HomeMy WebLinkAboutC80-009 TOV Ordinance annexing west vailRecorded at 4:00 P.M..DeC ember 18 1980 Fee T88,00pd
`� u3ILK11, ,girder; Johnnette Phillips > Eagle County
IIook 314
Page 987 ORDINANCE NO. 43
(Series of 1980)
° AN ORDINANCE OF THE TOWN COUNCIL, ANNEXING
AN AREA GENERALLY WEST OF THE TOWN OF VAIL,
COMMONLY KNOWN AS WEST VAIL; SETTING FORTH
DETAILS RELATING THERETO; AND DECLARING AN
EMERGENCY THEREFORE.
WHEREAS, the required number of qualified electors, who
are resident in and landowners of the area proposed to be annexed,
t
to -wit an area generally West of the Town of Vail., commonly known
as West Vail and Intermountain, (described in Exhibit A attached
hereto and made a part hereof) which is situated in Eagle County,
a County of less than twenty-five thousand inhabitants, filed a
Petition for Annexation Election with the Town Clerk of the Town
of Vail, Colorado, requesting the Town to commence proceedings for
the holding of an annexation election, and in the event the proposed
annexation is approved in said election, to annex said area;
WHEREAS, the Town Clerk referred said Petition to the Town
Council of the Town of Vail as a communication at a regular meeting
of the Council on the 19th day of August, 1980; and
WHEREAS, the Town Council of the Town of Vail, Colorado,
hereinafter referred to as the "Town", found the Petition for
Annexation Election to be in substantial compliance with
Section 31-12-107(2), CRS 1973, as amended, and on the 19th day
of August, 1980, adopted Resolution No. 20, Series of 1980,
which is incorporated by reference herein and made a part hereof;
WHEREAS, on the basis of competent evidence presented
in the public hearing on the Petition for Annexation Election
on the 23rd day of September, 1980, the Town Council determined
that the applicable provisions of The Municipal Annexation Act
of 1965, Title 31, Article 12, CRS 1973, as amended, had been
satisfied''and adopted Resolution No. 24, Series of 1980,
which`,, is incorporated by reference herein and made a part hereof;
IVREREAS, the Town filed a Petition for Annexation
Election in „_'the District Court in and for the County of Eagle,
State of Colorado, and the court entered in Civil Action No. 80CV312
an Order for Annexation Election directing that the annexation
election be held on the 9th day of December, 1980, and appointing
three election commissioners to call and hold the election, said
petition and order being incorporated by reference herein and
made parts hereof;
WHEREAS, the Annexation Plat, which was approved by
Resolution No. 24, Series of 1980, a copy of which was filed in
Civil Action No. CV80312, is incorporated by reference herein
and made a part hereof ;
WHEREAS, an election was duly called by the election
commissioners to be held on the 9th day of December, 1980,
between the hours of 7:00 a.m. and 7:00 p.m., at a polling place
situated in the Inn at West Vail, in the West Vail area proposed
to be annexed, described in Exhibit A hereof; the notice of the
election was published in the Vail Trail, a newspaper having
general circulation in the area proposed to be annexed, once a
week for four weeks and was posted at the polling place, said
first publication and posting occurring more than four weeks
preceding the election;
WHEREAS, in the annexation election held on the 9th
day of December, 1980, 410 proper ballots were cast by qualified
electors, of which there was 243 votes for annexation and 167
votes against annexation, as indicated in the Certificate of
Election Results, which is incorporated by reference herein and
made a part hereof;
WHEREAS, on the 10th day of December, 1980, the Dis-
trict Court entered an Order authorizing the Town to annex without
special terms or conditions the area proposed to be annexed, which
Order is incorporated by reference herein and made a part hereof;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF
THE TOWN OF VA I L , COLORADO, AS FOLLOWS:
Town.
SPrtion 1. Annexation of the West Vail Area to the
Pursuant to the Order Authorizing Annexation of the
District Court in and for the County of Eagle, State of Colorado,
-2-
entered in Civil Action No. 80CV312 on the 10th day of December,
1980, the Town of Vail, Colorado, hereby annexes without special
terms or conditions the portion of the West Vail area, County of
Eagle, State of Colorado, described in Exhibit A hereof.
Section 2. Annexation Costs.
All costs and expenses connected with the annexation,
including commissioner fees , shall be paid by the Town of Vail,
Colorado.
Section 3. Filing of Copies of Annexation Plat and
Annexing Ordinance.
Within thirty (30) days after the effective date hereof
the Town Clerk of the Town of Vail, Colorado, shall file the
original copy of the Annexation Plat, a copy of which was filed
in,,Civil Action No. 80CV312 in the District Court in and for the
County of Eagle, State of Colorado, with the original of this
annexation ordinance in the records of the Town, a certified
copy of this ordinance and one copy of said plat with the
County Clerk and Recorder of the County of Eagle, State of
Colorado, and a certified copy of this ordinance and one copy
of said plat with the Division of Local Government of the
Department of Local Affairs, State of Colorado.
Section 4. Zoning of Annexed Area.
Within ninety (90) days after the effective date
hereof the Town of Vail, Colorado, shall impose zoning on the
annexed area in accordance with its Zoning Ordinances.
