The URL can be used to link to this page

Browse Search

Home My WebLink About20120777 RESOLUTION RE: ACTION OF THE BOARD CONCERNING RESCINDING DOCUMENT#2012-0293,DATED JANUARY 30, 2012, CONCERNING INTERGOVERNMENTAL AGREEMENT FOR PAYMENT OF BONUS AMOUNTS FOR CERTAIN REPORTED OIL AND GAS EMPLOYEES RESIDING WITHIN MUNICIPAL BOUNDARIES-TOWN OF NUNN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on January 30, 2012, by Consent Agenda, the Board approved an Intergovernmental Agreement for Payment of Bonus Amounts for Certain Reported Oil and Gas Employees Residing within Municipal Boundaries with the Town of Nunn, and WHEREAS, based on certain terms and conditions, the Town of Nunn now desires to withdraw from participating in the Agreement, and WHEREAS, on February 8, 2012, the Board deemed it advisable to continue the matter to March 7, 2012, then to March 14, 2012, then to March 21, 2012, at 9:00 a.m., in order to obtain documentation that the Town of Nunn has taken formal action on this matter, and WHEREAS, after review, the Board deems it advisable to rescind Document#2012-0293. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Intergovernmental Agreement for Payment of Bonus Amounts for Certain Reported Oil and Gas Employees Residing within Municipal Boundaries with the Town of Nunn, be, and hereby is, rescinded and Chair Conway's signature nullified. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of March, A.D., 2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Sean P. Conway, Chair Weld County Clerk to the Board EN EXCUSED "dCilliam F. Garcia, Pro- em BY: Deputy C e k to the Boar 36 :.." ara Kirkmeyer 'SW A APPROVE AS TQ-FORM: Op Jam` David E. Long my A rney �) � aY G ✓ LTouglas ademach r Date of signature: V-I a C 2012-0777 }- I3 - I BC0043 Aeon OF No, TOWN OF NUNN 185 LINCOLN AVENUE PO BOX 171 I3/43/41y**1 Tens lir NUNN,CO 80648 PHONE: (970)897-2385 FAx:(970)897-2540 March 19, 2012 Weld County Attention:fuec.Barker 1150 O Street P.O. Box 758 Greeley,CO 80648 Dear Mr. Barker, Please consider this correspondence as notification of Town of Nunn rescinding our previous INTERGOVERNMENTAL AGREEMENT FOR PAYMENT OF BONUS AMOUNTS FOR CERTAIN REPORTED OIL AND GAS EMPLOYEES RESIDING WITHIN MUNICIPAL BOUNDARIES, dated January 07i°,2012. We regret that at this time we are unable to ascertain the total amount of costs for this agreement as this is charged as percentage of results from the findings within the scope of services provided by Mr. Jerke. We are currently operating with a very conservative budget for this year and we need to be able to forecast every expense for the Town of Nunn. We apologize for the misunderstanding and inconvenience of rescinding this agreement. Sincerely, Cathy Pane,Town Clerk Tom Bender, Mayor 2012-0777 Esther Gesick From: Bruce Barker Sent: Wednesday, March 14, 2012 9:11 AM To: Commissioners; CTB Subject: FW: Need for Written Information Attachments: 20120724.pdf I sent this e-mail to Mayor Bender yesterday. I was hoping to hear from him this morning, but nothing so far. Bruce T. Barker, Esq. Weld County Attorney P.O. Box 758 1150"O" Street Greeley, CO 80632 (970)356-4000,ext.4390 Fax: (970) 352-0242 IP 1 Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is attorney privileged and confidential,or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Bruce Barker Sent: Tuesday, March 13, 2012 5:06 PM To: 'townofnunn.tbender@ezlink.com' Subject: Need for Written Information Mayor Bender: As you may recall, back in December, 2011, I sent to you as Mayor of Nunn a letter and agreement for the payment of amounts of mineral revenues that are generated by virtue of the work performed by former Commissioner Bill Jerke in identifying persons who reside within Nunn and work in the oil industry. Those identifications are forwarded by Mr. Jerke to the companies who employ the workers to then be reported by them to the State. Mineral revenues are then apportioned by the State and paid over to the various municipalities based on those numbers. The agreement is intended to have the municipalities share in the costs associated with the work performed by Mr.Jerke. I communicated with Clerk Annie Rehuret about the Town's desire not to continue with the agreement in spite of the fact that both the Town and the Board of County Commissioners had approved the same. Attached is a pdf that shows three documents: First is a proposed resolution for the Board of County Commissioners to rescind the agreement based upon Ms. Rehuret's statement to me. Second is an e-mail from me to our clerk's explaining my conversation with Ms. Rehuret. Third is the agreement that was approved by the Town Board, signed by you, and then approved and signed by the Board of County Commissioners. t