TC Ord. No. 1987-070
TOWN OF AVON
fo
ORDINANCE NO. 87-7
SERIES OF 1987
AN ORDINANCE AMENDING SECTION 8.20.020 OF THE
MUNICIPAL CODE OF THE TOWN OF AVON AS IT RELATES
TO EMERGENCY RESPONSE AUTHORITY DESIGNATION
WHEREAS, Section 29-22-101 et seq., C.R.S. 1973,
has been amended in a manner which requires the within
amendment to the Municipal Code of the Town of Avon,
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL
OF THE TOWN OF AVON, COLORADO AS FOLLOWS:
Section 1. 8.20.020 Emergency Response Authority
Designated.
Pursuant to Section 29-22-102(3), C.R.S. 1973, as amended,
the Avon Police Department is designated as the Emergency
Response Authority for hazardous substance incidents occurring
within the corporate limits of the Town.
Section 2. The Town Council hereby finds, determines
and declares that this ordinance is necessary for the general
health, safety and welfare of the community.
Section. This ordinance shall be published and
become effective as provided by law.
INTRODUCED, PASSED ON FIRST READING, APPROVED, AND
ORDERED POSTED, this 10th day of March, 1987, and a public
hearing on the ordinance shall be held at the regular meeting
of the Town Council of the Town of Avon, Colorado, on the
24th day of March, 1987, at 7:30 p.m. in the Municipal Building
of the Town of Avon.
Allan R. Nottingham Mayor
0 0
INTRODUCED, PASSED ON SECOND READING, APPROVED, AND
ORDERED, PUBLISHED ONCE IN FULL, this 24th day of March, 1987.
C-i
Allan k Nottinggam, Mayor
n - " f
HAZARDOUS SUBSTANCE RESPONSE
MUTUAL AID AGREEMENT
A reciprocal Hazardous Substance Assistance Agreement
between the Eagle County Board of County Commissioners,
The Town of Red Cliff, The Town of Minturn, the Town of
Vail, the Town of Avon, the Town of Eagle, the Town of
Gypsum, the Town of Basalt, the Eagle County Sheriff, and
the Colorado State Highway Patrol, relating to reciprocal
Hazardous Substance Incidents Response Assistance.
Whereas, reciprocal Hazardous Substance Response
Assistance between the above named Agencies and Towns
will provide advantages and benefits to the inhabitants
of Eagle County.
This agreement is made and entered into this
day of 1986 by and between the
Eagle County Board of County Commissioners, the Towns of
Red Cliff, Minturn, Vail, Avon, Eagle, Gypsum, and
Basalt, the Eagle County Sheriff and the Colorado State
Highway Patrol.
In consideration of the mutual benefits and ad-
vantages which will insure to the Agencies and the
Response Authorities, the parties hereto enter into this
agreement and hereby agree as follows:
1
(1) This agreement is not intended to, nor should it
be construed to: affect or extend the legal responsibilities
of any of the parties hereto, create, or modify preexisting
legal obligations, if any, create, or extend any legal rights
to any person, or to waive any claims which may arise as a
result.of a Hazardous Materials Incident (including claims
for reimbursement from persons responsible for a hazardous
substance incident or from any emergency response funds cre-
ated under State or Federal Law). This agreement is entered
into for the express purpose of mutual cooperation and co-
ordination between various emergency response agencies with-
in Eagle County, Colorado in the event of an occurence of a
Hazardous Material Incident. As used herein, the term
Hazardous Substance Incident shall be synonomous and shall
have the same meaning as provided in C.R.S. 29-22-101, as
amended, or as may be subsequently amended. All actions by
parties to this agreement performed in furtherance of this
agreement-shall be deemed and considered, as performed pur-
suant to C.R.S. 29-22-101, etseq., as amended, and the par-
ties hereto have entered into this agreement in reliance upon
the rights and immunities conferred upon them by said Statute.