Section 5. Effective Date of Annexation.
The annexation shall take effect in accordance with the
Charter of the Town of Vail and the Statutes of the State of
Colorado.
Section 6. Emergency Ordinance.
The Town Council finds that an emergency exists for the
completion of this annexation proceeding as follows:
(a) A new fiscal and budgetary year commences on
"e
January 1, 1980 and it is necessary for the Town and the residents
-3-
% V
7,r
of West Vail that services, governmental functions, planning and
zoning take effect -in conjunction with the new fiscal year.
(b) Section 31-12-113(3), CRS 1973, as amended, provides
that an annexation shall be effective for the purpose of general
taxation on the 1st day of January in the year after the effective
date of the annexing ordinance, the Town Council considers that it
is necessary for the preservation of the public property, health,
welfare, peace, or safety to enact this ordinance as an emergency
measure so that it will be effective in 1980 for the purpose of
providing municipal services to the annexed area, and the annexation
will be effective for the purpose of general taxation on the 1st
day of January 1981.
INTRODUCED, READ AS AN EMERGENCY ORDINANCE, APPROVED,
ENACTED TO TAKE EFFECT UPON FINAL PASSAGE ON THIS DATE, AND
ORDERED PUBLISHED ONCE IN FULL WITHIN TEN DAYS AFTER PASSAGE
OR AS SOON AS POSSIBLE, this 16th day of December, 1980.
Mayor
ATTEST:
Town Cle
S/ r OF
(!
Zl T"7'
1llr:l: CLc_RU\
13
ports of Section. i2; -
=_ aeL_oi lend i:'ir g in 11ot s 20'_ znd ?1. : _ - -::
SE iJ�; end thelZ4 'Sb 1�_ lection 11; marts of Sect ion 14' _ = _
• -.
-= •'•�`�ji' �2 SE 1 4 SectZon '-_'c-�rsbipt'5 South, F-anse_81. t'est-of;;the'_5•ixEh:�s_�
---�'= '1'' -n •£z )e CeLnEy''olota3o said %tract of l�nd_iizirg-z�oie ^r ____: - ;•
�..- ..bed ins f G11b�:3 :'• 4`77_Yy C.. ,:-•C.,, :
lazticulaprim 7
s y c_sct' _ -_ - _c_ ;'? = _ :� ' __'fir -=t=_- - _ _
'' s. _. �.- '.i_ '� �••-:� T ��:�_ =v.=' ��a'_-•�� �^.._-_fit---a�,_�s.F=�•�....is �
-" �;i n�+ztners.ezlj coznezin& atof-saia�'Sect3anl;Tt'_hen_ce�r : -
°ji'42" k 1378.39 feet, to-il'.e no,_h:esterly. -corner .0f _"saidr�ot-20;'. >
Z 7- SLvi Dp`�''ti2" 1355-96:
reefs al cag the v-ester?y-1_ in e_ of _said_3,ot_ 20
,d Section 1- Zo One 1/4 cc=: er of s2ic section Baia_
and ? ot. it of • s _ _ _ _
.L F- i g' 4 i" 1+' 3i5S. Q2 f eEt ale..^.g the. r►ortlier3y^ 1-ne•:of,- =
f-llet:re -S �+
SecSE;�1��ctSon 1? t::eorih-erterly cc►rrer of said Section• 12;=t:ien_Ct�
.�;_pp feet a� cas :be zzesterlj 31ne cf said'SecLion•"=32, s. _
�G = S6�i7' �i5^_DD r - .:enteti
11Y.
e� S a�_L_. s t -
bznce.de;.arzamg _re3? i:esier�3 li:. _
Di=33'S51,' 15f5.y�: feet, 'to•a point- oil the mrt�erly 1iiie_of�Che,lr:£.1�/i__
8 . - - 86`17' 3'.' fi i076.S1 feet-_along_.Liie _
Z 'SE i�4 �f szid Section 11; _ihen:e S = _ ,__ _ _ - _ -
• _ . - _ _ _.
