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Home My WebLink About20253502 Resolution Approve Intergovernmental Agreement for Use of Weld County Oil and Gas Energy Department Staff to Assist with 1041 Oil and Gas Location Assessment Enforcement, and Authorize Chair to Sign — Town of Keenesburg 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 Intergovernmental Agreement for the Use of Weld County Oil and Gas Energy Department Staff to Assist with 1041 Oil and Gas Location Assessment Enforcement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Oil and Gas Energy, and the Town of Keenesburg, commencing upon full execution of signatures, 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 Intergovernmental Agreement for the Use of Weld County Oil and Gas Energy Department Staff to Assist with 1041 Oil and Gas Location Assessment Enforcement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Oil and Gas Energy, and the Town of Keenesburg, 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 Board of County Commissioners of Weld County, Colorado, approved the above and foregoing Resolution, on motion duly made and seconded, by the following vote on the 17th day of December, A.D., 2025: [Insert Resolution Attestation Block Post Meeting] 2025-3502 OG0002 BOARD OF COUNTY COMMISSIONERS PASS-AROUND REVIEW PASS-AROUND TITLE: Weld County-Oil and Gas IGA Keenesburg DEPARTMENT: OGED DATE: 12-10-25 PERSON REQUESTING: Brett A. Cavanagh Brief description of the problem/issue: Weld County and Keenesburg have agreed to execute an IGA for all future oil and gas development. This agreement is to update to our new template used with our jurisdictions. What options exist for the Board? Execute or not, see as a way to building stronger relationships and transparency. Consequences: none Impacts: very minimal increase to workloads. Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): no additional costs, all captured in WOGLA application fees. Recommendation: Please approve and execute Support Recommendation Schedule Place on BOCC Agenda Work Session Other/Comments: Perry L. Buck <-4) Scott K. James Jason S. Maxey -' 5. ' Lynette Peppier Kevin D. Ross 2025-3502 i _: i WOZ INTERGOVERNMENTAL AGREEMENT FOR USE OF WELD COUNTY OIL AND GAS ENERGY DEPARTMENT STAFF TO ASSIST WITH 1041 OIL AND GAS LOCATION A$SESSMENT ENFORCEMENT FOR THE TOWN OF KEENESBURG rh THIS AGREEMENT("Agreement")is made and entered into this I 1 day of Cecmbe✓ ,2025,by and between the TOWN OF KEENESBURG,COLORADO,a olorado municipal corporation,by and through its Town Board of Trustees with offices located at 91 W. Broadway Avenue, Keenesburg, Colorado 80643(hereinafter referred to as "Town")and COUNTY OF WELD,COLORADO,a Colorado home rule county,by and through the Board of County Commissioners for Weld County,with offices located at 1150 0 Street, Greeley, Colorado 80632(hereafter referred to as"County"). The Town and County are also referred to herein each as a"Party"and together as the"Parties." WITNESSETH WHEREAS, intergovernmental agreements to provide functions or services, including the sharing of costs of such services or functions, by political subdivisions of the State of Colorado,are specifically authorized by C.R.S. § 29-1-203,and other sections of the Colorado Revised Statutes; and WHEREAS,the Town of Keenesburg is in need of assistance with 1041 Oil and Gas Location Assessment regulations and hearings; and WHEREAS, Weld County has an established Oil and Gas Energy Department(hereinafter referred to as"OGED")that regularly enforces 1041 regulations and conducts 1041 hearings;and WHEREAS,Weld County is willing and able to share the services of its Oil and Gas Energy Department with the Town of Keenesburg,pursuant to the terms of this Agreement, in order to assist the Town of Keenesburg with 1041 regulations and hearings. NOW,THEREFORE, in consideration of the mutual promises and covenants expressed herein, Weld County and the Town of Keenesburg hereby agree as follows: 1. 