provide the services to be rendered hereunder.
SECTION 8. COIViPENSATION.
The Town of Vail agrees to pay the County, monthly, the sum of $ 1975.30
based on estimated patrols and on estimated sheltering requirements of {on average)
145 dog Unclaimed Days and 150 cat Unclaimed Days. ,
The Town of Vail agrees to pay the County, on or before the fifteenth of each month, for
services rendered the previous month plus any additional billing received for Response
to On Call Emergencies.
Responding to On Call Emergencies: $25.OOlincident.
Ail fees and expenses recovered at or for the Shelter will remain with the County.
All courk fines and casts will remain with the court of venue.
The County shall administer the County's Dog Tag Program for the Town. f111onies
collected from residents of the Town shall be applied in a 60-40°!o relationship with the
Town receiving 60°!0 of those fees collected for Dog Tags from residents of the Town of
Vail.
SECTION 7. PERSONNEL.
The Eagle County Animal Control Officer shall have full cooperation from the
Town of Vail, its public works, its police officers andlor their respective officers, agents,
and employees, so as to facilitate the performance of this Agreement.
The rendition of Animal Control Services provided for herein, the standards of
performance, the discipline of officers, and other matters incident to the performance of
such services and the control of personnel so employed, shall remain in the County.
All persons employed in the performance of such Anima! Control Services for the
Vail pursuant tv this agreement, shall be County employees, except for Town
personae! used to "secure" the scene as described in Section 3, above, and except fior
employees of Animal Hospital of Vaii Valley, lac. or other operator ofi the Shelter.
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SECTION $. LIABILITY AND INSURANGE.
A. The County, its officers and employees, shall not be deemed to assume
any Iiabillty for intentlonal 4r negligent acts, errOl'S, Or OmISSiOnS Of the
Town or of any officer or employee thereof. Likewise, the Town, its
officers and employees, shall not be deemed to assume any liability for
intentional or negligent acts, errors or emissions of the County or by any
officer or employee thereof.
B. ~ The County agrees to indemnify, defend and hold harmless to the extent
allowed by law, the Town, its respective agents, officers, servants and
employees of and from any and all loss, costs, damage, injury, liability,
claims, liens, demands, action and causes of action whatsoever, arising
out of ar related to the County's intentional or negligent acts, errors ar
omissions or that of its agents, officers, servants, and employees, whether
contractual yr otherwise. Likewise, the Town agrees to indemnify, defend
and hold harmless to the extent a[iowed by law, the County, its respective
agents, officers, servants and employees of and from any and all lass,
costs, damage, injury, liability, claims, liens, demands, action and causes
of action whatsoever arising out of ar related to the Town's intentional or
negligent acts, errors or omissions ar that of it's agents officers, servants
and employees, whether contractual or otherwise.
C. The County and the Town shall respectively provide its own public liability,
property damage, and errors and omissions insurance coverage as each
party may deem adequate and necessary for any potential liability arising
from this Agreement. Further, the County-and the.Town, respectively,
steal! name, subject to the approval of each respective party's insurance
carriers, the other respective party as a coansured under such insurance
policies to the extent of any potential liability arising under this Agreement
and, upon reasonable written request, shat! furnish evidence of the same
to the other respective party.
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SECTION 9. TERM AND TERMINATION.
This Agreement is effective January 1, 1997, and shalt end on the 31st day of
December, 1997. Either party shall have the right to terminate this Agreement with or
without cause at any time by giving the other party thirty days' prior written notice of
termination. Upon termination, the County shat! be entitled to compensation for
services perFormed prior to such termination, and both parties shall be relieved of any
and aH other duties and obligations under this Agreement.
Obligations of the Town of Vail and the County, respectively, after the current fiscal
year, are contingent upon funds for the purpose set forth in this Agreement being
appropriated, budgeted and otherwise made available.
SECTION 10. GENERA!. PROVISIONS.
A. All notices, requests, consents, approvals, written instructions, reports or
other communication by the Town of Vail and the County, under this
Agreement, shalt be in writing and shall be deemed to have been given or
served, if delivered or if mailed by certified mail, postage prepaid or hand
delivered to the parties as follows;
Town of Vail: Town Attorney
Town of Vail
75 S Frontage Rd
Vail, Colorado 81657
County of Eagle: Eagle County Attorney
P.O. Box 850
Eagle, CO 81831
Either Party may change the address to which notices, requests,
consents, approvals, written instructions, reports or other communications
are to be given by a notice of change of address given in the manner set
forth in this paragraph A.
B. This agreement does not and shat! not be deemed to confer upon or grant
to any third party any right to claim damages or to bring any lawsuit,
action or other proceedings against either the Town or the County
because of any breach hereof or because of any terms, covenants,
agreements or conditions contained herein.
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C. No modification or waiver of this Agreement or of any covenant, condition,
or provision herein contained shalt be valid unless in writing and duly
executed by the party to be charged therewith.
D. This written Agreement embodies the whole agreement between the
parties hereto and there are no inducements,. promises, terms, conditions,
or obligations made or entered into either by the County or the Town other
than those contained herein.