F 4 SE 1_ �4'tfl }�e: Horthy estierl corner__of- said-
_ t?�cz3 _line- o. _ seta i;z 3.j ,-
r1�b Sr 1 t:pence S 01°39'00" -W 1343.=_50 -feet a3ong 'tfie,�:esterlS Stria :of�,_�
dj �:E ,l/4 �E �b tot the zi�rti:erstei?ly erns: of: xhe SA' 3��+ SE ���_ ef`said -•._ _ _ - -
_ sa' - -- '6t�p" j�, 73:5:'+ feet a3cng ti -.e northei?y:31ne af:
-'- - Secf`_en ii;.:theace'S - - - -
SE 1/�i :te t�i tiorth<:esteri3 --corner of said cG' 1%�+ cE 7 JIB; -thence
_ said Si, l,�i - iaester?y li-ne of lsaid SW ljt'S£ 114
S pi`j3' fp" �,• 133Lt-.•.`,.6 'f c- al ons the - - :
said Section :1
and said Section 14; rbence S b6°1Y'SL" S+'-
- the '_/�i cc. -re_ of - _
1385.14 feet aloi:g . t" e_northerly lire or.,the ::E 1%4 ?;�'_ 1/4 :of said Section'; � -
? .4 to :},e n;.rth�-esterly corner of said NE 114 I•'�+' 1J4; thence S O1°26'15"
1j4 Tw. 1/�4 to e s -
- T• h ouch -
1=55.77 °eat, a_•ono the esterly line of said I:E
• - 1' *6`'42'24" E 1044.32 feet;
�;2sterly corner of said 1:E 114 ],"' 1/4; thence n _rtherly
�icns t}e scut?�eziy line of said NE to a 'paint on the- no. -
risi:L-or-:sy 'tae of In:erstare Siol:vay NO.: 70; ibance the foil owing ,teq�-•
cc,u:ses along ,saia northerly right -of =� ay_ ?=re; Which is also the southerly:
2 and 18 of said Section_1L::'30".-W-1-4 4:14 feet.6
line or l,nts 1 - - .•' . _ __
• t2) S '..5`kE'36" l.' L'-2.73 feet, (3) S 21°30'D6" V 332.37 :feet to- a ►o3iit .
_ on curve; - (4) 285.12 feet along the. arc of a curare to the right',- said_' curve • rte: ,
hating a:Yadius-af 17 60. feet. and a chord that beers S 39`17'00".:x'_284 93.--
feet;_ {5) •S #ib'S7'4�" k` 253-89 _feet;. tfi)_...5 b7°i9']S" L' 313.39 feet;:�7)= =y_
.24 -feet..- ' point oo curve; -_(83 ' _��K;41 _f eel •elodg th* - _
6i°SD'42'-' V 306 eet, to a - . - - - -
j=
arc �f .$ curve to :the 3 of t, said -curve
having -B radius •af }015. DD ::feel,, at�d_ _._'�' _
5 63.'18'24" i,` ?23.25 feet; .(93 5 59"11'.54-'Z7;307,8�•�C.
a chard that bears _ . -c•
• +' L'-23,89 feet; tbence• eeparting• sail; tiorffierly_ r3gt�t--of-may.•:;Y_�
58 11 06 =
'il'S6" ;t '69.39 feet along the southeYl3• tine of:said i:ot
said Section 14 and said Section 35; thence S $6"1$'30~_3i• ._ ..,. "t„
' the '1/4 -corner f oz _ - - -
137?_41 feet along t're nortnerl} line of *1-.e E 1/2 SE lid of said Section
2 SE -114; fnence S Ul'32'31 E•2691:4i; ;-
_ _ to the roTi _esterl corner of said E 1J - - -_
feet alc:g the _es:ezly lire of said E 112 SE 114 to the sou thvester�y corner' -
r 4• thence T: 86°19'OD" E 1377.58 feet, to ti►e southeasterlX�
or said E 1,2 SE 1/ -, S, 1343_57 feel :to the south-__'=; :
Section 15; !^Eace N 01`30'1_•' -
coz:�ez of said -
•uest_:ly correr of the is 1/2 Sp; 1/4 Of said Section 34; the
E 87'41'35" E :-_' _
2761.25 feet along the soutt,e*lv line of said N 1/2 SM 1/4 to the soutneasterly -
co. -Her of said }: 1/2 S�' 114; thra:e N 01'23'36" V 1368_31 feet along the • _ _ _. -
ea„erly line of sate h 112 S'" 1/4 to the snutnersterly corner of the '��•' i/4
_ o: said Section 7 b; ►=,ince continuing• Iii 01'23,'.36" L'. 1367:45. feet, along the ,
e2ster3q line ei Lets '►b and '12 of said Section 14 to'tne nortlieas�eriy carnet
e2 said of -'�'; :hence ': E6'=2'42" E '-756.15 feet along _the souti+e:13 line of
ttie h 1!2 1:E lit of S212 .ec:inr. .thence .. 01'23'34" St 1390.75 :ee: to the -
14;
If
_ .7 _0
. ,v. c:.rze:
r Bald f•e: t lea ; t.ie.,ce
ncz::.c-s'cr Section 32 to a t or. the e:!isting .
a1L^b t�.a •..�_�l:rl�v f'r.�' Of Sa)d cu ses along
'�cU..,-. }' of t`�e ;: .. of Vaal, colorado- thenre the Ty,oll c*=i oS �+ U 130.00
of :'ail Colorado: 1; GG 00 00
ary of the i L7%n ;� !'o. 2 a sub -
the es.:..Zing bet: nt of Hi bland 'reade•.+s Filing , . .
