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HomeMy WebLinkAboutR84-19 representative of assessor in Vail Associates BAA case to District CourtRESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS j COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 84 -I9 REPRESENTATION OF THE EAGLE COUNTY ASSESSOR - VAIL ASSOCIATES vs. THE BOARD OF ASSESSMENT APPEALS OF THE STATE OF COLORADO, et a1., EAGLE COUNTY DISTRICT COURT CASE NO. 84CV156 WHEREAS, Ella Bindley, Eagle County Assessor, hereinafter referred to as the "Assessor ", has been named as a Defendant in the above - referenced Complaint for judicial review of the decision of the Board of Assessment Appeals; and WHEREAS, pursuant to Section 20 -1 -105, C.R.S., the District Attorney, upon a request in the form of a Resolution by the Board of County Commissioners of any county within his district, shall represent any county officer enumerated in Article 10 of Title 30, C.R.S., or the employees of any such officer, in the defense of any civil suit or civil proceeding brought against such officer in any court of this state or federal court if such action directly relates to the duties of the county officer; and WHEREAS, the Board of County Commissioners of the County of Eagle, State of Colorado, hereinafter referred to as the "Board ", has authorized the Eagle County Attorney's office to represent Ella Bindley, Eagle County Assessor, in the above- referenced cause; provided, however, that if during the subject proceedings, a conflict arises between the Assessor and the Board, the County Attorney's office shall withdraw as legal cousel to the Eagle County Assessor; and WHEREAS, in the event of a conflict between the Assessor and the Board, the Board requests the District is 4� 9 Attorney's office to thereupon assume the legal representation of the Assessor. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT, Ella Bindley, Eaglc County Assessor, is authorized to use the service of the Eagle County Attorney's office in her defense in the above - described Complaint, and the Eagle County Attorney's office is directed to represent Ella Bindley, Eagle County Assessor. THAT, pursuant to Section 20 -1 -105, C.R.S., the Board hereby requests the District Attorney for the Fifth Judicial District to represent the Eagle County Assessor named as a Defendant in the above - referenced case upon a determination by the Board prusuant to Resolution that the Eagle County Attorney's office can no longer adequately represent said Defendant by reason of a conflict between the respective positions taken by the Assessor and the Board in the aforementioned matter. THAT, a copy of this Resolution and any future Resolutions regarding the subject matter set forth herein shall forthwith be transmitted to the District Attorney and the Eagle County Assessor. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the �'� day of May, 1984. u ATTEST: By: r1r Clerk of the 'Board of County Commissioners COUNTY OF EAGLE, STATE OF COLORADO By and Through its BOARD OF COUNTY COMMISSIONERS By: