HomeMy WebLinkAboutRESOLUTION 06-900 0
RESOLUTION 6-90
WHEREAS,the Town of Estes Park and the Estes Valley Public
Library District previously entered into an agreement dated as of
February 14,1989 wherein the Town agreed to provide certain
services and functions for the District;and
WHEREAS,Section 24—90—112(2)(a)and Section 24—90—112.5(2)
of the Colorado Library Law provides that the Treasurer of the
governmental unit in which a Library District is located shall be
the custodian of moneys for the Library District;and
WHEREAS,Section 24-90-112.5(2)(c)of the Colorado Library
Law provides that,if requested by the Board of Trustees of the
Library District,the Town as custodian of the District’s moneys,
may transfer money into the custody of the Board;and
WHEREAS,by Resolution adopted on February 5,1990,the
Library Board requested the Town to transfer money of the
District into the custody of the Board;and
WHEREAS,an agreement to accomplish this request and termi
nate the provisions of the agreement between the Town and the
Library dated as of February 14,1989 is attached hereto and
incorporated herein by this reference.
NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK,COLORADO:
1.The Agreement to Transfer Estes Valley Public Library
District moneys to the Estes Valley Public Library District
attached to this Resolution as Exhibit “A”is hereby approved.
2.The Mayor and Town Clerk are hereby authorized and
directed to execute said Agreement.
DATED this
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_________________,
19 96
TOWN OF ESTES PARK
ayor
ATTEST:
*Lo7J
Town Clerk
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n XHIBIT “A”
Resolution #6—90
AGREEMENT TO TRANSFER
ESTES VALLEY PUBLIC LIBRARY MONEYS TO
ESTES VALLEY PUBLIC LIBRARY
This Agreement,made this
_____
day of
___________
1990 by
the Town of Estes Park,Colorado (the “Town),and e Estes
Valley Public Library District (the “District”)
WITNESSETH:
WHEREAS,the Library was duly established in 1988 pursuant
to the provisions of Title 24,Article 90,Part 1,Colorado
Revised Statutes (the “Colorado Library Law”)pursuant to the
approval of a majority of the electors voting at an election held
on November 8,1988;and
WHEREAS,the Town and the District have previously entered
into an Agreement dated as of February 14,1989 (the “Town
Agreement”),wherein the Town agreed to provide for certain
services and functions to be performed by the Town for the
District;and
WHEREAS,Section 24—90—112(2)(a)and Section 24—90—112.5(2)
of the Colorado Library Law provide that the treasurer of the
governmental unit in which a library district is located shall be
the custodian of the moneys for the library district;and
WHEREAS,Section 24-90-112(2)(c)of the Colorado Library Law
provides that,if requested by the Board of Trustees of the
District (the “Board”),the treasurer designated as custodian of
the District’s moneys may transfer money into the custody of the
Board;and
WHEREAS,by resolution adopted on February 5,1990,the
Board has requested the Town transfer the money of the District
into the custody of the Board.
NOW THEREFORE,in consideration of the mutual covenants and
conditions contained herein,the parties agree as follows:
1.On or before April 1,1990,the Treasurer of the Town
shall transfer all moneys of the District now held by the
Treasurer to the Board.All moneys of the District which shall
hereafter come into the custody of the Town Treasurer shall
immediately be transferred to the District.
1-.i__j)El)1—..----,:.,00
a
On or before April 1,1990,the Treasurer of the Town shall
transfer to the District all moneys currently being held in the
Reserve for Library Building Fund.The District shall use such
money solely for the construction of a new library facility
adjacent to the east side of the Municipal Building.
2.The District shall obtain a corporate surety bond in the
amount of $
______
for the purpose of holding its moneys,in
accordance with Section 24-90-112(2)(c).
3.A.The Board shall keep,or cause to be kept,proper
books of record and account in which complete and accurate
entries shall be made of all transactions relating to the
District moneys.
B.On or before the last day of each month or as soon
as practicable thereafter,the Board shall submit to the Town
a statement of account for the preceding month setting forth the
amounts received and disbursed during such month.The District
shall provide all information reasonably required by the Town
to enable the Town to review the statements of account.
C.The Board shall annually cause an audit of the
District in conformance with the Colorado Local Government Audit
Law.Copies of said audit shall be provided to the Town and the
County upon completion of the audit.
4.The Town and the District agree that the Town Agreement
is terminated as of April 1,1990 and of no further force and
effect after such date.
5.This Agreement shall continue in force and effect until
modified by the written agreement of the parties hereto.
6.In the event any party defaults under the terms and
conditions of this Agreement,a non-defaulting party shall give
the defaulting party ten (10)days written notice of such
default.If the default is not cured within such 10 day period
any non—defaulting party may sue for specific performance and/or
damages.Also the non—defaulting party shall be entitled to all
reasonable attorneys fees and costs incurred by reason of said
default.
7.Any notice required to be given by the terms of this
Agreement shall be deemed to have been given by the deposit of
said notice in the United States mail,certified mail,return
receipt requested,addressed as follows:
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The Town:
Town Administrator
P.0.Box 1200
Estes Park,Co 80517
The Library:
Library Director
P.O.Box 1687
Estes Park,CO 80517
8.This Agreement represents the entire agreement between
the parties.The Agreement may be updated,modified,revised,
amended,renegotiated or cancelled at any time by mutual written
consent of the parties.
9.This Agreement shall be binding upon and inure to the
benefit of the parties hereto,their successors and assigns.
IN WITNESS WHEREOF,the parties hereto have hereunto set
their hands the day and year first above written.
TOWN OF ESTES PARK
By:____________________________________
Mayor
ATTEST:
Town Clerk
By:
ESTES VALLEY PUBLIC LIBRARY
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