Press Alt + R to read the document text or Alt + P to download or print.
This document contains no pages.
HomeMy WebLinkAboutR86-044 participate in county self insurance pool3
Commissioner -." zJ moved adoption
of the following Res "lution:
BOARD OF COUNTY
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 86- W
WHEREAS, the Board of County Commissioners of the County
of Eagle, State of Colorado, (hereinafter the "Board "), has
authority under Article XIV, Section 18(2)(a) of the Colorado
Constitution, and Sections 24- 10- 115.5, 29 -13 -102 and 29 -1 -201
et seg., C.R.S., as amended, to participate in and form a
county self - insurance pool for casualty and property.
WHEREAS, the Board finds that participation in such a
pool would be in the best interests of the County of Eagle,
its employees, and its taxpayers; and,
WHEREAS, the Board has reviewed a contract to cooperate
with other counties to form a self- insurance pool for casualty
and property coverage, entitled "Bylaws and Intergovernmental
Agreement, Colorado Counties Casualty and Property Pool," a
copy of which is attached hereto as Exhibit "A" and incorpor-
ated into this Resolution;
NOW, THEREFORE, BE IT RESOLVED that the Board of County
Commissioners of the County of Eagle, State of Colorado,
hereby:
1. Approves the document entitled "Bylaws and Intergov-
ernmental Agreement, Colorado Counties Casualty and Property
Pool," a copy of which is attached hereto as Exhibit "A" and
incorporated into this Resolution;
2. Authorizes and directs Donald H. Welch, Chairman of
the Board of County Commissioners of the County of Eagle,
State of Colorado, to sign the Agreement incorporated herein
and attached hereto as Exhibit "A ", on behalf of the County of
Eagle.
MOVED, READ AND ADOPTED by
Commissioners of the County of Eagle,
its regular meeting held the .,,,. day of
ATTEST:
By�i��cYfs acv
Clerk to the Board ofd
County Commissioners
the Board of County
State of Colorado, at
c� 1986.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
Board of County Commissioners
By:
Donald R. Welch, Chairman
By:
By:
Commissioner seconded adop-
tion of the foregoing "resolution. The roll having been
called, the vote was as follows:
Commissioner Donald H. Welch
Commissioner Richard L. Gustafson
Commissioner John F. Loughran /y
This Resolution passed by vote of the Board
of County Commissioners of the County of Eagle, State of
Colorado.
-2-
EXHIBIT "A"
_l
May 16, 1986
BYLAWS AND INTERGOVERNMENTAL AGREEMENT
COLORADO COUNTIES CASUALTY AND PROPERTY POOL (CAPP)
ARTICLE I. Definitions.
As used in this agreement, the following terms shall have the meaning
hereinafter set out:
A. ADMINISTRATOR -- Colorado Counties, Inc.;
B. BOARD -- Board of Directors of the Pool;
C. EXCESS INSURANCE -- Insurance purchased by the Pool from an insur-
ance company, approved by the Insurance Commissioner of the State of
Colorado;
D. MEMBER -- A county which enters into this intergovernmental
agreement;
E. MEMBER OFFICIAL REPRESENTATIVE -- That person who has been desig-
nated by a member as its official representative to the Pool;
F. POOL -- The Colorado Counties Casualty and Property Pool (CAPP)
established pursuant to the Constitution and the statutes of this state
by this intergovernmental agreement and sponsored by Colorado Counties,
Inc.;
G. RISK MANAGEMENT FUND -- A fund of public monies established by the
Pool to self- insure certain risks jointly within a defined scope, to
purchase excess insurance when deemed prudent, and to pay the necessary
expenses for the operation of the Pool;
H. SELF - INSURANCE -- The decision by the Pool not to purchase insur-
ance coverage for risks below certain limits; to seek all exemptions
and immunities provided by law for any county and the officers and
employees thereof; to rely upon the Pool's financial capabilities to
pay any losses which fall within the Pool's coverage and for which a
member is liable; and to purchase excess insurance to protect against
losses when deemed prudent.
ARTICLE II. Creation of Pool.
