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HomeMy WebLinkAboutResolution-1998-1660 RESOLUTION NO. l660 Series of 1998 A RESOLllTION OF THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE ADOPTING BY REFERENCE, THE JEFFERSON COUNTY NORTH PLAINS COMMUNITY PLAN, F AIRMOUNT SUBAREA AND ENCLAVE SECTION AS THE THREE-MILE UNINCORPORATED AREA PLAN SURROUNDING THE CITY OF WHEAT RIDGE WHEREAS, Colorado Revised Statutes 31-12-10S!e) reqUires that pnor to completIOn of any annexation wlth1l1 a three-mile area surround1l1g a municipality, that the muniCipality shall have 111 place a plan for that area, and WHEREAS, the County of Jefferson adopted the North Pla1l1s Community Plan m Apnl, 1990, and WHEREAS, that plan extends to 1I1clude a three-mile area surround1l1g the City of Wheat Ridge, wherein the City may consider annexatIOn, and WHEREAS, that plan provides the necessary informatIOn, as set forth by statute, for makmg annexatiOn deCisiOns; and WHEREAS, the City of Wheat Ridge City Council IS in general agreement with, and concurs with the recommendations set forth by the North Plains Community Plan for the Three- Mile umncorporated area which surrounds Wheat Ridge. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, that the Jefferson County North Plams Commumty Plan, Falrmount Subarea and Enclave Section IS adopted by reference and shall serve as a general gUide for annexatIOn studies and proposals, and for subsequent zomng decisIOns as the plan applies to areas three miles from the eXlst1l1g boundary of the City of Wheat RIdge, With the followmg amendments: A. With the ll1clUSlOn of the two enclaves on West 52nd Avenue to the Enclave Map B Remove RV ParKs and ReSidential Uses up to IS dwelling umts per acre from the recommended land uses from Area 20 of the Fairmount Subarea Map RESOLVED AND PASSED THIS ATTEST .] ^ /\ , ,;) t. '~ {/}'L~',l_~ '. ,// ""'2i ----- , WANDA SANG, CITY ERK d:.,... \ccrpts\res( l-urd\3 In i I cp In, \.....pd 7.1rcPayof MRrch , 1998 Resolution No / ~ I ' / \ ',- ' ' / 1,- ",/, .-+ !,. --- l'-- 'to t' I r ":..c { f 1._......1 ~.~ )...~.<, ;~..I)f : 9RETCHEN CERVENY, MA YOR ~ i 'J Page 2 INTERGOVERNMENT AL AGREEMENT BETWEEN .JEFFERSON COUNTY. THE CITY OF ARV ADA. THE CITY OF LAKEWOOD. THE CITY OF WHEAT RIDGE. THE CITY OF GOLDEN. THE CITY OF WESTMINSTER. TOWN OF MORRISON. TOWN OF MOUNTAIN VIEW AND THE CITY OF EDGEW A TER THIS AGREEMENT, dated for reference purposes only thiS 1st day of January, 1998, is made and entered mto by and between the COUNTY OF JEFFERSON, STATE OF COLORADO, a body politic and corporate (the "County"); the CITY OF ARV ADA, a mUniCipal corporation ("Arvada"); the CITY OF LAKEWOOD, a municipal corporatiOn CLakewood"); the CITY OF WHEAT RIDGE, a municipal corporatiOn ("Wheat Ridge"), and the CITY OF GOLDEN, a munIcipal corporatlOn ("Golden"), CITY OF WESTMINSTER, a municipal corporation CWestmmster"), TOWN OF MORRISON, a municipal corporatIOn ("Momson"), TOWN OF MOUNTAIN VIEW, a municipal corporatIOn ("Mounta1l1 View"); CITY OF EDGEWATER, a municipal corporatIOn ("Edgewater") WITNESSETH WHEREAS, C.R.S SectIOn 30-15-101(1) (1994 Supp ) authonzes the board of county commiSSIOners of each count) to establish an ammal holding facility and engage personnel to operate It, provide for the Impoundment of animals, and to establish terms and conditIOns for the release or other dISpOSitIOn of impounded animals; and WHEREAS, C.R.S SectIOn 30-15-101 (2) (1994 Supp.) authorizes counties and mUniCipalities to enter into an mtergovemmental agreement to prOVIde for the control, I1censmg, impoundmg, or dispositIOn of pet animals or to proVide for the accomplishment of any other aspect of a county or mUl1lclpal dog control or pet al1lmal controll1censmg resolution or ordmance, and WHEREAS, C.R.S SectIon 31-15-401(m)(1) (1994 Supp,) authorizes mUl1lcipalities to regulate and control animals Wlthin the municipality including, but not limited to, licensing, Impoundment, and dispositIon of impounded animals; and WHEREAS, Part 2 of Article I of Title 29, C.R.S. permits and encourages governments to make the most effiCient and effective use of their powers and responsibIlities by cooperating and contractmg with other