An ordinance amending Ordinance No 127 relating to regulating dogs and providing penalties for the violation thereof.
Be it ordained by the Board of Trustees of the Town of Deer Trail, Colorado, that Section XII, Part B., shall be amended to read as follows:
Section XII: Impounding:
- Notice to Owner and Redemption. Not later than 2 days after the impounding of any dog, the owner shall be notified. If the owner of the dog is unknown, and the dog is unlicensed, Arapahoe County Animal Control shall be notified to take the dog to the county pound. Dogs impounded in Deer Trail may reclaimed upon payment of the license fee, if unpaid, and of all costs and charges incurred by the Town of Deer Trail for impounding and maintenance of said dog. The following charges shall be paid to the Town Clerk for impounding the dog:
- $20; for keeping the dog
- $10 per day
- $5 for giving a notice.
All ordinances or parts of ordinances in conflict or inconsistent with this ordinance are hereby repealed.
This ordinance shall take effect February 7, 1984.
Introduced, read, passed and ordered published this 7th day of February 1984.
Robert Rector, Mayor
Attest: Tam M. Intermill, Town Clerk
Amended by Ordinance 195
State of Colorado
County of Arapahoe) SS.
Town of Deer Trail
The Board of Trustee of the Town of Deer Trail Arapahoe County, Colorado, met in special session on August 23,1983, 7:04 p.m. at the Town Hall in the Town, in full conformity with the law and the ordinances and rules of the Town. Upon roll call, the following were found to be present, constituting a quorum:
Present:
Mayor: Robert Rector
Trustees: Everitt Davis, Loyd Wallace, Christina Tisserat, Hank Dille, Frank Hahn
Absent: Jack Malson
constituting all the members of the Board of Trustees
There were also present:
Town Clerk: Tam Intermill
Town Treasurer: Tam Intermill
Town Attorney:
Thereupon, the following proceedings, among others, were had and taken.
Trustee Hahn introduced a resolution, which resolution was thereupon read in full and which resolution is as follows:
Resolution transferring to Arapahoe County, Colorado the allocation of the Town of Deer Trail, Colorado under section 29-4-803 and Section 29-4-805 of Colorado revised statutes 1973, as amended, to finance mortgage loans to provide more adequate residential housing facilities for low- and middle-income families and persons within the county, including the town which is located within the county elsewhere within the State of Colorado; and authorizing the execution and delivery by the town of an allocation transfer agreement.
Whereas, the Town of Deer Trail, Colorado (the "Town") and Arapahoe County, Colorado (the "County") are each authorized by the County and Municipality Development Revenue Bond Act, constituting Article 3 of Title 29, Colorado Revised Statutes 1973, as amended (the "Project Act"), to finance, refinance, acquire, own, lease, improve and dispose of properties to the end that more adequate residential housing facilities for low- and middle-income families and persons may be provided, which promote the public health, welfare, safety, convenience and prosperity; and
Whereas, the Mortgage Subsidy Bond Tax Act of 1980, codified as Section 103A of the Internal Revenue Code of 1954, as amended (the "Federal Act"), restricts the amount of tax-exempt obligations which may be issued by the Colorado Housing Finance Authority and local governmental units in the State of Colorado (the "State") to finance single-family mortgages to an amount not exceeding the State ceiling; and
Whereas, the Federal Act authorizes the states to provide a formula for allocating the respective state ceilings among the governmental units in such states in a manner different from the federal allocation formula, and the State of Colorado has provided for such an alternate formula for allocation in Part 8 of Article 4 of Title 29 of Colorado Revised Statutes 1973, as amended (the "Allocation Act"); and
Whereas, the Allocation Act authorizes governmental units in the State to transfer all or a part of their allocations provided for in the Allocation Act to any other entity otherwise authorized to issue bonds to finance single-family mortgages and to accept transfers of such allocations; and
Whereas, the Town and the County deem it necessary and advisable that a program be made available for the origination and servicing of mortgage loans for residential housing facilities for low- and middle-income families and persons (the "Mortgage Loans") in order to increase the supply of money available for mortgages so that families and persons of low- and middle-income may finance the purchase of residential housing facilities at less than the prevailing market interest rate, thereby providing more adequate residential housing facilities for low- and middle-income families and persons within both the Town and the County and elsewhere within the State; and