The Colorado Counties Casualty and Property Pool, sponsored by Colorado
Counties, Inc., is hereby formed by this intergovernmental agreement by
member counties as a separate and independent governmental and legal entity
pursuant to the provisions of Article XIV, section 18(2) of the Colorado
Constitution and section 29 -1 -201 et seq., 24- 10- 115.5, and 29 -13 -102,
C.R.S., as amended. Each member county joining in this intergovernmental
agreement has the power under Colorado law to make provision for the
property and casualty coverages which constitute the functions and services
jointly provided by means of the Pool. The Insurance Commissioner of the
State of Colorado shall have such authority with respect to the Pool as is
provided by applicable Colorado statutes.
ARTICLE III. Purposes.
A. The purposes of the Pool are to provide a risk management fund for
defined property and casualty coverages and to assist members in
controlling costs by providing specialized governmental risk management
services and systems.
B. It is the intent of the members to use member contributions to
defend and indemnify, in accordance with these bylaws, any member
against stated liability or loss to the limit of the financial re-
sources of the risk management fund. It is also the intent of the
members to have the Pool provide needed coverages at reasonable costs.
All income and assets of the Pool shall be at all times dedicated to
the exclusive benefit of its members.
C. These Bylaws constitute the substance of the intergovernmental
agreement among the members.
ARTICLE IV. Non - Waiver of Governmental or Other Immunity or Monetary
Limits.
All money, plus earned interest, contained within the risk management fund
is money derived from the members. It is the intent of the members that, by
entering into this agreement, they do not waive and are not waiving any
immunity provided to the members or their employees by any law or any
monetary limits on the liability of the members or their employees provided
by any law.
ARTICLE V. Powers.
A. The powers of the Pool to perform and accomplish the purposes set
forth above shall be the following, subject to-the budgetary limits of
the Pool and the procedures set forth in these Bylaws:
1. To retain agents and independent contractors necessary to
administer and achieve the purposes of the Pool, including,
but not limited to, brokers, attorneys, accountants, claims
and loss control administrators, actuaries, investigators,
experts, consultants, and others;
2. To purchase and lease real property, equipment, machinery,
and personal property through the Administrator;
3. To invest money in those investments authorized by 10 -3 -213,
C.R.S., and by the statutory sections specifically referred
to in section 10 -3 -213, as from time to time amended;
4. To create, collect money for, and contract with Colorado
Counties, Inc. and other service providers for the adminis-
tration of a risk management fund;
- 2 -
l
5. To purchase excess insurance;
6. To carry out such other activities as are necessarily implied
or required to carry out the purposes of the Pool;
7. To sue and be sued;
8. To enter into contracts;
9. To reimburse directors for reasonable and approved expenses,
but any expense incurred in attending Board meetings shall be
reimbursed in accordance with Colorado Counties, Inc. travel
policies in effect at the time the expense is incurred;
10. To purchase fidelity bonds from an insurance company approved
by the Insurance Commissioner of the State of Colorado to do
business in Colorado;
11. To carry out risk management programs and provide risk
management services and systems through the Administrator;
12. To establish reasonable and necessary loss reduction and
prevention procedures to be followed by the members;
13. To provide or contract for claim adjustment services; and
14. To contract with Colorado Counties, Inc, for general adminis-
trative services.
B. The Pool shall have only those powers set forth in this agreement
and any amendments adopted hereto.
C. In exercising its powers, the Pool shall maintain a minimum surplus
of $50,000.00.
D. In addition to any other coverages it provides, the Pool may offer
its members excess coverage only, that is, coverage above individual
self- insured retentions, if that type of coverage is approved by the
members pursuant to the procedures described in Article IX.A.3 of these
Bylaws.
E. "Insolvency" as applied to the Pool shall have the meaning as set
forth in section 10 -3 -212, C.R.S.
ARTICLE VI. Participation.
The membership of the Pool shall be limited to those counties which are
members of Colorado Counties, Inc, and which properly enter into and adopt
this intergovernmental agreement. New members shall be admitted only by a
vote of the Board, subject to the payment of required sums and to the
conditions established in these Bylaws.
- 3 -
ARTICLE VII. Commencement of Pool.
