TC Ord. No. 1987-230 0
ORDINANCE NO. 87-23
SERIES OF 1987
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
CONCERNING LITIGATION WITH THE FIRE AND POLICE PENSION ASSOCIATION.
WHEREAS, the Town Council of the Town of Avon, Colorado,
finds that the Town of Avon is lawfully authorized to enter into
an agreement with the governing bodies of other public agencies,
pursuant to the Town's Charter, in order to provide services that
benefit the Town of Avon; and
WHEREAS, the Town Council of the Town of Avon, Colorado,
has authorized an expenditure of up to $5,000.00 for litigation
with the Fire and Police Pension Association concerning the Police
Department Pension funds; and
WHEREAS, doing so would be in the best interest of the
inhabitants of the Town;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO:
Section 1. The Mayor and Town Clerk are authorized to
sign an intergovernmental agreement with the cities of Littleton,
Cherry Hills Village, Cortez, and Grand Junction, Colorado, and the
Eagle-Vail Fire Protection District, providing for the payment of
litigation expenses to S. Morris Lubow, for litigation against the
Fire and Police Pension Association for monies due and owing to the
aforementioned public agencies, pursuant to Part 10, Article 30,
Title 31, Colorado Revised Statutes.
INTRODUCED, PASSED ON
POSTED this 8th day of__Sp4
hearing on this Ordinance shall
the Town Council of the Town of
September 1987, at 7:3
the Town of Avon, Colorado.
FIRST READING, APPROVED AND ORDERED
:)tPmhPr , 1987, and a public
be held at the regular meeting of
Avon, Colorado, on the 22nd day of
p.m., in the Municipal Building of
Allan R. ttingh Mayor
INTRODUCED, PASSED ON SECOND READING, APPROVED AND
ORDERED POSTED this 22nd day of September , 1987.
A an R. Nottin ha , Mayor
Ar_D7.'rMVVM
THIS AGREEMENT is made this o7 day of 1987, by
and between the TOWN OF AVON, the EAGLE-VAIL FIRE PROTECTION
DISTRICT, THE CITY OF CORTEZ, THE CITY OF LITTLETON, CITY OF
GRAND JUNCTION, CHERRY HILLS VILLAGE, and all municipal or
quasi-municipal corporations of the State of Colorado (hereinaf-
ter referred to as "the Parties").
WHEREAS, the Parties have commenced litigation to determine
whether the Fire and Police Pension Association has wrongfully
withheld monies pursuant to Part 10, Article 30, Title 31,
C.R.S.; and
WHEREAS, the Parties desire to enter into this contract
wherein the obligations of the Parties in terms of costs and
attorneys' fees are specified.
NOW, THEREFORE, in consideration of the mutual promises and
covenants made herein, the Parties agree as follows:
1. The Parties agree that S. Morris Lubow, 1775 Sherman
Street, Suite 1700, Denver, Colorado 80203, shall be their
attorney to proceed with litigation against the Fire and Police
Pension Association for monies the Parties allege are due and
owing to them pursuant to Part 10, Article 30, Title 31, C.R.S.
2. The Parties agree that Mr. Lubow shall be entitled to
minimum legal fees of ten thousand dollars ($10,000.00) plus all
of his costs, to provide up to one hundred (100) hours of legal
work. To this extent, the Parties agree that they shall forward
to the City of Littleton two thousand dollars ($2,000.00) each at
the time this agreement is executed.
3. The City of Littleton shall establish an account to
receive monies for this litigation. The City of Littleton shall
make disbursements from this account for the minimum legal fees
Agreement
Page 2
of $10,000.00 to Mr. Lubow and any additional legal fees or costs
which may arise as a result of the litigation of this matter.
4. All work performed by Mr. Lubow over the one hundred
(100) hours shall be billed to the Parties at two hundred dollars
($200.00) per hour provided, however, that such additional legal
fees are to be paid only out of monies recovered, if any, as a
result of the litigation (or settlement thereof) specified
herein.
5. Regardless of whether or not any monies are recovered on
behalf of the Parties, Mr. Lubow shall be entitled to recover all
of his costs expended on behalf of the Parties, provided however,
that no costs or fees for experts (i.e. accountants, etc.) shall
be incurred without the prior approval of that party for whom
such costs are to be expended. Additionally, each Party shall be
,/liable for its own costs which may include, but not be limited to
mileage, accountant's fees and its prorata share of all common
costs, court costs, and attorneys fees. The Parties agree that
Littleton shall bill each of them for their prorata shares and
shall, after said sums are received, forward same to Mr. Lubow.
6. If sums are recovered on behalf of the Parties in excess
of legal fees or costs as specified herein or if funds remain in
the account established pursuant to paragraph 3 above at the
close of the litigation,* each Party shall be entitled to its
prorata share of such recovery.
7. New parties shall be allowed to join in the described
litigation, without the express written consent of all the
parties hereto, upon: the determination by S. Morris Lubow that
said party's interests and claims are identical to the claims of
the parties hereto and that the claims of the said new party
and/or its joinder in the action will not adversely affect the
interests of the existing parties; the payment by said new party
of $2,000.00 to Littleton in accordance with paragraph 2 above;
Agreement
Page 3
and upon the execution by said party of an identical duplicate
counterpart of this agreement.
8. This Agreement shall inure to and be binding upon the
successors and assigns of the Parties hereto and may be executed
by counterparts. The signature of all of the parties on one or
more counterparts shall be effective as if all signed the same
document.
1 -
• Agreement
Page 4
At`estz
Attest:
Attest:
CITY OF LITTLETON, COLORADO
By:
City Attorney
CHERRY HILLS VILLAGE
By:
Mayor
TOWN OF AVON
By
Mayor
CITY OF CORTEZ
By:
Mayor
EAGLE-VAIL FIRE PROTECTION DISTRICT
By:
Board Chairman
CITY OF GRAND JUNCTION
By:
City Attorney
cacon.2
E
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON )
E
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 22ND DAY OF
SEPTEMBER, 1987, AT THE TOWN HALL FOR THE PURPOSE OF CONSIDERING
THE ADOPTION OF ORDINANCE NO. 87-23, SERIES OF 1987:
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT CONCERNING
LITIGATION WITH THE FIRE AND POLICE PENSION ASSOCIATION
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 the Ordinance.
This notice is given and published by order of the Town Council
of the Town of Avon.
Dated this 8th day of September , 1987.
TO OF VON, COLORAD
BY: t~ ~t
tricia J. Doy , Town
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF
AVON ON September 9, , 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