foil .long the easterly boundary s - thence K 05°57.'03"_Y
=
division rCcorded u:,der_ Azce?tion fiurbet 7192 .eu -
ralong 'said easterly boundary of }iignlard „ delis Filing NO 2
875.50 feetyatterhorn Village, filing 1Co. 1. a
-- . y corner. of Lot l0,
_ to the Scuthe352cri _ a thence h 30'i8'1G"
:subdivision recorded ubder Reception ,.u�3ez �a291sterly
E S9,19 feet .along the easterly line of 6„aud129tOgOfeet to =along theanoirtherly
_ -corner of said_ Lot 10; t"hence h 56 56 3 Geneva of
- -line of said I.o:'10 to a point an the seualc�ntherlyti:egsoutberly and eveste lv
dive; t:�Q^ce t a Zellcti:i::g f cur 'courses g p the art of
a e% � Drive: -(1)- 130.14 feet gleno _
.. _riga *- -::ay ii -.e of s�i� C.� s a_
a curve to the r3azt, said cine }.aviag a rad
of 50.70 feet, a central
- and a chord that bea.s 2: 7Z"2_''15" W 96__39 :eet; (2)_
Zrgle of 1!.9008'021% - 207.77 feet along the arc of a curve to the
:- x. 5;=43,1{" U ?3.01 feet; (3) r ' -
s`;d curve having a .ad_us of 2a?.18 feet, a central angle of 58'52':0",
_ right, - , ++ 1,, lqg, 75_�feet; (4) _:I 01-04-36"..E 627.13
'232149
and a c;,ara that bears h =
°:,0' jS•' 26 6i feet to a.point o:► the centerline- of `iatteT-
- - - - feet; thence \ GS _.
•
horn Circle; 'th once the foilo�:ing'tro courses along said centerline: (1)
_t `lo, g : ,e arc of a curve' te. the right; 5�id cdrthat`bzarsa?ir71`Ls'
99.42 fee ole of. 15"i1,01", ar-d a cher _
of 375-15 ;eet,
'a,central ano
(?) ' :; 03`?8' S9" k' !7.17 f feet; thence N 5010' 28" U 68.50
30" ••J 9g-13 feet; _: • Vail Village best filing No. 2, a
feet to the southersterly corner of Lot 3, •-thence S 59=10'49" k'
su'�diJisi.n reccrd�3 u=,dar"Reception N_-'ber - _
l su:o Lot 3 to ti•,e south:-este c = -
r y c e•-
231.11 feat alQ t:�e s`ut."y1k2a8.00 feet along the westerly. line of said
-r:e 1; 36029'54"- , thence
of said ',,et 3; `he y:av line of Interstate High'-'av T.o. 70; t
- i f ^.
Lot 3 to the s1"L. _ rio t -O `�aT�i.2rlji Tight-O� :ay line O Interstate
: y 23050+20.1 L 6=6. J :ee: to the
thence '1 33°30'=S" z 80.90 feet along sar_d-n�rt:)z=1y:,..e
70; a FesuSd;vision of Buffer Creek, a subdiv.sior.
.. acd the seu.:z2==} line cf Lot 12, _
recoiled under Re _p
rich ;a.ber ���� i to.a point on
the �os:thzrly line
of Lion's R5,310 Subdivisior_ riiirg No. 3, s subdivision_r2coz3ed uncle: Rzcer-
Lion 1t-�52r �6��%'� ; thence the follo:Ing _ole•:en courses a?org' the pe:�-
' Ric a Su:+civision riling �o. 3: (1), S 89`27''25".�+' i3S5.70
e.er-of-said. L__n s g
feet alc::g the s=utneriy line of C;►e N 1(2}of,sGla35�59"JE 1161.28feet21c ger
Section 12 and said Sect; .. 11;
of sa.. (3) ceparti::g said westerly line of
the westerly line of_saic Section
a curve to the left, said curve h3v=rg
Sectional' -,13.36 feet along r o -z+ •• and a chord th^t bears
a : eius of 130.00 feet, a central angle o, 05 5.- 18 • (5) 1: 74"45'00" E :
N 3:,`03'49" £ 13.35 fee:; (4) N 66'15'00" i 532.96 feet; * ) o-.
+30.00 °eet; (6) 63"15'00" E 990.00 feet; (7) N 50 05 00 E 330.00 fee:; -
+ ,� feet, to the southwesterly right
-of-s:ay line of
2
S4a55 15 z 6__.05 oht-of-tea line,
Lic: s Ridge =xp: (�}
thence along said south este_ly rio y
255.16 :ee. along the arc of a curve to the "efa�dsaid
chord thathaving
bears_Sradius
56'74'.
of 135.00 feet, a central en gle o_ 108 17 40 , '
69"46' 30" E 49.27 feet along said southwesterl
y
4016 fee (10 -of -may line,
3v line; the;ce cz?arting said south-2sterly right -
southerly ri^ht-cf-t'3y_ lire of Lion's. Rite
f :e
S 3�°j'u6 :. 401.91 z _ to t. s L v y.line
l _- c a2ono_ said sousnarly tig..t-of- a
b ur'2- � "vision
nce .ham :o .c -.o c 2
1'�cp' t1'= ^* c Ridge =ubd:_ision 'Filing *io a subd:
and .he sc=:.her'_y lire of._ -i a s t-�� (1) 59 3='�6" - 358.3: fie:;
roc _de'- •s `-e:Rece- •2s_ Sala curve ia�ing a
arc ci a cur �c _c. :he , _.
(_1 4°:.67 fr=: 2_-'a t: _ - _'�5,.^,0_..no; 3 crnr•3 the: be=:s
1I �•n- ;?^-.2
-V .0
ir3.E• Ie.:: 3_: ':y Lit 2::S.i._
-_...2 2 e - - .L sac:.2 _
•' �' ' • ;. _- jf S:_1"•5 �... , �O a SCS
-- - c ta_.:. .