governments, and WHEREAS, Part 2 of Article I of Title 29, C.R.S authonzes governments to contract With one another to prOVIde any function, serVice, or facility lawfully authonzed to each of the contractmg units through the establishment of a separate legal entIty; and :\1 \GRQUPS\..... TTOR>iE Y.,CO\l'\I_RES\ANI\tAL\.T:'>IACIGA WHEREAS, pursuant to C.R.S Section 30-11-107(1) (1986 Rep Vol.) the parties are authorized to enter into agreements for the jomt use and occupation of public buildmgs; and WHEREAS, It would be in the best interest of all of the above-referenced parties to particIpate in the expanSIOn, orgal11ZatlOn, administratIOn, and common use of a central animal shelter; and WHEREAS, the partIes desire to enter mto a new Agreement here1l1, which supersedes all pnor agreements and amendments and adds the City of Edgewater as a party to the Agreement. NOW, THEREFORE, 111 consideration of the mutual covenants and agreement of the parties heremafter contained, the receipt and suffiCiency of which are hereby confessed, It is understood and agreed as follows. GENERAL PROVISIONS A. EST ABLISHMENT OF TABLE MOUNTAIN ANIMAL CENTER. The parties hereby establish a separate legal entity to be known as the "Table Mounta1l1 Animal Center" (the "Center") whIch shall be responsible for the adm1l11stratlon and operatIOn of the FacIlity, B LEASE OF SHELTER. The Center shall lease the FaCility from the County pursuant to an amended Lease Agreement. The Center, for the purpose of expandmg, organlZlng, adm1l1istering, and operating the central animal facility on the land so leased, will improve, mamtam, and operate the Facility as prOVided herem, II. POWERS OF THE CENTER A. GENERAL POWERS The parties hereto agree the Center shall be empowered With the authonty to improve, construct, maintain, repair, control, regulate, and operate the Facility Wlthin Jefferson County, Colorado, as a complete animal shelter for the use and benefit of the parties to this Agreement and their constituents. B POWER TO SHELTER ANIMALS Ai'm PROVIDE EDUCATIONAL PROGRAMS The pnnclpal purposes of the Center are (1) to retam in temporary custody and to prOVide for the subsequent adoptIOn or disposition of al11mals taken mto possessIOn by the respective govemmg bodies or animals tendered to the Center by reSidents of the respectIve goverl11ng bodies, and (2) to proVide educatIOnal, volunteer and related programs to individuals and the commul11ty to promote responsible pet ownership As used here1l1, the term "animals" shall include, but is not necessarily limited to, dogs, cats, cattle, horses, and all other domestic or wild animals of any kmd or descriptIOn. C POWER TO NEUTER AND SPAY In addItion to prmndmg temporary custody M. \GROUPS\A TIOR..... '"EY\CO....f.\l_ RES\~SI\{AL\ TIolAC lGA 2 for said animals, the Center shall have the authority to establish a climc for the purpose of spaying and neutenng ammals. D. POWER TO MAKE CONTRACTS, HIRE, AND FIRE. The parties hereto further agree the Center shall have the authonty to contract and purchase all necessary supplies, equipment, matenals, and services, mcluding professIOnal servIces, and further to hire and discharge employees as deemed necessary to operate the Center E, POWER TO SET FEES The fees to be charged for services shall be established by the Center, shall be umform and reasonable, and shall supersede any fees previously established by the respective governmental bodies. F POWER TO LEASE PROPERTY. The parties hereto agree the Center IS empowered to negotiate and enter 1I1to a lease of property on behalf of the parties hereto which is SUitable for an animal faCility The initial lease shall be WIth the County for the Facility III BASIS FOR POPULATION AND ASSESSED V ALUA nON A BASIS FOR POPULATION The partIes hereto agree that whenever the populatIOn of the varIOUS entitles IS to be determmed herein, the source for Said determination shall be the Denver RegIOnal CounCil of Governments' statistics and 1I1formatlOn or the United States census m the years when such census is taken. B. BASIS FOR ASSESSED V ALUA TroN The basiS for the assessed valuation shall be that valuatIOn as determined annually by Jefferson County, C FIGURES TO BE USED