(2) Nothing in this Agreement shall be deemed to create,
alter or delegate the authority of any designated emergency
response authority.
(3) In the event the parties to this agreement form an
emergency response team, such team shall not exist as a legal
entity but may exist solely for purpose of'training, education,
coordination, and rapid deployment of qualified personnel in
the event of a hazardous substance incident. Such team shall
not alter or effect the designation of any emergency response
authority, and any members of such team shall at all times
remain as employees of their respective employers and subject
to the terms of this Agreement.
n
(4) Any dispatch of equipment and personnel pursuant
to the agreement is subject to the following conditions:
a. The Incident Commander at a hazardous material
incident shall be an authorized representative of the
designated emergency response authority for the location
of the incident. He will notify the Emergency Operations
Center of the nature and magnitude of the hazardous
material spill or incident. The Incident Commander will
recommend what assistance is needed 'and identify and con-
tact the agencies that he anticipates will be necessary
for effective response.
b. To the extent reasonably possible, the entity
requesting assistance shall have two or more personnel
present at the location of any hazardous material in-
cident before requesting assistance.
c. The responding entity shall have it's personnel
report to the Incident Commander of the hazardous material
incident and abide by the orders of that official.
d. The responding entity shall be permitted to
withdraw its' personnel or equipment when:
1. Release by the Incident Commander.
2. The conditions at the hazardous material
incident create extraordinary exposure to
injury or death.
3. The needs of the responding entity require
the return of its' personnel or equipment.
e. Nothing contained herein shall authorize the
Incident Commander or any employees of a public entity
of a City or County to contract for materials or services
(whether or not an emergency exists) on behalf of their
3
employer or any party hereto unless such authorization
has been expressly granted by the governing body of
the employer or party hereto, or unless the expenditure
is one permitted by virtue of a duly adopted budget and
is actually made by a person authorized by his employer
to make such expenditures.
(5) Each party hereto waives all claims against the
other parties for compensation for any loss,, property damage,
bodily injury, or death occuring as a direct or indirect
consequence of the performance of this Agreement, except if
such loss, property damage, bodily injury, or death occurs
as a result of or willful and wanton acts, willful misconduct,
or gross negligence.
1
(6) Each party shall, at all times, be responsible for
its own costs incurred in the performance of the Agreement,
subject to later reimbursement from responsible parties or
emergency response funds, and shall not receive any reimburse-
ment from the other parties.
(7) All personnel and equipment of a responding Agency
shall be considered in,the employment of the responding Agency
and shall be covered by the liability, damage, workmen's com-
pensation, and/or other insurance coverage of said responding
Agency. Such personnel, shall, while engaged in the performance
of services under this Agreement, retain all rights, privileges
and immunity of, and be deemed to be engaged in the service and
employment of the responding entity and not of any requesting
entity.
(8) Any party hereto may terminate or withdraw from
this Agreement upon ninety (90) days advance written notice
to all other parties.
(9) This Agreement shall be effective upon approval by
all of the parties hereto when evidenced by duly passed re-
solution or ordinance of each.
Whereof, the duly authorized representatives of the
parties hereto have executed zuis Agreement the date and
year first above written.
5
w V
Mayor Attest- Town Clerk Date
Town of Minturn
By:
Mayor Attest- Town Clerk Date
Town of Vail
By:
Mayor Attest- Town Clerk Date
Town of Avon
By
Mayo
Town of Eagle
By:
Mayor
Town of Gypsum
By:
MAYORS
Town of Red Cliff
By:
Mayor
Town of Basalt
By:
Mayor
7
(~7st- T6:, n C1 r Date
Attest- Town Clerk
Date
Attest- Town Clerk Date
Attest- Town Clerk
Date
6
BOARD OF COUNTY COMMISSIONERS
Eagle County Chairman
SHERIFF
Eagle County Sheriff
COLORADO STATE HIGHWAY PATROL
Eagle County Representative
ENVIRONMENTAL HEALTH
Eagle County Officer
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON )
9
NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL
OF THE TOWN OF AVON, COLORADO, AT 7:30 P.M. ON THE 24TH DAY OF
MARCH, 1987, AT THE TOWN HALL FOR THE PURPOSE OF CONSIDERING THE
ADOPTION OF ORDINANCE NO. 87-7, SERIES OF 1987:
AN ORDINANCE AMENDING SECTION 8.20.020 OF THE MUNICIPAL CODE
OF THE TOWN OF AVON AS IT RELATES TO EMERGENCH RESPONSE AUTHORITY
DESIGNATION
A copy of said ordinance is attached hereto, and is also on
file at the office of the Town Clerk, and may be inspected during
regular business hours.