Colorado Counties, Inc. shall determine, no later than July 1, 1986, whether
there has been deposited with or committed to the Pool as a first year's
payment an amount of money sufficient to satisfy the minimum start -up level
of the Pool, which shall be no less than one million dollars unless the
Insurance Commissioner of the State of Colorado approves a lower amount upon
request of Colorado Counties, Inc. If it determines that the amount is
sufficient, then these bylaws shall become effective and the Pool shall
commence on the date specified by Colorado Counties, Inc. No time deadlines
contained within the bylaws shall apply to the actions first taken after
formation of the Pool.
ARTICLE VIII. Duration of Membership.
All members of the Pool, unless expelled pursuant to the expulsion provi-
sions of this agreement, may remain members indefinitely and shall remain
members for a period of at least one year.
ARTICLE IX. Members' Powers and Meetings.
A. The members shall have the power to:
1. Amend the Bylaws by a 2/3 vote of members present at a
meeting, except that any amendment to Article XIII.B must be
approved by a 2/3 vote of all members. Written notice of any
proposed amendment shall be provided to each member at least
fifteen days in advance of the vote on the amendment. No
amendment shall take effect before the end of the fiscal year
during which the amendment is approved, unless a different
effective date is included in the motion to adopt the amend-
ment;
2. Expel members by a 2/3 vote of all members, pursuant to
Article XVII;
3. Adopt and adjust the types of coverage, including any tail
coverage available to expelled or withdrawn members or to
members upon dissolution of the Pool, limits of liability on
any excess insurance policies, and the types of deductibles
which the Pool provides by a 2/3 vote of the members present
at a meeting, but no such action shall take effect until
concurrence of any affected excess insurance carrier;
4. Adopt and adjust contributions to the Pool by a 2/3 vote of
the members present at a meeting;
5. Adopt or revise a budget for the Pool by a 2/3 vote of the
members present at a meeting;
6. Remove a director from the Board of Directors by a 2/3 vote
of the members present at a meeting; and
- 4 -
7. Dissolve the Pool and disburse its assets by a 2/3 vote of
all members, pursuant to such notice and in keeping with such
procedure as shall be established by the Board. The Insur-
ance Commissioner shall be notified at least sixty (60) days
prior to the effective date of the dissolution and the
dissolution shall not take effect until approved by the
Commissioner.
B. Meetings of the members shall be held as follows:
1. Members shall meet at least once annually in conjunction with
the annual conference of Colorado Counties, Inc., with notice
mailed by the 'Administrator to each member at least 15 days
in advance.
2. Special meetings may be called by the Board or pursuant to a
procedure to be established by the Board and thereupon
approved by a 2/3 vote of the members present at a meeting.
Notice of special meetings shall be mailed by the
Administrator to each member at least 15 days in advance.
3. The chairman of the the Board shall preside at the meetings.
4. A simple majority of the members shall constitute a quorum to
do business.
5. No absentee or proxy voting shall be allowed.
6. Each member shall be entitled to one vote on each issue.
ARTICLE X. Obligations of Members.
The obligations of the members are:
A. To pay promptly all contributions or other payments to the Pool at
such times and in such amounts as shall be established pursuant to
these Bylaws. Any delinquent payments shall be paid with interest
which shall be equivalent to the prime interest rate, on the date of
delinquency, of the bank which invests the majority of the Pool money.
Payments will be considered delinquent 45 days following the due date;
B. To designate in writing a member official representative and one or
more alternates for the members' meetings. A member official represen-
tative and any alternate must be an employee or officer of the member
county, but may be changed from time to time. Any designated alternate
may exercise all the powers of a member official representative during
a member meeting in the absence of the official representative;
C. To allow the Pool and its Administrator, agents, contractors, and
officers reasonable access to all facilities of the member and all
records including, but not limited to, financial records, as required
for the administration of the Pool;
- 5 -
_J
D. To cooperate fully with the Pool's attorneys and Administrator, and
any other agent, contractor, or officer of the Pool in activities
relating to the purposes and powers of the Pool;
E. To provide the Pool, upon request, information on exposures identi-
fied by the Pool;
F. To allow attorneys and others designated by the Pool to represent
the member in the investigation, settlement and litigation of any claim
made against the member within the scope of loss protection furnished
by the Pool;
G. To follow the loss reduction and prevention procedures established
by the Board and implemented through the Administrator;
H. To report to the Pool, in the form required by the Board and as
promptly as possible, all incidents or occurrences which would reason-
ably be expected to result in the Pool being required to consider a
claim against the member, its agents, officers, or employees or for
losses to a member's property within the scope of loss protection
furnished by the Pool; and
I. To report to the Pool, in the form required by the Board and as
promptly as possible, the addition of new programs and facilities or
the significant reduction or expansion of existing programs and facili-
ties or other acts which will cause material changes on the members'
potential loss.