Whereas, the Town desires to transfer to the County its allocation under Section 29-4-803 of the Allocation Act to finance Mortgage Loans to provide more adequate residential housing facilities for low- and middle-income families and persons within the County, including the Town, which is located within the County, and elsewhere within the State; and
Whereas, the Town desires to delegate to the County the authority to act on its behalf in the issuance of qualified mortgage bonds pursuant to the allocation granted under Section 29-4-805 of the Allocation Act and to transfer to the County its allocation under Section 29-4-805 of the Allocation Act to finance Mortgage Loans to provide more adequate residential housing facilities for low- and middle-income families and persons within the County, including the Town which is located within the County, and elsewhere within the State; and
Whereas, the County desires to accept such transfers and to finance Mortgage Loans to provide more adequate residential housing facilities for low- and middle-income families and persons within the County, including the Town, which is located within the County, and elsewhere within the State; and
Whereas, economies of time and expense will result from one governmental unit financing Mortgage Loans to provide more adequate residential housing facilities for low- and middle-income families and persons within both the Town and the County and elsewhere within the State; and
Whereas, it is necessary to evidence such transfers and the acceptance of such transfers by the Allocation Transfer Agreement attached hereto as Exhibit A (the "Allocation Transfer Agreement") which will be executed and delivered by the Town and the County.
Now, therefore, be it resolved by the Board of Trustees of the Town of Deer Trail, Colorado
Section 1.
In order to insure the financing of Mortgage Loans to provide more adequate residential housing facilities for low- and middle-income families and persons within the Town at the earliest possible date, which will promote the public health, welfare, safety, convenience and prosperity of the inhabitants of the Town, it is deemed necessary and advisable that the Allocation Transfer Agreement be approved, executed and delivered by and on behalf of the Town.
Section 2.
The form, terms and provisions of the Allocation Transfer Agreement hereby are approved, and the Mayor of the Town and the Town Clerk hereby are authorized and directed to execute and deliver the Allocation Transfer Agreement.
Section 3.
The Mayor and the Town Clerk hereby are authorized and directed to take such other steps or actions as may be required to carry out the terms and intent of this resolution and of the Allocation Transfer Agreement.
Section 4.
Nothing contained in this resolution or in the Allocation Transfer Agreement shall obligate the Town, except to the extent described in the Allocation Transfer Agreement, nor constitute the debt or indebtedness of the Town within the meaning of the Constitution or statutes of the State or the home rule charter of any political subdivision thereof, nor give rise to a pecuniary liability of the Town or a charge against its general credit or taxing powers.
Section 5.
If any section, paragraph, clause or provision of this resolution shall for any reason be held to be invalid or
unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this resolution.
Section 6.
All action (not inconsistent with the provisions of this resolution) heretofore taken by the Board of Trustees and the officers of the Town directed toward the authorization of the Allocation Transfer Agreement hereby is ratified, approved and confirmed.
Section 7.
This resolution shall be in full force and effect upon its passage and approval.
Passed, adopted, and approved this 23rd Day of August 1983.
Robert Rector, Mayor
Attest: Jam M Intermill
A motion to adopt the foregoing resolution was then duly made by Trustee Hahn and duly seconded by Trustee Dille.
The question being upon the passage and adoption of the resolution, the roll was called with the following result:
Those Voting Aye: Everitt Davis, Loyd Wallace, Christina Tissard, Mark Dille, Frank Hahn
Those Voting Nay: None
Those Absent: Jack Molson
Thereupon, the presiding officer declared the motion carried and the resolution duly passed and adopted.
After other action or business not related to the foregoing resolution, on motion duly made, seconded and adopted, the meeting thereupon adjourned.