Following this hearing the Council may consider final passage of
this ordinance.
This notice is given and published by order of the Town Council
of the Town of Avon.
Dated this 10th day of March, 1987.
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF
AVON ON MARCH 11, 1987:
THE AVON POST OFFICE IN THE MAIN LOBBY
THE CITY MARKET IN THE MAIN LOBBY
PESTER GAS STATION; AND
THE AVON MUNICIPAL BUILDING IN THE MAIN LOBBY
STATE OF COLORADO )
COUNTY OF EAGLE ) SS.
TOWN OF AVON )
The Town Council of the Town of Avon, Colorado, met in
regular session, in full conformity with law and the Charter,
ordinances and-rules of said Town, at the Municipal Building, in
Avon, Colorado, being the regular meeting place of the Council,
on April 28, 1987, at 7:30 p.m. Upon roll call, the following
were found to be present, constituting a quorum:
Mayor: Allan R. Nottingham
Mayor Pro Tem: Steve Miller
Other Councilmembers: Al Connell
Jerry Davis
Emilie Harrison
Gloria McRory
Clinton Watkins
Absent:
There were also present:
Town Clerk:
Town Manager:
Town Attorney:
Thereupon, the following
were had and taken.
none
Patricia J. Doyle
William James
John Dunn
proceedings, among others,
The Clerk announced that Ordinance No. 87-8,
series of 1987
AN ORDINANCE TO CONTRACT AN INDEBTEDNESS OF
THE 'TOWN OF AVON, COLORADO, BY AUTHORIZING
THE ISSUANCE OF THE TOWN'S GENERAL OBLIGATION
REFUNDING AND IMPROVEMENT BONDS, SERIES 1987,
IN THE AGGREGATE PRINCIPAL AMOUNT OF
$4,045,000; PROVIDING FOR THE LEVY OF GENERAL
AD VALOREM TAXES TO THE EXTENT NECESSARY TO
PAY THE--PRINCIPAL OF AND INTEREST ON THE
BONDS; PROVIDING DETAILS CONCERNING THE BONDS
AND FUNDS APPERTAINING THERETO; RATIFYING
ACTION PREVIOUSLY TAKEN CONCERNING SAID
BONDS; AND REPEALING ALL ORDINANCES IN
CONFLICT HEREWITH.
which. ordinance was introduced and read by title for the first
time on April 14, 1987, had, as ordered by,the Town Council, been
published in the Vail Trail, a newspaper of general circulation
in the Town of Avon, in its issue of April 171 1987, and that the
publisher's affidavit of publication of the ordinance are now on
file in the office of the Clerk.
Thereupon, Ordinance No. 87-8, Series of 1987 was read
by title for the second time, printed copies having been
furnished to Councilmembers and members of the public in
attendance.
Mayor, Nottingham announced that this -is the time and
place for a public hearing on the adoption of Ordinance No. 87-8,
Series of 1987. -
After the close of the public hearing, Mayor Nottingham
introduced Ordinance No. 87-8, Series of 1987 for final
consideration.
It was thereupon moved by Councilmember Miller
and seconded by Councilmember Harrison that said ordinance
be amended to read as follows:
-2-