5harine of County Oil and Gas Energy Department 1041 Services: The County agrees to have its OGED staff spend a portion of their time,as needed, assisting the Town with implementation of 1041 regulations including,but not limited to,processing 1041 Oil and Gas Location Assessment Applications(each an "Application"),conducting 1041 hearings on behalf of and in coordination with the Town, re-evaluating an Application or Final Order,re-hearing an Application in front of the OGED Hearing Officer,holding a suspension or revocation hearing,conducting regular or continuing inspections,and other enforcement activities. The County will review drainage reports submitted with well applications, ensure compliance with floodplain regulations, issue grading permits for oil and gas sites, and review for general land use conflicts. 2. Town's Development Review:The Town shall be responsible for ensuring all the Town's resolutions,ordinances,codes,regulations,agreements,or other enactments of the Town are adhered to by all parties who submit an Application to the County and the Town. In Page 1 of 5 addition,the Town shall be responsible for making the final determination of whether to approve, deny,or come to another decision for each Application submitted to the County and Town. The Town will be responsible for access permits, road maintenance agreements, right-of-way permits,transport permits, building permits, and review for general land use conflicts. 3. Cost and Reimbursement: a. Application Fees and Processing. The County's costs to provide OGED staff time and services on each Application in accordance with this Agreement shall be covered and defrayed by the applicant's payment of the County's 1041 application fee directly to the County, and the Town's costs for Application review services and staff time shall be covered and defrayed by the applicant's payment of the Town's application fee directly to the Town. b. Enforcement and Other Services. County and Town will each bear their own costs for enforcement activities, inspections, and other services related to regulation of approved 1041 permits. County and Town agree to cooperate as necessary to protect the health, safety, and welfare of the people in both Town and County in regards to Oil and Gas activities. 4. Term: The Agreement becomes effective upon signature of the County and the Town. The term of this Agreement shall be from the date of signature hereunder to and until December 31,2025,after which time this Agreement shall automatically renew from year to year, unless terminated sooner pursuant to the terms and conditions set forth in this Agreement. 5. Termination: This Agreement may be unilaterally terminated by any Party with or without cause by providing ninety (90) days'written notice to the other Party. 6. Assignment: No Party may assign this Agreement without prior written consent from the other Party. 7. Compliance with Laws: The County and the Town agree to comply with the applicable provisions of all federal, state,or local laws or ordinances and all lawful orders, rules,and regulations issued thereunder, and any provisions, representations or agreements,or contractual clauses required thereby to be included or incorporated by reference or operation of law in this Agreement. 8. Modification: This Agreement contains the entire Agreement and understanding between the Parties and hereby supersedes any other agreements concerning the subject matter of this transaction,whether oral or written No modification,amendment, novation, renewal,or other alteration of or to this Agreement shall be deemed valid or of any force or effect whatsoever,unless mutually agreed upon in writing by the Parties. No breach of any term,provision or clause of this Agreement shall be deemed waived or excused,unless such waiver of consent shall be in writing and signed by the Party claimed to have so waived or consented. Any consent by any Party to,or waiver of,a breach by the other, Page 2 of 5 whether express or implied,shall not constitute a consent,waiver of,or excuse for any other different or subsequent breach. 9. Governmental Immunity: No portion of this Agreement shall be deemed a waiver, express or implied,of any immunities,rights, benefits,protections,or other provisions which a Party,or its officers,employees,or agents,may possess pursuant to the Colorado Governmental Immunity Act, C.R.S. §§ 24-10-101 et seq.,as applicable now or hereafter amended. 