The parties further agree whenever the population or assessed valuation IS needed for computatIOns under this Agreement, the figure used shall be the most recent available at the tJme such figure IS needed, unless otherwise speCified herem. IV CONTRIBUTIONS TO INITIAL CAPITAL COSTS A. GENERAL PROVISION. Arvada, Lakewood, Wheat Ridge and the County agreed in a pnor agreement to pay the initial capital costs on the basis of the ratIO of each entity's populatIOn to the total populatIOn of Jefferson County based on the 1974 population. As reqUired 111 a pnor agreement and amendments, Golden paid mitIal capital costs based on the 1994 population and Westminster, Morrison and Mountain VIew paid the 1I11tJal capital costs based on the 1995 populatIOn. The parties agree the initial year to be used for the determmatlOn of population for Edgewater's contribution shall be 1996 B. INITIAL CAPITAL COST CONTRIBUTIONS OF THE PARTIES. Based on the prior agreements, the County, Arvada, Lakewood, Wheat Ridge, Golden, Westminster, Mornson and Mountall1 View already contributed their share of the initial capital cost by havmg ~1. ',GRotJPS\A TTOR..',EY\COM~t _ RESv... "1~IAL\ ntAC lGA .., .J pmd the following amounts Lakewood \Vheat Ridge Arvada Jefferson County Golden Morrison Mountam View Westmmster .37162% x $375,00000 + $139,357.50 11101% x $375,000 00 = $ 41,628 75 .23198% x $375,000.00 = $ 86,992.50 ,28539% x $375,000.00 = $107,021.25 03 \.$375,000 00 = $ 11,25000 .001 x $375,000 00 = $ 37500 001 x $375,000 00 = $ 37500 16 x $375,000 00 = $ 60,000 00 The parties further agree that Edgewater's share of the 1I1111al capItal cost shall be $3,750.00 (01 x $375,000 00) Edgewater agrees to appropnate the above amount by the first day of January, 1998, and shall pay said money to the Table Mountall1 Al1lmal Center by February 1, 1998 Edgewater shall be deemed a party to the Agreement upon payment of Its respectl've 111ltial capital costs to the Table Mountam Al1lmal Center and It shall be entitled to and subject to the rights and obligations set forth in the Agreement 111 the same manner as the orig1l1al parties on the date said 1I11t131 capital cost IS received by the Center C. INITIAL CAPITAL COST CONTRIBUTIONS OF NEW PARTIES In the event that any municipality, other than the parties to thiS Agreement, deSire to Join 111 thiS Agreement, It shall be reqUired to pay Table Mounta1l1 Al1lmal Center an amount eqUivalent to ItS per capita percentage of the current population of Jefferson County multiplied by the initial capital cost of $375,00000 In the event that any such mUl1lclpality lies partially wnhll1 and partially without the temtonallimits of Jefferson County, the populatIOn located wlthout shall be added to the total County populatiOn to compute their pro-rata share of 1l11t1al capital costs. The populatIOn figures used to calculate the capnal cost contributiOn of a new party shall be the most recent populatIOn figure available V CONTRIBUTIONS TO OPERATING COSTS A. OPERATING COST CONTRIBUTIONS OF THE PARTIES. The Assessments paid to the Center by the respective parties cannot be greater than 50% of the annual operating expenses. The Board of DIrectors of the Center \vill determ1l1e the Total Annual Assessment Figure to be paid on an annual basis. Each party's contribution will be determmed as follows. I. PopulatIOn Calculation, a. The population of each municipal party that IS wlth1l1 Jefferson County will be determ1l1ed, b The population for the County Will be determined by subtracting all of the mUl1lclpal party populatiOn numbers and any population ~l G;:l.OL"PS'A TTOR:--'t,(CO\{\l~KES"-\:-.[:'>I:\L,T\l.