•J .1 � - -- - � ...--�.• t' ire � � _:: '�_ :� - •.• � � , - '-' , �-' ' � � -
_southerl� line flf said �.ot-?� td [t►esouthe'asterly'cr,Tnr;y, pf _skid Lot 21;-
`Y '25" £ 769_.32 feet •aiong�tDe' c9 -31)n line of s_a#d•Lflts 21• and- ._
tbence-!�J 03 _ .;_ _ subd . _.
= - 2Oof_"said Section-3.zrj3 Lion "s iti�ge Sub3ivisSon,Filing�.o.' ;� a iyi�irn
ecorZed under P.ecep[ionI::inSerr1i315&;ti+ence_c6ntinuingIi QO°03 25" Ems:b3L�_.40..=
r' ' T _-ersterl line of -said Lot- 20,_ to the peinC of beginning; -can= _
'= feet along tie y . .:
t-itti t?ie�exclusien'of* ari excepted parcel
-- - __ - _• tainirg 00.50 acres, : no: a or _les§, _ _ . -
g.aFh'spen'at SL_eacs:de said-ey.ccpted� parcel be:ag _rorz pazticulzr-'•
- - _consiszin _ - '
ly described -as folic s._
° = -;� at the nertiie;-ster. rly comer of' -Lot 20, highland :'.caZoLs, .g subdiii-
sioii�-ecordEd urcez i•zcEgtion �:u�ber 167543, Lence,_S_ 27°i5'4&n E 3�;.97_feet
ins of `said is t 2fl 'to the nortfizaster3,3'_corner of Lot 21 `t
• = �'-, . --the westerly 1 -.
along a - - e S Si
Id {30.50 yeetyal.ong_tt:e 'nort3;
of slid Nigajand ye_do::'s;: t';enc _ _ _ . .
said Lo: 21 and Lots 22 and 23 of said, Higiiiand _}:ead_ows' to t%e.:-
-: erij_1-na-af- _ _ ; _ : -_ , - 23, e: 40�2'S2" i�T:' 75.63 __-
b�:ester y•corner •of. said Lot tbenc _ - - .reet; therte_
norms - - e h�32'19'Oi" k` i9.t� deet; `thence S 57*4D'" +-
"'.°40'39`.'- 5.45- enc -... _ - - -
•- - - i7 � feet;_-� °z:0'59" _iW
- 154. 3 meet;-
then 01! S^32,19'Ol'•-' E-19.fl0�feet; t;:ence S.57 - -_
'E3naD' feet;' thence _-N 32°1'9'1" �T :'i9_00 feet; tberice S 67=3�i'1'.' �I.-
-_ - - _
feet;-�thE=.ce i:.4i`i9'•03n-:S 87f.00 met-xo tie sflutherly right -of -»ay :line: of - -
--- - In�erstate t.igl.way Yo: 70; thence TI 48`00'57-" E 252.25 feet along said soutt;
y right-cf-kzy ljne tci'a point on the northerly line of the NE 1/4 of Sec
-, - -
.:d - 'tion 3�+, To«ship S South, Range 81 'Vest of the 5th Principal Meridian; thence-.
N Sb°12'00" E- 70.25 feet along said nort'herl 'line; therce_N 36°02'30". W
-- _t=int ori'tfie apprcxi�sa�e centerline of Gore Creek; 'thence the
_ 45.00 feet to _a P_ -
_ following .three courses along ssic� approxirate centerline: (1) N 542521"
_ E 291.39• -feet; (2) S 82c291361#E 166.39 feet; (3) N 85°53'14" E-.124,03
oinL of beginning, containing -.3.06 'acres, mare or less.
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STATE OF COLORADO j
ss STATEMENT A14D CERTIFICATE
COUNTY OF EAGLE ) OF DETERM114ATION
STATEMENT AND CERTIFICATE OF DETERMIIIATION OF RESULT OF SPECIAL
WEST VAIL ANNEXATION ELECTION HELD DECEMBER 9, 1980 -
WE, THE UNDERSIGNED CO�;MISSIONERS OF THE WEST VAIL ANNEXATION, ELECTION
HELD IN EAGLE COUNTY ON THE NINTH DAY OF DECEMBER, 1980, DO HEREBY
CERTIFY:
THAT THE FOLLOWING IS A TRUE AND CORRECT ABSTRACT OF THE VOTES CAST AND
STATEMENT OF THE RESULT OF THE SPECIAL WEST VAIL ANNEXATION ELECTION.
FOR ANNEXATION: '
PROPERTY OWNERS
Ballots cast at the Polls _�—
Absentee-Ballots
Total /0
REGISTERED ELECTORS
Ballots cast at the Polls 5
Absentee Ballots 5-�
• Total
Combined Total / 3
Amok] LIST AN XATIO(
PROPERTY OWNERS
Ballots cast at the Polls
• Absentee Ballots
Total
REGISTERED ELECTORS
Ballots cast at the Polls.