ARTICLE XI. Contributions.
A. It is the intention of the Pool to levy contributions to the
members as established by the members in such amounts and at such times
as necessary to achieve the purposes of the Pool and protect its
solvency.
B. Any money, and interest thereon, not needed for the purposes of the
Pool, will be distributed among those members which contributed the
money and have not withdrawn or been expelled from membership at the
time of distribution, pursuant to a formula approved by the members.
Any such distribution may be made only as a credit against future
contributions by the members. The money contributed by Pool members
for any one year of participation shall not be so distributed until it
is determined by the Board or its authorized representative that no
claims exist and no claims may legally be made against that money.
C. Initial contributions shall include an amount sufficient to repay
Colorado Counties, Inc., for its reasonable costs incurred in the
creation of the Pool. The repayment shall be made by July 1, 1986, or
at some later date if approved by Colorado Counties, Inc.
ARTICLE XII. Board of Directors and Officers.
A. The board of directors shall be composed of nine persons to be
elected by the members from among the members' official representa-
tives. There will be:
1. One director from a member under 10,000 population;
2. One director from a member of 10,000 through 40,000 popu-
lation;
3. One director from a member of 40,001 through 250,000 popu-
lation;
4. One director from a member of 250,001 through 400,000 popu-
lation;
5. One director from a member above 400,000 population; and
6. Four directors at large.
B. Population will be determined from the most recent population
figures reasonably available to Colorado Counties, Inc. and approved by
the Board.
C. The election of directors shall be made by the members at the
annual meeting and they shall assume their office at the first Board
meeting following their election.
D. Terms of the directors shall be two - year - overlapping terms, or
until their successors have been elected, except that the directors
first elected to represent members of under 10,000 population, 40,001
through 250,000 population, above 400,000 population, and two of the
at -large directors, will be elected for an initial one -year term, or
until successors have been elected, with their successor directors
serving two -year terms thereafter.
E. The officers of the Pool shall be: president, vice president,
secretary, and comptroller. The officers shall be elected by and from
among the directors at the first meeting of the board following each
annual meeting.
XIII. Powers and Duties of the Board of Directors
A. The Board shall have the following powers and duties:
1. To recommend contributions to be paid by the members;
2. To recommend to the members the types of coverage, including
any tail coverage available to expelled or withdrawn members
or to members upon dissolution of the Pool, limits of liabil-
ity on any excess insurance policies, and the types of
deductibles which the Pool provides;
- 7 -
v3
3. To approve insurance brokers, claims administration services,
and other service providers necessary for the administration
of the Pool, upon recommendation of the Administrator;
4. To set the dates, places and provide an agenda for Board and
members' meetings;
5. To fill a vacancy in the Board by majority vote of the
remaining directors until the next annual meeting of the
members, at which time the members shall elect a person to
fill the vacancy for any unexpired term, subject to the
limitations set forth in Article XII of these bylaws.