\C IGA 4 numbers for areas within Jefferson County that are not currently serviced by Jefferson County Animal Control, from the total populatIOn of all of Jefferson County c. All of the mdlvldual mUl1lclpalitles and the County population numbers wIll be added together and each member's percentage of the total will be detenmned. VALUE A 2. Assessed Valuation Calculation. a. The assessed valuatIOn figure for each municipal party will be determined based on the assessed valuation within the boundaries of each of the respective municIpalities. b The assessed valuation figure for the County will be determmed based on the assessed value for all of the un1l1corporated portIOn of Jefferson County c. All of the mdIvldual municipal1ties and the County assessed valuation figures will be added together and each party's percentage of the total will be determined. VALUE B 3 Annual Assessment Valuation. a. The percentages for population and assessed valuation of each party WIll be added together and divided by 2. VALUE A + VALUE B dlVlded by 2 = VALUE C. b. VALUE C for each party WIll be multiplied by the Total Annual Assessment Figure determined by the Board of Directors to arrive at the Annual Assessment Figure to be paid by each party, B. APPROPRlA TION AND PAYMENT OF FUNDS The parties agree to consider for appropriation the amounts computed as set forth above by the first day of January of the year during which said momes are to be expended by the Center The paries agree to pay said amounts to the Center by January 31 of the year during which said momes are to be expended by the Center, provided, however, that all payments to the Center pursuant to thiS Agreement are subject to annual appropriation by the County and muniCipal partIes hereto In the manner required by statute. It IS the mtentlon of the parties that no multiple-year fiscal debt or other obligatIOn be created by thiS Agreement. C. OPERATING COST CONTRIBUTIONS OF NEW PART1ES. In the event that any municipality, other than the parties to thiS Agreement, subsequently j01l1s 111 this Agreement, M \GROL'PS\ATTOR......'EY\CO~1].I_R.ES\AN1}.tAL\n.tAC IGA 5 its share of annual operating costs shall be computed, appropriated and paid as set forth above In this Part V. Should any such municipality be partially within and partially WIthout the territonal limits of Jefferson County, the population without the County shall be added to the total County populatIOn to compute the pro-rata shares of annual operating costs VI. BOARD OF DIRECTORS A. POWERS All powers, pnvlleges and duties vested in the Center shall be exercised and performed by and through its Board of Directors. B APPOINTMENTS Each party shall designate and appoint one Director to serve on the Center board. Each DIrector shall be in regular attendance and partICIpate in Center meetmgs and activities. Each Director shall serve in accordance with the terms and condItions set forth by the party that appointed the DIrector. Each party may also appoint an alternate board member C. ELECT10N OF OFFICERS. At the annual meeting of the Board of Directors, the board shall elect from ItS membership a President, a Vice President (and President pro tem), a Secretary and a Treasurer, who will assume their office at the annual meet1l1g These officers shall serve until theIr successors have been elected. The officers shall be elected by an affirmative vote of at least a majority of the board. D BYLAWS AND POLICIES AND PROCEDURES. The Board of Directors shall have the power to promulgate bylaws and pol1cles and procedures whIch shall estabhsh the organizatIOnal rules and pol1cies and procedures for the management and operation of the Center VII, POWER TO CONTRACT WITH NON-PARTIES It is mutually agreed by the parties hereto that the County of Jefferson shall have the power to contract separately for the animal control services Wlth any other city currently mcorporated or 1I1corporated m the future. VIII. CAPITAL IMPROVEMENT FUND The Center may establish a capital improvement fund With surplus revenues generated by operation of the Center or by funds transferred from the Table Mounta1l1 Ammal Center FoundatIOn, a Colorado non-profit corporatIOn (the "FoundatIOn"). The uses to which Said fund may be put include, but are not necessarily limited to, replacement of capital eqUipment, procurement of new capital equipment, and expansion of the Facility IX. CONTINGENCY FUND ESTABLISHED The Center shall establish a contmgency fund which shall not exceed ten percent (10%) M >..GROL'PS\A TTOR..'IEY\CO.\.t.