Absentee Ballots 0 Total
7
Combined Total 1 -
IN WITNESS WHEREOF, WE HAVE HEREUNTO SET OUR HANDS THIS 9th DAY OF
DECEMBER, 1980.
AECTI �7—C�O—MMISSI 4ER
ELECTION COMMI:).')lUNtK
0
AGREEMENT
THIS AGREEMENT between the Board of Directors of Eagle County School
`f District Re 50 J, hereinafter referred to as the "District", and the Board of
County Commissioners, County of Eagle, State of Colorado, hereinafter referred
to as the "County", is made and entered into this �Z y fiC day of 4pn"( —1980.
For and in consideration of the mutual covenants and promises of the
respective parties hereto, the District and the. County agree as follows:
1. The term of this agreement shall be from January 1, 1980, to and
including May 31, 1980.
2. During the term of this agreement, the County of Eagle agrees to
provide the District with nursing and health care services for the school children
of Eagle County.
3. In consideration of the services to be provided by the County in
paragraph 2 hereinabove, the District agrees to reimburse Eagle County in the
amount of $18.44 per pupil, the number of pupils being established by the average
daily membership figure calculated in October of 1979. The total amount payable
herein is $13,217.27.
4. The amount of nursing service to the school children of Eagle
County shall be no less than two (2) nurses and two (2) aides for the duration
of this agreement.
5. The Nursing Supervisor from the Eagle County Nursing Service shall
have the authority for nursing administration, supervision, and periodic evaluation
of the quality and quantity of nursing service.
6. Reimbursement under the Handicapped Children's Educational Act shall
be made for the following services upon referral by school personnel:
case finding and assessment
staffing committee participation
teacher and parent counseling and consultation
7. This agreement may be cancelled and terminated by either party here-
to but that the party desiring to terminate or cancel shall give written notice
of its intention thirty (30) days prior to the date of cancellation.
8. Total reimbursement in the agreed amount referred to hereinabove
shall be made on or before May 31, 1980. Such monies shall be used for salary
payments, mileage, and such nursing supplies and equipment as appropriate.
Nursing personnel in Eagle County shall be employed and paid for (including
travel and office expense) by the County.
IN WITNESS WHEREOF, the parties have executed this agreement the day
and year first above written.
ATTEST:
Zlerk of the Boa►ld..-df
County Commissioners
ATTEST:
Secr4etayv/'
0
COUNTY OF EAGLE, STATE OF COLORADO
By and through its
BOARD OF COUNTY COMMISSIONERS
By
Dale F. Grant, Chdirmdn'-_
EAGLE COUNTY SCHOOL DISTRICT RE 50 J
By and through its
BOARD OF DIRECTORS
By:
President
BY:
Vice -President
0
Form 6 -AC -02A r DEPAR — OR AGENCY NUMBER
t , #260000
t
w CONTRACT ROUTING NUMBER
CONTRACT
THIS CONTRACT, made this 1st day of July 198-0, by and between the
State of Colorado for the use and benefit of the Department of .1 HEALTH
4210 E. 11th Avenue, Denver, Colorado 80220
hereinafter referred to as the State, and 'Z BOARD OF COUNTY COMMISSIONERS, EAGLE COUNTY
Eagle, Colorado 81631
hereinafter referred to as the contractor,
WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made
available and a sufficient unencumbered balance thereof remains available for payment in Fund Number 1001
G/L Account Number6�, Contract Encumbrance Number 297042 ; and -
WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate
agencies; and
WHEREAS, -3 the State, in order to carry out its lawful powers, duties
and responsibilities pursuant to Article I of Title 25, Colorado Revised
Statutes 1973, and the provisions of legislative appropriations made and
provided therefor, in coordination with like powers, duties and responsibilities
of the Contractor, has determined that public health nursing services
are desirable in EAGLE County; and
WHEREAS, the State and the Contractor mutually agree that employment of
public health nurse(s), under the administrative control of the Contractor, is
the most efficient and effective way of providing the desired services.
NOW THEREFORE, it is hereby agreed that for and in consideration of their mutual
promises to each other hereinafter stated, the parties hereto agree as follows:
1. -a
The Contractor shall provide, through public health nurses,
community nursing services, including maternal and child health services and
services to handicapped children. Such services shall include:
a) Identifying health needs of individuals, families and
communities;
b) Developing and implementing programs to meet the
identified needs;
c) Providing health promotion services and care of the sick
at home;
d) Providing health education which will assist in disease
prevention as well as enhance the client's ability to
deal with health problems;
e) Assisting patients in obtaining health care services and
coordinating those services; and
Q Assuring quality of services.
Page 1 of 5 pages
*(See instructions on reverse of last page.)
r
2. The Contractor will, on or after the date of this contract,
employ only individuals who meet the minimum qualifications as set up by the State
Community Nursing Section for each position, with review and approval by the State
prior to employment.
3. The State will, in consideration of the services provided by the
Contractor, cause to be paid to the Contractor a sum not to exceed NINE THOUSAND
ONE HUNDRED SEVENTY-FIVE AND NO/100 ----------- Dollars ($ 9,175.00 ) as follows:
a) The amount as set forth above is based on the employment of
2.5 Full Time Equivalent (FTE) registered
nurses. Reimbursement will be made monthly by the State based
on a sum equal to one -twelfth (1/12) of the contract amount,
upon receipt of a signed statement, submitted in triplicate,
submitted by the Contractor on forms supplied by the State.