6. To exercise all powers of the Pool except powers reserved to
the members or to the Administrator;
7. To recommend a budget and any necessary revisions to the
budget to the members;
8. To make reports to the members at their meetings;
9. To establish policies for claims and loss control procedures,
to establish conditions to be met prior to the payment or
defense of a claim, and to deny a claim or the defense of a
claim if the conditions are not met and if any affected
excess insurance carriers and claim adjustment services
concur in the denial;
10. To establish policies for the investment and disbursement of
funds;
11. To establish rules governing its own conduct and procedure,
and the authority of its officers, not inconsistent with
these Bylaws;
12. To provide to members annually;
a. An audit of the financial affairs of the Pool to be made
by a certified public accountant at the end of each
policy year in accordance with generally accepted
auditing principles; and
b. An annual report of operations;
13. To form committees and provide other services as needed by
the Pool;
14. To do all acts necessary and proper for the operation of the
Pool and implementation of these Bylaws subject to the limits
of these Bylaws and not in conflict with these Bylaws;
15. To implement the dissolution and disbursement of assets of
the Pool following the dissolution determination made pur-
suant to the provisions of Article IX and subject to the
requirements for notice to and approval of the Insurance
Commissioner of Colorado as required by Article IX;
16. To select a qualified actuary who shall conduct an annual
review of the risk management fund and shall make recommen-
dations to the Board based on such review;
17. To approve attorneys or firms of attorneys retained to
represent members in claims within the scope of loss protec-
tion furnished by the Pool, subject to the limitations of
Article XIII.C, and
18. To admit any new member by majority vote of all directors
serving on the Board, if the Board determines that the new
member will not detrimentally affect the financial status of
the Pool or the contribution rates of other members and that
the new member has agreed to accept the obligations of
members set forth in these Bylaws.
B. The Board shall contract with Colorado Counties, Inc. (the "Admin-
istrator") for general administrative services, the contract to include
a reasonable fee approved by Colorado Counties, Inc. and the Board to
cover the cost of administrative services being provided. Services to
be provided by or through the Administrator shall include, but not
necessarily be limited to, bookkeeping services; financial statements;
necessary reports on claims, incidences and loss prevention not pro-
vided by other service providers; periodic loss prevention inspections
as specified by the Board; recording and depositing of payments;
providing information to potential members; reviewing claims from
members; reviewing and making recommendations on all Pool contracts;
maintaining a complaint register; acting as a liaison with state
authorities and responding to inquiries from state authorities; com-
puting and providing membership contribution billings; filing required
forms and reports with state and other governmental authorities;
maintaining appropriate files; assisting the Pool's auditor and actuary
as necessary; reviewing the performance of all contract service pro-
viders; coordinating banking functions, and handling deposits and
reconciliations; implementing investment policies established by the
Board; providing necessary notices of member meetings; supplying
resource material for member and Board meetings; attending member and
Board meetings and other meetings necessary to the administration of
the Pool; keeping detailed minutes of member and Board meetings;
providing risk management services; and administering committees
established by the Board. The Administrator may execute all contracts
on behalf of the Pool which are necessary to provide the general
administrative services described herein if any moneys to be expended
under the contract are included in the Pool's approved budget or any
approved revisions thereto.
C. The Board shall appoint a litigation committee, the members of
which shall include at least three county attorneys. Any member which
objects to a decision of the Board approving or disapproving an attor-
ney or firm of attorneys to represent the member may appeal the Board's
- 9 -
X
decision within thirty (30) days thereafter to the litigation commit-
tee. The decision of the litigation committee shall be final.
ARTICLE XIV. Meetings of the Board of Directors.
A. The Board may set a time and place for regular meetings which may
be held without further notice.
B. The Board shall meet within fourteen (14) days after the election
of directors at the annual members' meeting.
C. Special meetings may be called by the chairman or by a majority of
the directors by mailing written notice at least ten (10) days in
advance to all directors or by unanimously executed waiver of notice.
D. Four (4) directors shall constitute a quorum to do business. All
acts of the board of directors shall require a majority vote of the
directors present, except as otherwise specifically provided in these
Bylaws.
ARTICLE XV. Liability of Board of Directors & Administrator
Members of the Board of Directors of the Pool, and the Administrator
and the officers and employees thereof, shall not be personally liable
for any acts performed or omitted for the pool in good faith. The risk
management fund shall be used to defend and indemnify the members of
the Pool's Board of Directors, and the Administrator and the officers
and employees thereof, against any and all expense including attorney
fees and liability expenses sustained by them or any of them in
connection with any suit or suits which may be brought against said
members of the Board of Directors, or the Administrator or the officers
or employees thereof, involving or pertaining to any of their acts or
duties performed or omitted for this Pool in good faith. The Pool may
purchase insurance providing similar coverage for the directors, and
for the Administrator and the officers and employees thereof. Nothing
herein shall be deemed to prevent compromises of any such litigation
where the compromise is deemed advisable in order to prevent greater
expense or cost in the defense or prosecutions of such litigation.