\.1)tES\A.NI~IAL\TMAC IGA 6 of the preceding year's actual expenditures. The money for said fund may be generated from transfers from Impoundment, boarding and adoption fees, investment mcome, donatIOns, grants and other incidental sources of revenue Said contmgency fund shall be used to defray the costs of unanticipated operat1l1g expenses. X. BUDGET A. BUDGET PROCESS Each year, the Center shall prepare a preliminary budget and submit said budget to the Center's Board. The budget shall contam detailed estimates of the operat1l1g costs of the subsequent year The prel1mmary budget shall be approved by the Center's Board on or before June 30th of each year, The approved preliminary budget shall be submitted to each of the govem1l1g bodies of the parties hereto as soon thereafter as possible. After final actIOn by the governing bodies of the parties upon the preliminary budget, said actions shall be reported back to the Center's Board which shall adjust the budget accordingly, if necessary. The final budget shall then be approved by the Center's Board and certified by the secretary and treasurer of the Center's Board. A final budget shall be submitted to each of the governmg bodIes of the parties no later than December 15th of each year that thiS Agreement IS m effect. B. CONTRIBUTIONS TO THE BUDGET The parties hereto agree to contribute to the budget based upon the formula contamed m SectIOns III and V of this Agreement or upon such other basiS as may from l1me to time be determined by all of said parties. XI. FUNDS AND OPERATIONS A. DESIGNATION OF FUNDS The Center agrees that the various mOl1les paid to the Center by the parties hereto, and any monies generated by the Center Itself or from the FoundatIOn, shall be placed into a designated fund, and any expenses mcurred by reason of operation of the FaCility shall be paid from said fund, B CHOICE OF DEPOSITORY. All monies belongmg to the Center or designated for use by the Center shall be deposited in the name and to the credit of the Center With such depositories as the Center shall from time to tIme deSignate. C. DISBURSEMENT OF FUNDS No disbursements shall be made from the funds of the Center except by check. D FISCAL RESPONSIBILITY The Center shall not borrow money nor shall It approve any claims or mcur any obligatIOns for expenditures unless there IS suffiCient unencumbered cash m the appropnate fund, credited to the Center, With which to pay the same. M'GROUPS\A TIOR...... 'E )~,CO.\[\1_ RES\AN1.\l-U- \ nAAC IGA 7 E, SURPLUS REVENUES Nothlllg herein, however, prevents the Center from returning any surplus revenues generated by the operation of the Center to the respecl1ve parties hereto in the same proportIon that s31d parties are required to contribute for ma1l1tenance and operatIOn. XII. BOOKS AND RECORDS A. RECORD KEEPING The Center shall malllta1l1 adequate and correct accounts of Its funds, properties, and business transactIOns, which accounts shall be open to lllspectlOn at any reasonable time by the parties hereto, their attorneys, or their agents. B. ANNUAL AUDIT. The Center shall cause to be conducted an annual audit within 90 days after the end of the fiscal year. Such audit shall be conducted by an independent certified public accountant, registered accountant, or partnership, or certified public accountants, or registered accountants licensed to practice 111 he State of Colorado. The Center shall tender a copy of said audIt to the governing bodies of the respectlve parties hereto XIII. REPORTS A. ANNUAL REPORT. By May 1st of each year the Center shall prepare and present to the respective City Councils and Board of County Commissioners of Jefferson County a comprehenSive annual report of the Center's actlvities and finances dunng the precedmg year B. REPORTS REQUIRED BY LA W, REGULATION OR CONTRACT. The Center shall also prepare and present such reports as may be required by law, regulatIOn, or contract to any authorized federal, state, and/or local officials to whom such report IS reqUired to be made in the course and operatIOn of the Center. C REPORTS REQUESTED BY THE PARTIES. The Center shall also render to the parties hereto, at reasonable intervals, such reports and account1l1gs as the parties hereto may from time to time request. XIV. DEF AUL T IN PERFORMANCE In the event any party fails to pay ItS share of the operatlllg costs when due, or to perform any of ItS covenants and undertakmgs under thiS Agreement, the