Robert Rector, Mayor
Attest: Tam M Intermill, Town Clerk
State of Colorado
County of Arapahoe) SS.
Town of Deer Trail
I Tam M Intermill the duly qualified and acting Town Clerk of the Town of Deer Trail, Colorado (the "Town"), in the County of Arapahoe and State of Colorado, do hereby certify:
- The foregoing pages numbered -1- to -8-, inclusive, are a true, perfect and complete copy of the record of proceedings of the Board of Trustees of the Town had taken at a lawful meeting of the Board of Trustees held at the Town Hall Deer Trail, Colorado on August 23, 1983, at 7:04 p.m. as recorded in the regular official book of the proceedings of the Town kept in my office so far as the proceedings relate to the resolution therein set forth, the proceedings were duly had and taken as therein shown, the meeting therein shown was duly held, and the persons therein named were present at the meeting as therein shown.
- All members of the Board of Trustees were duly notified of the meeting, pursuant to law.
In witness whereof I have hereunto set my hand and affixed the seal of the Town this 23rd Day of August 1983.
Tam M Intermill
Allocation Transfer Agreement
This Allocation Transfer Agreement is between the Town of Deer Trail, Colorado (the "Town") and Arapahoe County, Colorado (the "County").
Witnesses:
I. Preliminary Statement.
Among the matters of mutual inducement which have resulted in the execution of this Allocation Transfer Agreement are the following:
- The Town and the County are each authorized by the County and Municipality Development Revenue Bond Act, constituting Article 3 of Title 29, Colorado Revised Statutes 1973, as amended (the "Project Act"), to finance, refinance, acquire, own, lease, improve and dispose of properties to the end that more adequate residential housing facilities for low- and middle-income families and persons may be provided, which promote the public health, welfare, safety, convenience and prosperity.
- The Mortgage Subsidy Bond Tax Act of 198u, codified as Section 103A of the Internal Revenue Code of 1954, as amended (the "Federal Act"), restricts the amount of tax-exempt obligations which may be issued by the Colorado Housing Finance Authority and local governmental units in the State of Colorado (the "State") to finance single-family mortgages to an amount not exceeding the State ceiling.
- The Federal Act authorizes the states to provide a formula for allocating the respective state ceilings among the governmental units in such states in a manner different from the federal allocation formula, and the State of Colorado has provided for such an alternate formula for allocation in Part 8 of Article 4 of Title 29 of Colorado Revised Statutes 1973, as amended (the "Allocation Act").
- The Allocation Act authorizes governmental units in the State to transfer all or part of their allocations provided for in the Allocation Act to any other entity otherwise authorized to issue bonds to finance single-family mortgages and to accept transfers of such allocations.
- It is deemed necessary and advisable by the Town and the County that a program be made available for the origination and servicing of mortgage loans for residential housing facilities for low- and middle-income families and persons (the "Mortgage Loans") in order to increase the supply of money available for mortgage loans so that families and persons of low- and middle-income may finance the purchase of residential housing facilities at less than the prevailing market interest rate, thereby providing more adequate residential housing facilities for low- and middle-income families and persons within both the Town and the County and elsewhere within the State.
- It is deemed necessary and advisable by the Town and the County that the origination and servicing of the Mortgage Loans be commenced at the earliest possible date.
- The Board of Trustees of the Town has indicated its willingness to transfer to the County the Town's allocation under Section 29-4-803 of the Allocation Act to finance Mortgage Loans to provide more adequate residential housing facilities for low- and middle-income families and persons within the County, including the Town, which is located within the County, and elsewhere within the State.
- The Board of Trustees of the Town has further indicated its willingness to delegate to the County the authority to act on its behalf in the issuance of qualified mortgage bonds pursuant to the allocation granted under Section 29-4-805 of the Allocation Act and to transfer the Town's allocation under Section 29-4-805 of the Allocation Act to finance Mortgage Loans to provide more adequate residential housing facilities for low- and middle-income families and persons within the County, including the Town which is located within the County, and elsewhere within the State.
