HomeMy WebLinkAbout800511.tiff RESOLUTION
RE: APPROVAL OF AMENDED AGREEMENT BETWEEN THE CITY OF GREELEY
AND WELD COUNTY CONCERNING INSPECTION FEES
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, an agreement dated May 7, 1980 betweeh the City
of Greeley and Weld County concerning inspection fees has been
presented to the Board of County Commissioners for approval,
and
WHEREAS, the aforementioned agreement has been amended
from the previous agreement executed by the Board of County Com-
missioners, said amendment being the addition of a new paragraph
7 which reads as follows:
"7 . Although the County and City agree that
each will issue the building permit for
its construction projects within the
other' s jurisdiction, it is agreed that
the party issuing the permit shall sub-
mit its development plans to the inspec-
tion department of the other party prior
to the commencement of any project. For
the purposes of this agreement, 'develop-
ment plans ' shall include building
drawings, site plans, drainage reports,
soils reports, and similar documents
required by ordinances or regulations
of the party within whose jurisdiction
the project is to be considered. "
WHEREAS, the Board of County Commissioners deems it advisable
to approve the amended agreement.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the agreement between the
City of Greeley and Weld County concerning inspection fees, as
hereinabove mentioned, be, and hereby is, approved.
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The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 18th day of
June, A.D. , 1980.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CQLORADO
(Aye)
C. W. Kir y, C airman
(ABSENT)
eonard L. Roe, Pro-Tem
6,4 (Aye)
Norman
�,Carlson
/�
di aCa s/Cfs1/e (Aye)
un ar Ze‘Vy� n �j ne K. inmark
ATTEST:
�, i Qp€AA1 u+tnI
Weld County glerk and Recorder
erk to the and
eputy Cou y Clerk
APPROVED TO .•
ounty Attorney
DATE PRESENTED: JUNE 23, 1980
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AGREEMENT
THIS AGREEMENT made this 7th day of May, 1980 by and
between the CITY OF GREELEY, a home rule city incorporated under
the laws of the State of Colorado, hereinafter referred to as
the "City" , and the COUNTY OF WELD, a home rule county and a
political subdivision of the State of Colorado, hereinafter
referred to as the "County" .
RECITALS
WHEREAS, the City has the power and authority to issue
building permits and planning and zoning permits for the juris-
dictional boundaries of the City of Greeley, and
WHEREAS, the County has the power and authority to issue
building permits and planning and zoning permits for the juris-
dictional boundaries of the County of Weld, excluding the
jurisdictional boundaries of incorporated municipalities, and
WHEREAS, both the City and County have the power and
authority to require payment for the issuance of such permits
to defray their costs, and
WHEREAS, both the City and the County each have, in the
past and will in the future, construction projects in the other's
respective jurisdiction, and
WHEREAS, both the City and the County feel that it would
save administrative costs if each entity would waive fees on
future construction for the other as these fees, in the future
as in the past, would be offset.
COVENANTS
NOW, THEREFORE, in consideration of the recitals, promises
and covenants herein set forth, and other good and valuable con-
sideration, the parties agree as follows :
1. The City and the County each agree to waive all
building permit fees for any construction project
desired by one party in the other party' s respective
jurisdiction.
2. For any construction project commenced by the County
within the City ' s jurisdictional boundaries, the
County shall be responsible for inspecting such
building construction with its own building inspectors
and in accordance with its own building inspec-
tion code.
3. In consideration of the City waiving building inspec-
tion fees, and permitting the County to inspect its
own building construction, and using its own building
code for such inspections, the County hereby speci-
fically agrees to indemnify and hold harmless the City,
its agents, employees, and officers from all claims,
demands, actions, judgments and executions, and
injuries to persons or property which may arise as
a result of the City not inspecting such building
construction.
4. For any construction project commenced by the City
within the County's jurisdictional boundaries, the
City shall be responsible for inspecting such building
construction with its own building inspectors and in
accordance with its own building inspection code.
5. In consideration of the County waiving building inspec-
tion fees, and permitting the City to inspect its
own building construction, and using its own building
code for such inspections, the City hereby specifi-
cally agrees to indemnify and hold harmless the County,
its agents, employees and officers from all claims,
demands, actions, judgments, executions, and injuries
to persons or property which may arise as a result
of the County not inspecting such building construction.
6. The County and the City each agree to waive all fees
for applications by the other under the respective
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party ' s land use, planning and zoning regulations
who has jurisdiction in the matter. However, each
party agrees to follow the land use, planning and
zoning regulations of the other party when
applicable, including review and hearing processes,
despite the fact that no fee will be required.
7. Although the County and City agree that each will
issue the building permit for its construction projects
within the other' s jurisdiction, it is agreed that
the party issuing the permit shall submit its devel-
opment plans to the inspection department of the
other party prior to the commencement of any
project . For the purposes of this agreement ,
"development plans" shall include building drawings,
site plans, drainage reports, soils reports, and
similar documents required by ordinances or
regulations of the party within whose jurisdiction
the project is to be constructed.
8. This agreement shall only include waiver of building
permit fees, land use , planning and zoning application
fees. It shall not include other applicable fees
presently charged by one party to the other, including
but not limited to, water and sewer tap fees charged
by the City.
9. It is the intention of the Parties that the benefits
and provisions of this agreement shall be extended
to include the Weld County General Hospital and the
Weld County Municipal Airport Authority, each of
whom, although separate legal entities, shall be
considered third party beneficiaries.
10. This• Agreement shall become effective on the day and
year first above written.
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AGREEMENT
ATTEST: ,,,,_ _7R- ' BOARD OF COUNTY COMMISSIONERS
Cdr✓ WELD COUNTY, COLORADO
Weld County Jerk and Recorder
and Clerk to the Board By A A,t.ti4l
Chairma
By.
ieputy ''arty Cler.
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_ P.OVE AS TO FORM:
G7
County Attorney
ATTEST: CITY OF G ELEY, COLORADO
By.
Cit k
rge 1, Mayor
Ci ttor
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