E. This Agreement shall be binding upon the respective parties hereto, their
successors or assigns and may not be assigned by anyone without the
prior written consent of the other respective party hereto.
F. All agreements and covenants herein are severable, and in the event that
any of them shall be held invalid by a court of competent jurisdic#ion, this
Agreement shall be interpreted as if such invalid Agreement or covenant
were not contained herein.
G. The Town has represented to the County and, likewise, the County has
represented to the Town, tha# r`t possesses the legal ability to enter into
this Agreement. In the event that a court of competent jurisdiction
determines that either of the parties hereto did not possess the legal
ability to enter into this Agreement, #his Agreement shall be considered
null and void as of the date of such Court determination.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement the day and year first above written.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
ATTEST:
By:
Clerk to the Board of
County Commissioners
ATTEST
BY:
Town Clerk
BY:
George A. Gates, Chairman
TOWN OF VAIL
BY:
Robert W. McLaurin, Manager
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RESOLUTION N0.23
SERIE5 OF 1996
A RESOLUTION DIRECTING THE TOWN MANAGER TO EXECUTE THE
INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF VAIL AND
VAIL VALLEY CONSOLIDATED WATER DISTRICT.
WHEREAS, the Town of Vail and Vail Valley Consolidated Water District have entered into
a partnership to construct affordable housing within the Town of Vail.
NOW, THEREFORE, BE iT RESOLVED by the Town Council of the Town of Vail, Colorado,
that:
1. The Town Manager is hereby authorized to execute the Intergovernmental
Agreement with Vai[ Valley Consolidated Water District as attached hereto as Exhibit A.
2. This resolution shall take effect immediately upon its passage.
INTRODUCED, READ, APPROVED AND ADOPTE his 17th day of December, 1996.
obert W. Armour, Mayor
ATTEST:
p~1C ,
Holly L. McCutcheon, Town Clerk
Resolution No. 23, Series of 1995
Resolution No. 23, Series of 7996
INTERGOVERNMENTAL AGREEMENT
This Intergovernmental Agreement ("Agreement") is made and entered this 29th day of May,
1996, between VAIL VALLEY CONSOLIDATED WATER DISTRICT ("VVCWD"} and TOWN
OF VAIL, COLORADO ("Town"), collectively referred to as "Parties".
WHEREAS, VVCWD is the coordinating entity and developer of a proposed multi-unit
housing project to be used primarily for the benefit of employees in the Eagle County region
Project"); and
WHEREAS, Town wishes to participate in the Project, and is willing to contribute an
adjacent parcel of property owned or to be acquired by Town toward the Project; and
WHEREAS, WCWD has determined that the addition of the Town property contributed by
Town would benefit the Project by maximizing the number of housing units that could be anode
available; and
WHEREAS, VVCWD and Town have both determined that the provision of hauling for the
benefit of local employees is an appropriate, necessary and valid public purpose; and
WHEREAS, Parties wish to allow for Town's participation in the Project pursuant to the
terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the terms and conditions of this Agr~o~~~ent, the
Buff ciency of which is mutually acknowledged, Parties agree as follows:
1. Conveyance of Town Property. Town shall diligently pursue the acquisition of a
parcel of real property presently owned by USFS, and mare particularly described on Exhibit A
which is attached and incorporated by this reference ("Town Property"). This Agreement is
expressly contingent upon Town's acquisition of the Town Property from USFS. If Town is unable
to acquire the Town Property, this Agreement shall be of no force and effect. Upon Town's
acquisition of the Town Property, it shall contribute the Town Property to the Project, via special
warranty deed, prior to the issuance of Certificates of Occupancy on the Project.
2. Rezanin~ of Town Property. VVCWD shall be pursuing the rezoning of the xeai
property that will be the primary parcel of land used in the affordable locals'
employee housing project. Concurrently with WCWD's rezoning efforts, Town
shall initiate rezoning of the Town Property. Town's efforts to rezone the Town
Property shall be initiated even prior to the Town's conveyance of the Town Property
to the VVCWD, if necessary. VVCWD shall assume the role of the primary
proponent for the concurrent rezonings, and Town shall cooperate with VVCWD.
Exhibit A
NOTE: This is Agreement as presently constituted. It will be subject to discussion
and amendment as agreed between 'own Council and Vail Valley Consolidated
Water District at 12/17/96 work session.
V • ~ .
