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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