The resolution was originally suppose to be heard by the Board weeks ago. They did not want to rescind the agreement until and unless that desire to rescind is confirmed by you in writing. Would you be able to respond to this e-mail to confirm that the Town Board wishes to rescind the agreement? I would appreciate your doing so before our Board meeting tomorrow morning at 9 a.m. Thank you. Please feel free to call me at (970) 356-4000, ext.4390, if you have any questions. Bruce T. Barker, Esq. Weld County Attorney P.O. Box 758 1150"O" Street Greeley,CO 80632 (970) 356-4000,ext.4390 Fax: (970) 352-0242 wito- .M Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 2 Esther Gesick From: Bruce Barker Sent: Thursday, February 02, 2012 4:04 PM To: Esther Gesick; Monica Mika; Don Warden; Barb Connolly Subject: Nunn Mineral Tax Agreement Attachments: 2012 Nunn Min Tax Agreement.docx; Exhibit A--Jerke 2012 Contract Base Allocation to Municipalities (2).xlsx You may recall that Nunn sent us their signed agreement with a check for$24.45. We returned the check to them, explaining that payment does not happen at this time. They had concluded that the $24.45 was all they had to pay, because "it said so on Exhibit A." I was on the phone a few minutes ago with Annie Rehurek,Town Clerk,trying to explain to her that Section 1 of the agreement requires payment of the$24.45, PLUS"the bonus amount for all reported oil and gas employees residing within their municipality in 2012 over the number of employees reported for their municipality for 2011." I also explained to her that the term "bonus amount" is 5%of the State of Colorado severance tax direct distribution payment per employee (maximum $50), and 5%of the federal mineral lease distribution per employee (maximum $50). She stated that Nunn does not have the money now. I told her that is OK, because according to Section 1, payment by Nunn does not have to be made to the County until "the end of the quarter when the Distributions are received," which would probably be September 30th. Annie informed me that Nunn will not be participating in this agreement and asked that we send back to her the original(s) so that she may"void them out." I told her we would do that. Esther: Could you send the original(s) back to Annie? Additionally, if it has already been approved on the Consent Agenda, we should have another Reso that explains Nunn is now, in fact, not going to participate. That way we will have a paper trail showing Nunn's intent. Bruce T. Barker, Esq. Weld County Attorney P.O. Box 758 1150"O" Street Greeley, CO 80632 (970) 356-4000,ext.4390 Fax: (970) 352-0242 ,M ` - Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 1 • INTERGOVERNMENTAL , GREEMENT FOR PAYMENT OF BONUS AMOUNTS FOR CERTAIN ,' POR ED OIL AND GAS EMPLOYEES RESIDING WITHIN UNICIPAL BOUNDARIES THIS INTE' .OVERNMENT L AGREEMENT is made and entered into effective as of the '7' da of 4 , ,_. �, , 2012, .D. between the COUNTY OF WELD, a political subdivision of '< - of C. orado ose address is 915 10th Street, P. O. Box 758, Greeley, CO 80632, . rein: er referred to as"Weld County," and the TOWN OF NUNN, a municipal corporati' of the state of Colorado, with address of 185 Lincoln Avenue, P.O. Box 171, Nunn, CO 81 .48, herein fter referred to as "Municipality." WITNESS TH: WHERE S, t o ado Department of Local Affairs ("DOLA") distributes revenue derived from a er y and min I extractio statewide, with revenues coming from State Severance Tax ec • is and Federal ineral L ase on-bonus payments, and WHEREAS, on ctober 26, 2011, the oard of County Commissioners entered into an agreement with William ke to assist in ens 'ng that the maximum number of oil and gas employees residing within un rporated Wel County and the various municipalities within Weld County are reported to the S te of Colora o, and WHEREAS, generally, the te of a Bement with Mr. Jerke call for the payment of a base amount of $20,000 plus for all reporte oil and gas employees residing within Weld County over 2,045 (residing in unincorporated Id County), a bonus amount of 5% of the State of Colorado Severance Tax Direct Distribution pa ent per employee ( aximum $50), and 5% of the Federal Mineral Lease Distribution per emplo a (maximum $ , paid to Mr. Jerke upon the receipt of said State and Federal sums by the Co (said ' tributio being collectively referred to herein as "Distributions"), and WHEREAS, Municipality recognizes that it will benefit fl cial from the payment of the $20,000 by County, because the work performed by Mr. erke I most likely result in increased Distributions to it by DOLA, and WHEREAS, Municipality offers,through this IGA, to share i th ost of the ement with Mr. Jerke by paying a prorate share of the additional