- The Board of County Commissioners of the County has indicated its willingness to accept such transfers and delegation and to finance the Mortgage Loans to provide more adequate residential housing facilities for low- and middle-income families and persons within the County, including the Town, which is located within the County, and elsewhere within the State.
- Neither the execution and delivery of this Allocation Transfer Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Allocation Transfer Agreement conflicts with or results in a breach of any of the terms, conditions or provisions of any legal restriction or any agreement or instrument to which the' Town or the County is now a party or by which the Town or the County is bound, or constitutes a default under any of the foregoing.
II. Transfers by the Town. Pursuant to the Allocation
Act:
- The Town transfers to the County its allocation under Section 29-4-803 of the Allocation Act and under Section 29-4-805 of the Allocation Act and delegates to the County the authority to act on its behalf in the issuance of qualified mortgage bonds pursuant to the allocation granted under Section 29-4-805 of the Allocation Act, to provide more adequate residential housing facilities for low- and middle-income families and persons within the County, including the Town which is located within the County and elsewhere within the State, subject to the terms and conditions herein contained. The Town covenants that prior to January 1, 1984, it will not issue any bonds, notes or other securities under the Project Act to finance mortgage loans to provide more adequate residential housing facilities for low- and middle-income families or persons within the Town or transfer its allocation under Section 29-4-803 or Section 29-4-805 of the Allocation Act to another governmental unit to finance mortgage loans to provide more adequate residential housing facilities for low- and middle-income families and persons within the Town.
- The Town agrees that it will take such further action and adopt such further proceedings as may be required to implement the terms of this Allocation Transfer Agreement.
III. Acceptance of Transfers by the County. Pursuant to the Allocation Act:
- The County hereby accepts the transfers to it by the Town of the allocation of the Town under Section 29-4-803 and Section 29-4-805 of the Allocation Act, and hereby accepts the delegation by the Town of the authority to act on its behalf in the issuance of qualified mortgage bonds pursuant to the allocation granted under Section 29-4-805 of the Allocation Act, subject to the terms and conditions herein contained.
- The County agrees that it will use its best efforts to issue revenue bonds under the Project Act, in one or more series, to finance Mortgage Loans to provide more adequate residential housing facilities for low- and middle-income families and persons within the County, including the Town, which is located within the County, and elsewhere within the State.
- The County agrees that it will take such further action and adopt such further proceedings as may be required to implement the terms of this Allocation Transfer Agreement.
IV. General Provisions.
- This Allocation Transfer Agreement is hereby declared irrevocable during the term of the agreements to be entered into by the County and the financial institutions which will originate and service the Mortgage Loans, and this Allocation Transfer Agreement shall terminate upon the termination of such agreements.
- This Allocation Transfer Agreement shall automatically terminate on January 1, 1984, if the County has not prior to that date issued its revenue bonds under the Project Act for the purpose of financing Mortgage Loans to provide more adequate residential housing facilities for low- and middle-income families and persons within the County, including the Town which is located within the County, an
elsewhere within the State. - Nothing contained in this Allocation Transfer Agreement shall obligate the County to finance Mortgage Loans in any particular amount or to use any particular percentage of the proceeds of its revenue bonds to finance Mortgage Loans to provide more adequate residential housing facilities located in the Town, and the County is hereby authorized to finance only such Mortgage Loans as shall be agreed upon by the County and the financial institutions which will originate and service the Mortgage Loans.
- This Allocation Transfer Agreement shall not constitute the debt or indebtedness of the Town or the County within the meaning of the Constitution or statutes of the State or the home rule charter of any political subdivision thereof nor give rise to a pecuniary liability or a charge against the general credit or taxing powers of the Town or the County.
In Witness Whereof, the parties hereto have entered into this Allocation Transfer Agreement this 13th Day of August 1983.
Town of Deet Trail, Robert Rector
Attest: Tam M Intermill, Town Clerk
Arapahoe County Colorado by: Thomas Evertt, Chairman of the Board of County Commissioners