Center shall cause wntten notice to be given to the govemmg body of the party of the Center's intention to term mate said Agreement as to such party in default, unless such default IS cured wlthm thirty (30) days from the date of such notice. Upon failure to cure said default within said thirty (30) day penod, membership 111 the Center of the defaultmg party shall thereupon termmate, and said defaultmg party shall thereafter have no votmg rights as a member of the Center at any regular or special meeting thereto, nor be entitled to representatIOn on the Center's Board of Directors, and said defaulting party shall thereafter be denied service by the Center Furthermore, such default1l1g M:'.GROlJPS\A TTOR."'EY\CO~0.1_RES'v\l"I\IAL\T\.1AC IGA 8 party whIch is terminated under thIs sectlOn of this Agreement shall forfeit all nght, title, and interest in and to any property of the Center to which it may othenvise be entitled upon the dlSsolutlOn of this Agreement. ThIs SectIOn IS not ll1tended to hmit the nght of any party under this Agreement to pursue an: or all other remedIes it may have for breach of thIs Agreement. XV TERM. RE\'EWAL AND TERc\,lI0i'A TTON OF AGREEMENT A. TER.\;1 AND RENEWAL OF AGREEMENT ThIs Agreement shall be in full force and effect for a term of 35 years from January I, 1998, and the parties entenng into this Agreement shall have the optIOn to extend thiS Agreement by arnend1l1g thIS Agreement pursuant to Section XVI or until sooner term1l1ated b) a majority of the parties hereto B. TER.\;1INATION BY \VRlTTEN NOTICE, ThIS Agreement. or any party's participatIOn m thiS Agreement, may be termmated effective by written notice from the party or parties to the Center at least 180 days prior to January' 1 st of any given year Any party terminating ItS particIpatIOn pursuant to thIS provision, shall not be enlltled to any reImbursement of Its capItal cost contributIOns or any annual operatmg cost contributions preVIOusly paid to the Center Such party shall be entitled to be readmitted to the membership of the Center without mak1l1g the capital contributlOn reqUIred of new membas pursuant to SectIOn IV C C TER.\,l10i'A TIO:-J \y1THOUT REQUIRED 0:0TICE. In the event that any party hereto elects to term1l1ate its partICIpatIOn 111 thiS Agreement pnor to the end of any penod of this Agreement and not in accordarlce with subsectIOn B of thiS sectIOn, such part) shall be conSIdered m default of thiS Agreement and accordingly shall forfeit its entire contribution to the Center Upon default, the defaulting party shall forfeit all pnvileges and property that such party obtamed as a result of ItS membership in thiS Center Should a default1l1g part), at some later date, seek readmiSSIOn to the membership of the Center, such party shall be required to meet the reqUirements and contributions of an: nev'/ part: seeking membership pursuant to SectIOns IV and V of thiS Agreement. D PO\vcRS OF CE\'TER UPO]\; TER.\;[INA TIO]\; BY TWO-THIRDS Upon term1l1atlOn b) mutual agreement of t\vo-thirds of the parties to thiS Agreement, the powers granted to the Center under thIS Agreement shall contmue to the extent necessary to make an effective dIsposItIOn of the propert), eqUipment, and animals under thIS Agreement. E STA Tl.;"S OF LEASED PRE\lISES CP00: TER.\;[GA TIO\' BY TWO-THIRDS Upon termination of thIS Agreement by mutual agreement of tVoio-thlrds of the parties hereto, the leased premises and Impro\ ements thereon located in Jefferson Count). shall revert to Jefferson Count: for its use and o\\nerShlp An)' cost for liabilItIes incurred by the Center dunng the term1l1ation of this Agreement and as an expense of terminatIon shall be borne by each party to the Agreement 111 the same proportion as It IS reqUlred to contribute to the current Center funds for operatmg costs :\1 G<<..OL7S. .1,..-rOR..'-::Y CO"!\I)tES, J.,:-.l\t-\L T'\!AC ;G.'!" 