base of$1 0 (the incre se o he base from $10,000 to $20,000) dependent upon the municipalities percentage of e 2,045 employees counted in 2011 (as shown on the attached Exhibit"A"), plus the nus amount or all reported oil and gas employees residing within their municipality in 201 over the numb r of employees reported for their municipality for 2011, and WHEREAS, in accordance with Section 29-1-203, C.R.S., political sub ' • ' ns may cooperate or contract with one another to provide any function, service or facility lawfully authorized to each of the corporations or contracting entities. dOvvazi /lovenik (, LtauA(CtPit) 2012-0293 I-3o I -31 -Id ,deo6v3 r . WITNESSETH: NOW, TH '.' -i '. , '. consideration of the mutual promises and covenants contained herein, the parties hereto agree as . lows: 1. PAYMEN ' BY M ICIPALITY OF BONUS AMOUNTS FOR CERTAIN REPOR D OIL AND GAS EMPLOYEES RESIDING WITHIN MUNI'I'. . :OUNDARIES: Municipality agrees to pay to County a pror sh., e of the additional base of $10,000 (the increase of the base from $1 ,000 to 1,20,000) dependent upon the municipalities percentage of the 2,045 ployees ounted in 2011 (as shown on the attached Exhibit "A"), plus the bonus amp nt for eported oil and gas employees residing within their municipali in 012 o the number of employees reported for their municipali f 11. The to "bonus amount" shall be the amount of 5% of the State - f olora severance tax direct distribution payment per employee (maximu 0), and 5 of t fe 1 mineral lease distribution per employee (maximum $5 Payment sha be ma e by Municipality to County at the end of the quarter when t e Distributio s are received. 2. TERM: The term o this IGA shall r January 1, 2012, to and until December 31, 2012. 3. ENTIRE AGREEMENT: This wr ting constitutes the entire IGA between the parties hereto with respect to the su 'ect matter herein, and shall be binding upon said parties, their officers, employees, gents and signs and shall inure to the benefit of the respective survivors, heirs, person representatives, successors and assigns of said parties. 4. NO WAIVER OF IMMUNITY: No portion of thi A shall be deemed to constitute a waiver of any immunities the partie r t it officers or employees may possess, nor shall any portion of this IGA be dee ed to e created a duty of care which did not previously exist with respect to an erson not a party to this IGA. 5. NO THIRD PARTY BENEFICIARY ENFORCEME T: I is ex ressly understood and agreed that the enforcement of the terms d onditions f this IGA, and all rights of action relating to such enforceme shall be strictly reserved to the undersigned parties and nothing in this IGA sh giv or allow any claim or right of action whatsoever by any other person not included in this IGA. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this IGA shall be an incidental beneficiary only. Signed b the partie this day of , 2012. ATT . " COUNTY OF WELD, a political W• d C unty Clerk to the B s j.A r?%subdivision of the �° d ate ofColorado 1/42 By: • Z , ; De Duty C lrk t he : •: :' Sean P. Conway, Chairman Q U � Board of County Commissio the County of Weld JAN g p 2012 ATTEST: TOWN OF NUNN, a municipal corporation of the State of Colorado • By: L 0W Annie Rehurek, Town Cl k om Bender, Mayor ,2?o/a aa9� a • EXHIBIT "A" JERKE 2012 E ALLOCATION TO MUNICIPALITIES COLORAD EMPLOYEE RESID CY REPORT- NUMBER OF EMPLOYEES MUNCIPALITY Original Prorata Share of Total Share of 20 1 Percent $10,000 Base $10,000 Allocation $20,000 Base AULT 15 0.007335 $ - $ 73.35 $ 73.35 DACONO 21 0.010269 $ - $ 102.69 $ 102.69 EATON 35 0.017115 $ - $ 171.15 $ 171.15 ERIE 10 0.00489 $ - $ 48.90 $ 48.90 EVANS 286 0.139853 $ - $ 1,398.53 $ 1,398.53 FIRESTO E 7 0.008313 $ - $ 83.13 $ 83.13 FORT LUPTON 123 0.060147 $ - $ 601.47 $ 601,47 FREDERICK 24 0. 1736 $ - $ 117.36 $ 117.36 GARDEN CITY 5 0.002445 $ - $ 24.45 $ 24.45 GILCREST 0.010758 $ - $ 107.58 $ 107.58 GREELEY 733 0.35 35 $ - $ 3,584.35 $ 3,584.35 GROVER 1 0.00 489 - $ - 4.89 $ 4,89 HUDSON 15 0.007 35 $ - $ 73.35 $ 73.35 JOHNSTOWN 57 0.0278 3 $ - $ 278.73 $ 278.73 KEENSEBURG 14 0.00684 $ - $ 68.46 $ 68.46 KERSEY 32 0.015648 $ 156.48 $ 156.48 LA SALLE 38 01858 25-------9- $ 185.82 $ 185.82 LOCHBUIE 26 0.012714 $ - $ 127.14 $ 127.14 MEAD 9 0.004401 $ - $ 44.01 $ 44.01 MILLIKEN 43 0.021027 $ $ 210.27 $ 210.27 NUNN 5 0.002445 - $ ii $ 24.45 PIERCE 7 0.003423 $ - $ 34.23 $ 34.23 PLATTEVILLE 46 0.022494 $ $ 24.94 $ 224.94 RAYMER 0 0 $ - $ - $ - SEVERANCE 10 0.00489 $ - 48.90 $ 48.90 WINDSOR 49 0.023961 $ - $ 239.61 $ 239.61 BRIGHTON 0 0 $ - $ - $ - NORTHGLEN 0 0 $ - - $ - LONGMONT 0 0 $ - - - BERTHOUD 0 0 $ - - $ - UNINCORPORATED WELD COUNTY 402 0.196577 $ 10,000.00 $ 1,965.77 $ 11,965.77 TOTAL 2045 1 $ 10,000.00 $ 30, 0.00 $ 0,000.00 Hello