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HomeMy WebLinkAbout20112238 RESOLUTION RE: APPROVE AGREEMENT FOR CONDUCTING OF PILOT PROJECT AND AUTHORIZE CHAIR TO SIGN - NORTH WELD COUNTY WATER DISTRICT 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, the Board has been presented with an Agreement for the Conducting of a Pilot Project between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the North Weld County Water District, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement for the Conducting of a Pilot Project between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the North Weld County Water District be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of August, A.D., 2011. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST:�iL� '��� r Barbara Kirkmeyr, Chair Weld County Clerk to the Ira• (JJ „zt. ' Sean P. Conway, Pro-Tem BY: h is t • � / ,S�/�> Deputy rk to the U-14VIA` 0 '_., i- F. Garcia APPRO AS TO F - 2�� avid E. L uR rn y l boas Radem her Date of signature: CI --H 1 0A5 aruut 6 ec U� 9w k, 10.E N (A l f-Y U 2011-2238 I� -j I BC0042 AGREEMENT FOR CONDUCTING OF PILOT PROJECT NORTH WELD COUNTY WATER DISTRICT THIS AGREEMENT ("Agreement") is made and entered into this fi day of August. 2011, by and through the County of Weld, State of Colorado, acting through the Board of County Commissioners of Weld County ("County"), and North Weld County Water District ("NWCWD"), whose address is 32825 CR 39, Lucerne, CO 80646. WITNESSETH WHEREAS, as explained in its letter of July 8, 2011, attached hereto and referred to herein as Exhibit "A,"on real estate being more particularly described as Lot B of RE-3351, being part N2NE4 of Section 35, T8N, R66W of the 6th P.M., Weld County, Colorado (the "Property"), NWCWD proposes to conduct a pilot program to supply bulk water from fire hydrants to fill tank trucks for use in construction, oil and gas operations, agriculture, ranching, and/or other areas where bulk water is needed (the "Pilot Project"), to be laid out on the Property as shown on Exhibit"B," and WHEREAS, NWCWD, in its letter of Exhibit A, has provided adequate proof and justification for the conducting of the Pilot Project in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the foregoing, County consents to NWCWD conducting the Pilot Project on the Property, and NWCWD agrees to conduct the Pilot Project in accordance with the following terms and conditions: 1. The above recitals are incorporated herein by reference. 2. NWCWD shall submit to County evidence of compliance with all State regulations. 3. The Pilot Project shall be for a period of ninety (90) days. 4. NWCWD shall meet with adjacent land owners to discuss the Pilot Project and provide documentation evidencing such meetings. 5. Access to the Property must receive an approved access permit from County. 6. Road inspection by County and NWCWD personnel shall be performed prior to the commencement of the Pilot Project and at the completion of the ninety (90) days in order to establish the condition of the haul route and surrounding roadways to determine if any road damage was caused by the operation of the loading facility. 1 2011-2238 13 C 004/J. 7. NWCWD shall be responsible to excavate, repair, or patch any damage on the roadways so as to mitigate for heavy truck traffic volumes created by the loading facility. The type and method of repair will be determined by County. 8. Staging or parking trucks on the travel lanes of the adjacent public roads is prohibited. Nuisance conditions (mud, puddles on road) are to be prevented and cleaned up by NWCWD if they occur. 9. NWCWD shall submit to County a final and complete USR application at the end of the ninety (90) day period if NWCWD decides to place the activity of the Pilot Project on the Property permanently. If a USR application is filed and in the event the USR is not approved,NWCWD shall have six(6) months after final action to dismantle any infrastructure constructed for the Pilot Project and return the Property to its existing condition. 10. NWCWD shall comply with all of the promises and covenants set forth in its letter of Exhibit A. Signed this// day of August, 2011. ATTEST: "fie'""' COUNTY OF WELD, a political Weld County Clerk to the Board subdivision of the STATE OF COLORADO: By: B : A Deputy Cl rk to ® arbara Kirkmeyer Chairm Board of County ommissioners, AUG 1 72011 County of Weld Wei 11161tratt1/42 . °/ North Weld County Water District By: /00n, �G� 2 Title: t�?1�t1'tA �cAat3t� 2 &12//- BOARD OF DIRECTORS (4,c H it NORTH WELD COUNTY WATER DISTRICT CHARLES ACHZIGER 0 �C 32825 CR 39 • LUCERNE. CO 80646 RALPH PRIOR 2 Q DON POSSELT, DISTRICT MANAGER NELS NELSON n C GENE STILLE G CaflI 1'1 II ll .4c P.O. BOX 56 • PHONE(970)356-3020 • FAX(970)395-0997 ROBERT ARNBRECHT )1- �`y wArEC, r = www.nwcwd.org • e-mail: water@nwcwd.org Date: /J J 7/ This document provides evidence that I, e,In Di t 4i met with a representative of North Weld County Water District on the date listed above to discuss the Bulk Water Fill Station located on WCR 88 west of WCR 35. Homeowner: unKr c5/tU°,3 Address: ycOQf/CrL 1f/ iS 10/ ./e 4JL) It b3 )1 Signature of Homeowner. / JA/t//�� 4 Date: Of--' .1S-—N Signature of NWCWD representative: _SE...2_ Date: /S 2 `31' BOARD OF DIRECTORS O�,< H ANC NORTH WELD COUNTY WATER DISTRICT 32825 CR 39 • LUCERNE, CO 80646 CHARLES ACHZIGER C 0 RALPH PRIOR DON POSSELT, DISTRICT MANAGER NELS NELSON n 0 GENE STILLE G E t'kir° ,.5-" P.O. BOX 56 - PHONE(970)356-3020 • FAX(970)395-0997 ROBERT ARNBRECHT QTY War[ o�� www.nwcwd.org • e-mail: water©nwcwd.org Date: 8 ' IS' / I This document provides evidence that I, /W lk /cc' ,met with a representative of North Weld County Water District on the date listed✓ ve to discuss the Bulk Water Fill Station located on WCR 88 west of WCR 35. Homeowner. eik 4Q leaf Address: /65,6 W C72 oPo ne ere CO I6 Signature of Homeowner Date: Signature of NWCWD representative: Date: r- AS to'I BOARD OF DIRECTORS Off,` I4 W C NORTH WELD COUNTY WATER DISTRICT CHARLES ACHZIGER / \ 32825 CR 39 • LUCERNE, CO 80646 RALPH PRIOR Z / 1 Q DON POSSELT, DISTRICT MANAGER NELS NELSON n GENE STILLE % """°,',;'''° I P.O. BOX 56 • PHONE(970)356-3020 • FAX(970)395-0997 ROBERTARNBRECHT ''r wATE�p`c" www.nwcwd.org • e-mail: water@nwcwd.org 8.-- if,- 11 Date: This document provides evidence that I, Lapel &e tuck_ ,met with a representative of North Weld County Water District on the date listed above to discuss the Bulk Water Fill Station located on WCR 88 west of WCR 35. Homeowner: L 47 Got 11-5417 Address: in! 91e !An 3 1 r Pi Prce, Co Signature ofHomeo)wnerpin/ agar Date: -`S-ii Signature of NWCWD representative: tS t C Slii At (tifflarr-' Date: S/n Hello