9 XVI. AMENDMENT This Agreement may be amended at any time in writing by agreement of two-thirds of the parties to this Agreement subject to the approval of the vanous govemmg bodIes. XVII. SEVERABILlTY CLAUSE If any provIsIOns of thiS Agreement or the application thereof to any party or circumstances IS held invalid, such mvalidlty shall not affect other provisIOns or applications of the Agreement which can be given effect without the mvalid prOVISIOn or application, and to this end, the provisions of the Agreement are declared to be severable XVIII. COUNTERPARTS This Agreement may be signed 111 counterparts, and each counterpart shall be deemed an onginal, and all the counterparts taken as a whole shall constitute one and the same mstrument. The Agreement shall not be effective until executed by all parties. XIX. NO THIRD PARTY BENEFICIARIES Except as otherWIse stated herein, thiS Agreement is mtended to describe the nghts and responsibilities of and between the parties and IS not mtended to, and shall not be deemed to, confer rights upon any persons or entities not named as parties, limit m any way governmental immul1lty and other limited liability statutes for the protection of the parties, nor limit the powers and responsibilities of any other entity not a party hereto. Nothmg contained herein shall be deemed to create a partnershIp or Joint venture between the parties With respect to the subject matter hereof. XX. SUPERSEDES This Agreement supersedes and replaces all prior agreements and all amendments thereto XXI. NONDISCRIMINATORY POLlCY The Center shall make ItS servIces, faCIlities, and programs available to all persons regardless of race, color, age, creed, natIOnal ongm, sex, or disability. XXII. NO GENERAL OBLlGA TION INDEBTEDNESS Because thIS Agreement will extend beyond the current fiscal year, the partIes understand and mtend that the obligation of the partIes to pay the annual operatmg costs hereunder constitutes a current expense of the parties payable exclUSively from the partIes' funds and shall not 111 any way be construed to be a general obligation 1I1debtedness of the partIes within the ~t.\GROUPS\A rrOR.'.EY\CO~l\I_RES\.A:-'l\1AL\T\1AC IGA 10 meaning of any provisIOn of Article XI of the Colorado Constitution, or any other constitutIOnal or statutory indebtedness. None of the parties has pledged the full faith and credit of the state, or the parties to the payment of the charges hereunder, and this Agreement shall not directly or contingently oblIgate the parties to apply money from, or levy or pledge any form of taxation to, the payment of the annual operating costs. IN WITNESS WHEREOF, the parties have executed this Agreement. ATTEST: JEFFERSON COUNTY, STATE OF COLORADO ~. J\ By ;"'--, _ l'~l John p, St6f1e, Chairman Board of County CommISSIOners Date: r" \ \~~ ~~I.-- J....",-,_ 'i ~ .1 " APPROVED AS TO FORt\!!: ,--- --~ " _........t. ' I Gay R Ummel Assistant County Attorney . ~ ( J M:'GROL"PS',A TrOR. " "EY",CO~{'\'1_RES\A:-.lI~IAL\T\1AC.lGA 11 A -:lEST. 1i~ci?~ 0u~ Cry Cer:< : r:~o_...,'S"...... -:~,~~- c::~.C\.t_ '..ES.A.....l~I;..l.:.~.IAC.:GA CITY 0 F AR v.-\..O A., STArr OF C ATTEST' CITY OF LAKEWOOD STAtE OF COLORADO LC0LU- ~~~ Karen Goldman, City Clerk By' ~-)A~ 7~ Mike Rock, city Manager APPROVED AS TO FORM i1J 1~ Office of the City Attorney APPROVED n, Chief of Police ice Department M: IGROUPSIA ITORNEYICOM-RESIANIMALITMAC .IGA 13 Oi:r:,CE OF THF G.11Y nrp'< WHEAT RlDGE, CO 80033 THIS IS A TRUE AND CORRECT ropy (EXACT) OF THE ORIGINAL Pi1CUfv1ENT iN MY CUSTODY. rJ {. 7 " TJ l\fE. ATTEST: CITY OF WHEAT RIDGE STATE OF COLORADO ~J.. J-=r. City Clerk ~~~ Office of the City Attorney M. 'GROL'PS\A TTOR..'iEY\Cm.l\1_RES\A.'<I~IAL \ T\tAC, IGA 15 A TrEST CITY OF GOLDEN STATE OF COLOR.A..DO ~~~ CltYClerk,~ .\\ CKCl7$" A :-7~;:t',~" ("::,,::,.!_ ~~. J,,:--;'.1..\-,....,IAC :CA p ATTEST' --1'1 << 4' /./;I(,/,~/>/~t/ bty Clerk / APPROVED AS TO FORM: J ;t~ ;t~ {'..J!.jZ~-\ (__ Office of the City Attorney jl \{ 'GROL!PS\,,1 TIOR.."'EY.cO:-'~{_RES\AS\;...~AL\n.\AC IGA CITY OF WESTMINSTER STATE OF COLORADO BYW~~ Name & Title. Date 18 ATTEST: Tt-W APPROVED AS TO FOR1\1. , ,/ I I \ 1 / -; II }t,'L- 1..1 (L-" I I To\vn Attorney ~l ,GitOL'PS'.,A TTOR.....EY',CO\.t\1_RES\,.l..."I\.iAL\n.1AC IGA TOWN OF MORRISON STATE OF COLORADO By Name & Title: Date l1. - 16 --trL A ITEST Office of the City Attorney M.\GROUPS\A TTOR.......""EY\CO.\l\.1_ RES\A:-<I:.tAL \ TMAC.IGA. CITY OF EDGEWATER STATE OF COLORADO By C)L '~~7 "Name & Title. rn ~ Date./I-,,;(b -97 17