10. $everability: If any section,subsection,paragraph, sentence,clause,or phrase of this Agreement is for any reason held or decided to be invalid or unconstitutional,such a decision shall not affect the validity of the remaining portions. The parties hereto declare that they would have entered into this Agreement and each and every section,subsection, paragraph,sentence,clause,and phrase thereof, irrespective of the fact that any one or more sections,subsections, paragraphs,sentences,clauses,or phrases might be declared to be unconstitutional or invalid. 11. Third Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned Parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other party not included in this Agreement. It is the express intention of the undersigned Parties that any entity other than the undersigned Parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 12. Parties'Relationship. The Parties to this Agreement intend that the relationship between them contemplated by this Agreement is that of independent entitles working in mutual cooperation. Employees, staff, and agents of any one Party hereto are not to be considered employees,staff,or agents of any other Party hereto for any purposes and said persons may not hold themselves out as employees or agents of any other Party hereto or otherwise make any representation or commitment on behalf of any other Party hereto. No Party shall be in any way required to provide any pecuniary benefits,salaries,wages,or fringe benefits to employees, staff,or agents of the other Party. 13. No Guarantee by Weld County: The Town acknowledges that although the goal of services to be performed by the OGED is to confirm compliance with all current 1041 regulations for all Applications,County makes no guarantee as to the effectiveness of such services in achieving such goal. 14. Notice: Any notice to be given under this Agreement shall either be hand delivered,with signed receipt,or mailed to the Party to be notified at the address set forth herein,with signed receipt, or by facsimile with confirmation, until such time as written notice of a change is received from the Party wishing to make a change of address. Any notice so mailed and any notice served by personal delivery shall be deemed delivered and effective upon receipt or upon attempted delivery. This method of notification shall be used in all instances, except for emergency situations when immediate notification to the Parties is required. Page 3 of 5 Any demand or notice to either Party may be given to the other Party by addressing the written notice to: County: Weld County Attn:Director,Oil&Gas Energy Department 1402 N 17th Avenue Greeley,CO 80631 Town: Town of Keenesburg, Colorado Attn: Town Manager 91 W. Broadway Ave Keenesburg, CO 80643 Entire Agreement: This writing constitutes the entire Intergovernmental Agreement between the Parties hereto with respect to the subject matter herein, and shall be binding upon said Parties,their officers, employees, agents,and assigns and shall inure to the benefit of the respective survivors,heirs,personal representatives, successors and assigns of said Parties. Signature page following Page 4 of 5 BOARD OF COUNTY COMMISSIONERS, WELD COUNTY, COLORADO Perry L. Buck, Chair DEC 1 7 2025 ATTEST: Weld County Clerk to the Board BY: Approved� as to Form: yy Weld County Attorney TOWN • - KEENESBU: , Ct VRADO Allif Fir J # 7fr' , .yor or A S . beta:i i lackston,Town Clerk,MMC Page 5 of 5 1c 5-3 z- TOWN OF KEENESBURG, COLORADO RESOLUTION NO.2025-74 A RESOLUTION REAFFIRMING APPROVAL OF AN UPDATED INTERGOVERNMENATL AGREEMENT WITH WELD COUNTY REGARDING OIL AND GAS WHEREAS, the Board of Trustees of the Town of Keenesburg, Colorado (the "Board"), pursuant to Colorado statute, is vested with the authority of administering the affairs of the Town of Keenesburg, Colorado (the"Town"); and WHEREAS, the previously entered into an Intergovernmental Agreement ("IGA") with Weld County ("Weld")regarding Oil and Gas,however, Weld and the Town desire to execute an updated IGA with the only revision being Weld will now collect an application fee from applicants rather than the Town doing so; and WHEREAS,in order to facilitate this change, Weld and the Town have drafted an updated IGA which was passed by the Board as Resolution 2025-42 in July of 2025,but was inadvertently not recorded; and WHEREAS,the Board desires to reaffirm its approval of the IGA and clarify and create a record of the process of the IGA review and approval with the approving of this Resolution reaffirming the passage of the IGA, which is nearly identical to the IGA passed by Resolution 2025-42. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF KEENESBURG,COLORADO,AS FOLLOWS: Section 1. The proposed IGA,attached hereto and incorporated herein as Exhibit A, is hereby approved subject to the conditions below, and the Mayor or their designee is hereby authorized and directed to execute the same. Section 2. The Mayor or their designee is hereby authorized and directed to negotiate and approve on behalf of the Town such revisions to the IGA as the Mayor or their designee determines are necessary or desirable for the protection of the Town,so long as the essential terms and conditions of the IGA are not altered. Section 3. Severability: If any Article, Section,paragraph, sentence, clause, or phrase of this Resolution is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this Resolution.The Board of Trustees declares that it would have passed this Resolution and each part or parts thereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 4. Repeal: Existing Resolutions or parts of Resolutions covering the same matters as embraced in this Resolution are hereby repealed and all Resolutions or parts of Resolutions inconsistent with the provisions of this Resolution are hereby repealed, except that this repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any Resolution hereby repealed prior to the taking effect of this Resolution. INTRODUCED, READ, AND ADOPTED AT A REGULAR MEETING OF THE BOARD OF TRUSTEES OF THE TOWN OF KEENESBURG ON THIS 17TH DAY OF NOVEMBER 2025. TOWN OF KEENESBURG, COLORADO B /�Ai/� Are jVr ATTEST: • da'Blackston, Town Clerk, MMC 2 Houstan Aragon From: Matthew Conroy Sent: Monday, December 15, 2025 1:29 PM To: Rusty Williams; Houstan Aragon; Bruce Barker; Karin McDougal; Adria Schiel; Byron Howell; Brett Cavanagh Cc: CTB Subject: RE: SIGNATURE REVIEW: IGA for Use of OGED Staff to Assist with 1041 WOGLA Enforcement with Town of Keenesburg Hi Houstan, This looks good from legal. Thanks, Matt Matt Conroy Assistant Weld County Attorney 1150 0 Street P.O. Box 758 Greeley, CO 80632 (970) 400-4393 41111100 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: Rusty Williams<rwilliams@weld.gov> Sent: Monday, December 15, 2025 1:24 PM To: Houstan Aragon <haragon@weld.gov>; Bruce Barker<bbarker@weld.gov>; Karin McDougal <kmcdougal@weld.gov>; Matthew Conroy<mconroy@weld.gov>; Adria Schiel <aschiel@weld.gov>; Byron Howell <bhowell@weld.gov>; Brett Cavanagh <bcavanagh@weld.gov> Cc: CTB <CTB@co.weld.co.us> Subject: RE: SIGNATURE REVIEW: IGA for Use of OGED Staff to Assist with 1041 WOGLA Enforcement with Town of Keenesburg Hi, Houstan. No issues for Finance. Thanks. 1 From: Houstan Aragon<haragon@weld.gov> Sent: Monday, December 15, 2025 11:37 AM To: Bruce Barker<bbarker@weld.gov>; Karin McDougal <kmcdougal@weld.gov>; Matthew Conroy <mconroy@weld.gov>;Adria Schiel <aschiel@weld.gov>; Byron Howell <bhowell@weld.gov>; Rusty Williams <rwilliams@weld.gov>; Brett Cavanagh<bcavanagh@weld.gov> Cc:CTB<CTB@co.weld.co.us> Subject: FW:SIGNATURE REVIEW: IGA for Use of OGED Staff to Assist with 1041 WOGLA Enforcement with Town of Keenesburg Good morning, Please review and advise as to placement on the Wednesday, December 17, 2025, Agenda. Please also remember to reply-all to this email. Thank you, wuwz-,4 COUNTY,CO Houstan Aragon Deputy Clerk to the Board Desk: 970-400-4224 P.O. Box 758, 1150 0 St., Greeley, CO 80632 015000 Join Our Team IMPORTANT: 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 privileged, 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: Houstan Aragon Sent:Thursday, December 11, 2025 8:50 AM To: Bruce Barker<bbarker@weld.gov>; Karin McDougal <kmcdougal@weld.gov>; Matthew Conroy <mconroy@weld.gov>;Adria Schiel <aschiel@weld.gov>; Byron Howell<bhowell@weld.gov>; Rusty Williams <rwilliams@weld.gov>; Brett Cavanagh<bcavanagh@weld.gov> Cc: CTB<CTB@co.weld.co.us> Subject: SIGNATURE REVIEW: IGA for Use of OGED Staff to Assist with 1041 WOGLA Enforcement with Town of Keenesburg Good morning, Please review and advise as to placement on the Wednesday, December 17, 2025, Agenda. Please also remember to reply-all to this email. Thank you, 2 Hello