The Pool shall obtain a bond or other security to guarantee the faith-
ful performance of the duties of each director.
ARTICLE XVI. Withdrawal from Membership.
A. Any member may withdraw from the Pool at the end of any fiscal year
by giving at least sixty (60) days' notice in writing to the Board of
its desire to withdraw.
B. The withdrawn member shall not be entitled to any reimbursement of
contributions that are to be paid or that shall become payable in the
future, and shall continue to be obligated to make payment for which an
obligation arose prior to withdrawal.
- 10 -
{
C. Within ten (10) days after receipt of a notice to withdraw, the
Board shall provide written notice to the Insurance Commissioner of the
State of Colorado of the member's intent to withdraw.
ARTICLE XVII. Expulsion of Members.
A. By a 2/3 vote of all members any member may be expelled. Such
expulsion, which shall take effect sixty (60) days after such meeting,
may be carried out for one or more of the following reasons:
1. Failure to make any payments due to the Pool;
2. Failure to allow the Pool reasonable access to all facilities
and records of the member necessary for proper administration
of the Pool;
3. Failure to fully cooperate with the Pool's Administrator, or
other agent, contractor, or any officer of the Pool;
4. Failure to carry out any obligation of a member which impairs
the ability of the Pool to carry out its purposes or powers;
or
5. Failure to undertake or continue loss reduction and preven-
tion procedures adopted by the Board.
B. The member proposed to be expelled shall not be counted in deter-
mining the number of votes required nor shall such member be entitled
to vote on its own expulsion.
C. No member may be expelled except after notice form the Board of
Directors of the alleged failure along with a reasonable opportunity of
not less than thirty (30) days to cure the alleged failure. The member
may request a hearing before the members before any final decision,
which shall be held within fifteen (15) days after the expiration for
the time to cure has passed. The Board shall present the case for
expulsion of the member. The member affected may present its case. A
decision by the membership to expel a member after notice and hearing
and failure to cure the alleged defect shall be final and take effect
sixty (60) days after the decision to expel is approved by the members.
After expulsion, the former member shall continue to be liable for any
unpaid contributions and to make any payment for which an obligation
arose prior to expulsion. The expelled member shall not be entitled to
any reimbursement of contributions that are to be paid or that shall
become payable in the future.
D. Within ten (10) days after the decision to expel is approved by the
members, the Board shall provide written notice to the Insurance
Commissioner of the State of Colorado of the expulsion.
E. Expulsion shall be in addition to any other remedy which otherwise
exists.
- 11 -
ARTICLE XVIII. Contractual obligation.
A. This document constitutes an intergovernmental contract among those
counties which become members of the Pool. The terms of this contract
may be enforced in court by the Pool or by any of its members. The
consideration for the duties herewith imposed on the members to take
certain actions and to refrain from certain other actions are based
upon the mutual promises and agreements of the members set forth
herein.
B. A certified or attested copy of the resolution of approval from
each member shall be attached to the Bylaws on file with the Pool.
C. Except to the extent of the financial contributions to the Pool
agreed to herein or such additional obligations as may come about
through amendments to these Bylaws, no member agrees or contracts
herein to be held responsible for any claims made against any other
member. The contracting parties intend in the creation of the Pool to
establish an organization to operate only within the scope herein set
out and have not herein created as between member and member any
relationship of surety, indemnification or responsibility for the debt
of or claims against any other member.
ARTICLE XIX. Severability.
In the event that any article, provision, clause or other part of these
Bylaws is held invalid or unenforceable by a court of competent juris-
diction, such invalidity or unenforceability shall not affect the validity
or enforceability with respect to other articles, provisions, clauses,
applications or occurrences, and these Bylaws are expressly declared to be
severable.
Dated: May 19, 19(86_
By: 1
��) __ ' "
Title: Donald H. Welch, Chairman
County: County of Eagle, State of Colorado
— 12 —
STATE OF COLORADO )
SS.
