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R85-76 expenditure for unanticipated contingenciesCommissioner Cf�k' oz Son_ moved adoption of the following Resolution: BOARD OF COUNTY COUNTY OF EAGLE, STATE OF COLORADO NO. 85 -_Z�__ RESOLUTION AUTHORIZING THE EXPENDITURE FROM THE CONTINGENCY FUND FOR THE PAYMENT OF VARIOUS UNANTICIPATED CONTINGENCIES WHEREAS, the Board of County Commissioners of the County of Eagle, State of Colorado (hereinafter the "Board "), settled the following lawsuits in fiscal year 1985: Mullins v. A.J. Johnson, et al. U.S. District Court Civil Action No. 83JM129 Settlement: $11,000.00 wittemver v. boaru oz wuiiuy Eagle County District Court Civil Action No. 81CV250 Settlement: $26,674.79; and WHEREAS, in April, 1985, the Board was notified by the State of Colorado of a potentially disastrous landslide in the Dowd Junction area of Eagle County and two (2) joint disaster exercises were held on May 15 and June 14, 1985, as preparation for handling the potential threat to county roadways, other properties, and lives of county residents, resulting in the expenditure in the amount of $5,000.00; and WHEREAS, on September 11, 1985, the Eagle County District Court in the lawsuit Caroselli v. The Town of Vail, et al., Civil Action No. 81CV24, invalidated the West Vail annexa- tion proceedings, resulting in the County having to resume governmental functions and services within the West Vail area and, in conjunction therewith, having to incur expenditures in the amount of $95,868.00 for the remainder of fiscal year 1985; and WHEREAS, the Board has determined that the settlements of the aforementioned lawsuits, the landslide exercises and the resumption of jurisdiction of the West Vail area require the expenditure of funds from the County's Contingency Fund to cover such unanticipated expenses; and WHEREAS, the Board finds, determines and declares that such unforeseen expenditures have unduly burdened the respective budgets of the Sheriff's Office, Road and Bridge Department, Animal Control Department, Attorney's Department, and the County Emergency Preparedness Agency to the extent that with other normal expenditures it is not possible for such county offices and departments to absorb the costs of the aforementioned unfore- seen expenditures; and WHEREAS, the Board established the Contingency Fund, and budgeted and appropriated funds therein, to provide for expenditures caused by an act of God, or the public enemy, or some contingency that could not have been reasonably foreseen at the time of the adoption of the budget; and WHEREAS, the Board further finds, determines and declares that the aforementioned expenditures comply with the intent of the Contingency Fund and the provisions of §§ 29 -1 -114, 29 -1 -115, and 30 -25 -107, respectively, C.R.S. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the Board hereby authorizes the expenditure in the amount of one hundred thirty -eight thousand five hundred forty -two and 79/100 dollars ($138,542.79) from the County's Contingency Fund for the payment of the expenses specified herein. THAT, pursuant to §§ 29 -1 -114, 29 -1 -115, and 30 -25 -107, respectively, C.R.S., this Resolution, as proposed, has been published in full one time in a newspaper having general circula- tion within the territorial limits of the County of Eagle, State of Colorado. THAT, the Eagle County Administrative Services Director is hereby requested and directed to immediately transmit an original or certified copy of this Resolution to the affected spending agencies and the officer or employee of the County of Eagle whose duty it is to draw warrants or orders for the payment of money. THAT, the Eagle County Administrative Services Director is hereby further requested and directed to file an original or -2- 3 3 WHEREAS, the Board has determined that the settlements of the aforementioned lawsuits, the landslide exercises and the resumption of jurisdiction of the West Vail area require the expenditure of funds from the County's Contingency Fund to cover such unanticipated expenses; and WHEREAS, the Board finds, determines and declares that such unforeseen expenditures have unduly burdened the respective budgets of the Sheriff's Office, Road and Bridge Department, Animal Control Department, Attorney's Department, and the County Emergency Preparedness Agency to the extent that with other normal expenditures it is not possible for such county offices and departments to absorb the costs of the aforementioned unfore- seen expenditures; and WHEREAS, the Board established the Contingency Fund, and budgeted and appropriated funds therein, to provide for expenditures caused by an act of God, or the public enemy, or some contingency that could not have been reasonably foreseen at the time of the adoption of the budget; and WHEREAS, the Board further finds, determines and declares that the aforementioned expenditures comply with the intent of the Contingency Fund and the provisions of §§ 29 -1 -114, 29 -1 -115, and 30 -25 -107, respectively, C.R.S. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the Board hereby authorizes the expenditure in the amount of one hundred thirty -eight thousand five hundred forty -two and 79/100 dollars ($138,542.79) from the County's Contingency Fund for the payment of the expenses specified herein. THAT, pursuant to §§ 29 -1 -114, 29 -1 -115, and 30 -25 -107, respectively, C.R.S., this Resolution, as proposed, has been published in full one time in a newspaper having general circula- tion within the territorial limits of the County of Eagle, State of Colorado. THAT, the Eagle County Administrative Services Director is hereby requested and directed to immediately transmit an original or certified copy of this Resolution to the affected spending agencies and the officer or employee of the County of Eagle whose duty it is to draw warrants or orders for the payment of money. THAT, the Eagle County Administrative Services Director is hereby further requested and directed to file an original or -2- certified copy of this Resolution with the Division of Local Governments in the Department of Local Affairs. THAT, this Resolution is necessary for the public health, safety and welfare of the County of Eagle, State of Colorado. MOVED, READ AND ADOPTED by the Board of County Commis- sioners of the County of Eagle, State of Colorado, at its regular meeting held the qiJ, day of �r't P.vn�P r 1985. By: ty Commissioners B� COUNTY OF EAGLE, STATE OF COLORADO By and Through its BOARD OF COUNTY COMMISSIONERS Donald H. Welch, Commissioner Commissioner i 1)e.kCNr' seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner David E. Mott &�J'Z 't Commissioner Richard L. Gustafson A-kic Commissioner Donald H. Welch YY I P. This Resolution passed by � �1 D vote of the Board of County Commissioners of the County of Eagle, State of Colorado.