3. Town Particinatian in Joint Affordable Locals' I-lousing Effort. Tn exchange for
Town's conveyance of the Town Property to the Project, Town shall have the opportunity to
participate in the Project. In addition to its conveyance of the Town Property to the Project, Town
shall provide a cash contribution as funds are expended on the Project. WCWD shall maintain sole
control over the design and development of the Project, and shall, in its sole discretion, establish the
policies and procedures under which units in the Project are leased or sold, subject to the following
general guidelines:
a. A minimum of 75% of the total units constructed as part of the Project
including units constructed on the Town Property} shall be occupied by
individuals who axe employed in Eagle County and their families. WCWD
and Town may, in their sole discretion, offer up to 25% of the total number
of the constructed units as "free market" units for the purpose of reducing the
cost of the remaining units equally throughout the Project on a cost per
square footage basis.
b. Upon completion of the Project, Town shall be entitled to purchase, at cost,
an ownership interest in up to twenty-five percent (25%} of the unit
constructed. Far example, if I6 units are constructed and Town provides
25% of the Project costs, Town would receive title to 4 units upon
completion of the Project. The units to be owned by Town upon completion
of the Project shall be referred to as "Town Units." The interim cash
contributions made by Town shall be applied to the purchase of Town Units.
c. For those units reserved for occupancy by local employees, VVCWD and
Town will establish and implement a maximum cap on appreciation for re-
sales in order to ensure the long term affordability of the local employee
housing units. AlI units shall have a deed restriction identical to the
restrictions attached as Exhibit B.
d. WCWD or its designee shall have the right of first refusal on all unit resales,
except Town Units. if VVCWD does not exercise this right of first refusal,
the units shall be made available for sale to the public through a system
which could be similar to the Town's "lottery" system. Tawas or its designee
shall have an equivalent right of first refusal for all Town Units.
4. ~scellaneou~. This Agreement represents the full understanding of Parties and
supersedes any prior understandings, discussions or agreement as regards the subject matter. Ties
Agreement may not be assigned without the written consent of the non-assigning party. This
Agreement cannot be amended or modif ed, unless in writing executed by both Parties.
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IN WITNESS WHEREOF. Parties have caused this Agreement Co be executed as oI
the day and year first above written.
VAIL VALLEY CONSOLIDATED WATER
DISTRICT
Frede~ck P. Sackbauer, IV, Chairman
ATTEST:
r
itw.
By D. Brown, Secretary
STATE OF COLORADO )
ss.
COUNTY OF EAGLE }
The foregoing Intergovernmental Agreement was acknowledged before me thisdayofCYI~o , 1996, by Frederick P. Sackbauer, IV as Chairman
and Byron D. Browas Secretary of Vail Valley Consolidated Water District.
Witness my hand and official seal.
Notary iic
My commission expires: ~ulgl®
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IN WITNESS WHEREOF Parties have caused this Agreement to be executed as of
the day and year frst above written.
TOWN OF VAIL
Pame~.a A, Brandmeyer
Title Acting Town Manager
ATTEST:
By Ltu u1/ /YI ~(L~lp-~l ~.
Title: ~~ Crl~'JCN
STATE OF COLORADO
COUNTY OF EAGLE
ss.
The foregoing Intergovernmental Agreement was acknowledged before me this
9th day of July , 1996, by Pamela A. Brandmeyer ~ ~
Acting Town Manager ~~l as
of Town of Vail, Colorado.
Witness my hand and official seal.
Notary Public
My commission expires:
Anna E.l~Mgi~t. ~~ p~bGc
y Ca»misslon fires Frl7-I999
75 S. Fmnte6$ Road
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RQPERTY DESCRIPTIQN
A parcel of land within
south, Range $1 west of
County, Colorado, descr
EX~BTT A~ ~ ~ ~ ~ .
the NEI14 SE1/4 Section 1, Township S
the S;xth Principal hferidian, Eagle
bed as follows
Beginning at a point on the southerly line of said NE1/4 SE1/4
Section 1, said point also being the northwesterly corner of
Block D. Lion's Ridge Subdivision, according to the snap thereof
recorded in Book 215 at Page 648 in the office of the Eagle
County, Colorado, Clerk and Retarder; thence, departing said
southerly line, N22'33'00'w 84,13 feet; thence N49'45'28'E
55.05 feet; thence 53.$5 feet nlong the arc of a curve to the
right, having a radius of 200,00 feet, a central angle of
15'25'35' and a chord that bears N57'28'16'Er 53.69 feet;
thence 41.90 feet along the arc of a curve to the right, having a
radius of 27.0'0 feet, n central angle of 88'54`26`, and a chord
that bears S70'21'44'E 37.82 feet; thence S25'54'31'E 137,47
feet to the. said southerly line of the NE i/4 SE 1/4 Section 1,
said tine also being the northerly line of said Block B; thence,
along said line, S87°48`35'w 150.82~feet to the Point Cf
Beg;nning, containing 0.3964 acres, r~ore or less.
The bearings of the above described
of N87'48'35'E on the southerly line
1, TSS, R81w, per the plat of Lion's
Date _~~~5~.___
parcel are based on a bearing
of the NE1/4 SE1/4 Section
Ridge Subdivision.
r _ ..___= '
Stan Hogfe
i'
Colorado P.L.S. 2b598
I --~- ~
EDGE OF RaAp
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i~88.3~'2$'
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LCi37.82
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150.82
P.O.B.
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1
S.E. 1/16 COR. 5EC. i 1
BLOCK
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SCALE: 1" = 5Q'
N.E. COR. S.E. 1/4 S.E. t/4 '
SEC. 1