Should a vacancy occur there will be a proportionate reduction
in the reimbursement amount.
b) In no event will these funds be used to cover the cost of those
services to patients for whom third party payment is available.
4. The State will continue payment for nursing personnel only so long
as the Contractor renders acceptable services as determined by the State. The Nursing
Supervisor assigned by the State Nursing Section shall have the authority for periodic
s evaluation of the quality and quantity of services based on minimum standards for
Community Nursing Services. Contractor agrees to cooperate in any evaluation
conducted by the State.
5. The term of this contract is beginning July 1, 1580, and ending
June 30, 1981.
6. The Contractor and the State agree, due to the federal programs
and funding being on a fiscal period beginning October 1, that the following time
periods and dollar amounts shall be followed for expenditures, reporting and
reimbursement:
a) $ 2,293.75 for the period 7/1/80 - 9/30/80.
b) $ 6,881.25 for the period 10/1/80 - 6/30/81.
Funds listed under b) are contingent upon federal approval.
7. To be considered for payment, billings for reimbursement pursuant
to this contract must be received within 90 days after the period for which
reimbursement is being requested and final billings on the contract must be
- received by the Health Department within 90 days after the end of the contract
term.
Page 2 of 5 pages
(7
COLORADO DEPARTMENT OF HEALTH - hereinafter, under the General Provisions,
referred to as "Health".
GENERAL PROVISIONS
The parties of this Contract intend that the relationship between
them contemplated by this Contract is that of employer -independent contractor.
No agent, employee, or servant of Contractor shall be or shall be deemed to
be an employee, agent, or servant of Health. Contractor will be solely and
entirely responsible for its acts and the acts of its agents, employees,
F servants, and subcontractors during the performance of this Contract.
At all times during the performance of this Contract, the Contractor
shall strictly adhere to all applicable federal and state laws that have been
or may hereafter be established.
Contractor authorizes Health to perform audits and to make inspect-
ions for the purpose of evaluating performance under this Contract.
Contractor shall indemnify Health against all liability and loss,
and against all claims and actions based upon or arising out of damage or
injury, including death, to persons or property caused by or sustained in
connection with the performance of the Contract or by conditions created
thereby, or based upon any violation of any statute, ordinance, or regula-
tion and the defense of any such claims or actions.
Either party shall have the right to terminate this agreement by
giving the other party thirty days notice by registered mail, return receipt
requested. If notice is so given, this agreement shall terminate on the
expiration of the thirty days, and the liability of the parties hereunder
for the further performance of the terms of this agreement shall thereupon
cease, but the parties shall not be relieved of the duty to perform their
obligations up to the date of termination.
This agreement is intended as the complete integration of all
understandings between the parties. No prior or contemporaneous addition,
deletion, or other amendment hereto shall have any force or effect whatso-
ever, unless embodied herein in writing. No subsequent novation, renewal,
addition, deletion, or other amendment hereto shall have any force or effect
unless embodied in a written contract executed and approved pursuant to the
State Fiscal Rules.
If this contract involves the
contract is contingent upon continued
payment pursuant to the terms of this
expenditure of federal funds, this
availability of federal funds for
agreement.
Page 1 of 5 Pages.
Form 6 -AC -02B n SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
1. This contract shall not be deemed valid until it shall have been approved by the Controller of the. State of
Colorado or such assistant as he may designate. This provision is applicable to any contract involving the payment of
money by the State.
FUND AVAILABILITY
2. Financial obligations of the State payable after the current fiscal year are contingent upon funds for that
purpose being appropriated, budgeted and otherwise made available.
BOND REQUIREMENT
3. if this contract involves the payment of more than ten thousand dollars for the construction, erection, repair,
maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation or other public work for this
State, the contractor shall, before entering upon the performance of any such work included in this contract, duiy
execute and deliver to and file with the official whose signature appears below for the State, a good and 'sufficient
bond or other acceptable surety to be approved by said official in a penal sum not less than one-half of the toiA l
amount payable by the terms of this contract. Such bond shall be duly executed by a qualified corporate surety,
conditioned for the due and faithful performance of the contract, and in addition, shall provide that if the contractor or
his subcontractors fail to duly pay for any labor, materials, team hire, sustenance, provisions, provender or other
supplies used or consumed by such contractor or his subcontractor in peformance of the work contracted to be done,
the surety will pay the same in an amount not exceeding the sum specified in the bond, together with interest at the
rate of eight per cent per annum. Unless such bond, when so required, is executed, delivered and filed, no claim in
favor of the contractor arising under this contract shall be audited, allowed or paid. A certified or cashier's check or a
bank money order made payable to the Treasurer of the State of Colorado may be accepted in leiu of a bond.