COUNTY OF EAGLE )
The Board of County Commissioners of Eagle County,
Colorado, met in, regular session on May 28 _, 1986, at 11: 30
a.m., at its meeting room 550 Rroadwav in F.ag1P
Colorado, in full conformity with the law and the resolutions and
rules of the County. Upon roll call, the following were found to
be present, constituting a quorum:
Present:
Chairman of the Board of
County Commissioners:
Other Commissioners:
Absent:
constituting all the members of the Board.
There were also present:
County Clerk:
County Attorney:
Donald H. Wel di
John g an
Richard L. Gustafson
Thereupon, the following proceedings, among others,
were had and taken.
Commissioner Louehran introduced a resolution, the
text of which is as follows:
Section 4. Notwithstanding anything contained in this
resolution or in the Assignment, in the event that H.R. 3838 does
not become law or if qualified mortgage bonds within the meaning
of the Internal Revenue Code of 1954, as amended, are not subject
to the unified volume ceiling under H.R. 3838, any previous
allocation transfer agreement entered into by Eagle County and
Adams County pursuant to the Old Allocation Act shall remain in
full force and effect.
Section 5. In the event that Adams County elects
pursuant to the New Allocation Act and H.R. 3838 to treat all or
any portion of the allocation amount assigned by this resolution
to Adams County as a carryforward project (as defined in
H.R. 3838), any such election is hereby approved and authorized.
Section 6. If any section, paragraph, clause or
provision of this resolution shall for any reason be held to be
invalid or unenforceable, the invalidity or unenforceability of
such section, paragraph, clause or provision shall not affect any
of the remaining provisions of this resolution.
Section 7. All action (not inconsistent with the
provisions of this resolution) heretofore taken by the Board of
County Commissioners and the officers of Eagle County directed
toward the authorization of the Assignment hereby is ratified,
approved and confirmed.
Section 8. This resolution shall be in full force and
effect upon its passage and approval.
PASSED, ADOPTED AND APPROVED this 28th day of May
1986.
COUNTY OF EAGLE, STATE OF COLORADO
h(^ try �✓
County 'C-l.erk
CM
Chairman of the Board of
County Commissioners
1. ISSUICj�tG A
(a) oun
Exhibit A
NOTICE OF ASSIGNMENT OF
NONESSENTIAL FUNCTION BOND ALLOCATION
(ASSIGNOR)
igle, State of Color
(b)NIP.O. Box 850, Eagle, Colorado, 81631
(c)Donaled H. Welch, Chairman (d) 328 -7311
Issuing Authority Officer Telephone Number
(Name and Title)
2. ISSUING AUTHORITY (ASSIGNEE)
(a) Adams County
Name
(b) 450 So. 4th Ave., Brighton, CO 80601
Address
(c) Stephen E. Cramer,Chairman (d) 659 -2120
Issuing Authority Officer Telephone Number
(Name and Title)
3. BOND COUNSEL FIRM
(a) Sherman & Howard
(b)Namt33 -17th Street, #2900, Denver, CO 80203
Add ess
(c)tanley M. Raine (d) 297 -2900
Individual Responsible Telephone Number
Attorney
Single family mortgages; throughout
4. PROJECT FOR WHICH ASSIGNMENT HAS BEEN MADE jurisdictions of assignor, assignee
(a) and other assignor counties throughout the State of Colorado.
Nature and location or purpose
(b) Individual mortgacgors
Initial Owner, User or Beneficiary of Project
(c) Type of bonds to be using assignment (check one below):
tax increment
industrial development
x single family mortgage
multifamily housing
501(c)(3)
4. AMOUNT OF ALLOCATION ASSIGNED: $ 1,160,424.00
5. DATE OF ADOPTION OF RESOLUTION OF ASSIGNOR'S GOVERNING BODY AUTHORIZING
ASSIGNMENT* Mav 28. 1986
To the best of my knowledge, the foregoing information and the
attachments hereto are true and correct. \\
(Signed) \& l
Issuing Authority (assignor)
*REQUIRED ATTACHMENTS: Officer (listed in 1(c) above)
Donald H. Welch, Chairman
- Certified copy of ASSIGNMENT Board of County Commissioners
- Certified copy of RESOLUTION authorizing assignment
-5-
DLG -160C -1986