MINIMUM WAGE
4. Except as otherwise provided by law, if this contract provides for the payment of more than five thousand
dollars and requires or involves the employment of laborers or mechanics in the construction, alteration or repair of
any building or other public work, (except highways, highway bridges, underpasses and highway structures of all
kinds) within the geographical limits of the State, the rate of wage for all laborers and mechanics employed by the
contractor or any subcontractor on the building or public work covered by this contract shall be not less than the
prevailing rate of wages for work of a similar nature in the city, town, village or other civil subdivision of the State in
which the building or other public work is located. Disputes respecting prevailing rates will be resolved as provided in
8-16-101, CRS 1973, as amended.
DISCRIMINATION AND AFFIRMATIVE ACTION
5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957,
as amended, and other applicable law respecting discrimination and unfair employment practices (24-34-301, CRS
1973, as amended), and as required by Executive Order, Equal Opportunity and Affirmative Action, dated April 16,
1975. Pursuant thereto, the following provisions shall be contained in all State contracts or sub -contracts.
During the perfonnance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of
race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age.
The contractor will take affirmative action to insure that applicants are employed, and that employees are
treated during employment, without regard to the above mentioned characteristics. Such action shall include,
but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment or
recruitment advertisings; lay-offs or terminations; rates of pay or other forms of compensation; and selection
for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the contracting officer setting forth
provisions of this non-discrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the
contractor, state that all qualified applicants will receive consideration for employment without regard to
race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age.
(3) The contractor will send to each labor union or representative of workers with which he has collective
bargaining agreement or other contract or understanding, notice to be provided by the contracting officer,
advising the labor union or workers' representative of the contractor's committment under the Executive
Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and of the rules, regulations, and
relevant Orders of the Governor.
(4) The contractor and labor unions will furnish all information and reports required by Executive Order,
Equal Opportunity and Affirmative Action of April 16, 1975, and by the rules, regulations and Orders of the
Governor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting
agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance
with such rules, regulations and orders.
(5) A labor organization will not exclude any individual otherwise qualified from full membership rights in
such labor organization, or expel any such individual from membership in such labor organization or
discriminate against any of its members in the full enjoyment of work opportunity, because of race, creed,
color, sex, national origin, or ancestry.
(6) A labor organization, or the employees or members thereof will not aid, abet, incite, compel or coerce
the doing of any act defined in this contract to be discriminatory or obstruct or prevent any person from
complying with the provisions of this contract or any order issued thereunder; or attempt, either directly or
indirectly, to commit any act defined in this contract to be discriminatory.
395-53-01-C 028 page 4 of 5 pages
Form 6 -AC -02C
(7) In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or
with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in
whole or in part and the contractor may be declared ineligible for further State contracts in accordance with
procedures, authorized in Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975 and
the rales, regulations, or orders promulgated in accordance therewith, and such other sanctions as may be
imposed and remedies as may be invoked as provided in Executive Order, Equal Opportunity and Affirmative
Action of April 16, 1975, or by rules, regulations, or orders promulgated in accordance therewith, or as
otherwise provided by law.
(8) The contractor will include the provisions of paragraphs (1) through (8) in every sub -contract and
sub -contractor purchase order unless exempted by rules, regulations, or orders issued pursuant to Executive
Order, Equal Opportunity and Affirmative Action of April 16, 1975, so that such provisions will be binding
upon each sub -contractor or vendor. The contractor will take such action with respect to any sub -contracting
or purchase order as the contracting agency may direct, as a means of enforcing such provisions, including
sanctions for non-compliance; provided, however, that in the event the contractor becomes involved in, or is
threatened with, litigation with the subcontractor or vendor as a result of such direction by the contracting
agency, the contractor may request the State of Colorado to enter into such litigation to protect the interest
of the State of Colorado.
COLORADO LABOR PREFERENCE
6. Provisions of 8-17-101, & 102, CRS 1973 for preference of Colorado labor are applicable to this contract if
public works within the State are undertaken hereunder and are financed in whole or in part by State funds.
GENERAL
7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in
the interpretation, execution and enforcement of this contract. Any provision of this contract whether or not
r incorporated herein by reference which provides for arbitration by any extrajudicial body or person or which is
g otherwise in conflict with said laws, rules and regulations shall be considered null and void. Nothing contained in
any provision incorporated herein by reference which purports to negate this or any other special provision in
whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint,
defense or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate
the remainder of this contract to the extent that the contract is capable of execution.
8. The signatories hereto aver that they are familiar with 18-8-301, et seq., (Bribery and Corrupt Influences)
and 18-8-401, et seq., (Abuse of Public Office), C.R.S. 1973, as amended, and that no violation of such provisions is
present.
9. The signatories aver that to their knowledge, no state employee has any personal or beneficial interest
whatsoever in the service or property described herein.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day first above written.
BOARD OF COUNTY COMMISSIONERS STATE OF COLORADO
EAGLE COUNTY RICHARD D. LAMM. GOVERNOR
_'g) Contractor "''- ' r ; forBythel 5E-XECUTIVE DIRECTOR.
Position Chairman
Social Security Number
ATTORNEY GENERAL
ENT
OFPA HEA1LTH
APPROVALS
CONTROLLER
By
Page 5 which is the last of 5 pages
*See instructions on reverse side.
395-53-02-CO35
