HomeMy WebLinkAbout20062349.tiff RESOLUTION
RE: APPROVE FIRST AMENDMENT TO THE ESTABLISHING CONTRACT FOR THE
NORTHWEST PARKWAY PUBLIC HIGHWAY AUTHORITY AND AUTHORIZE CHAIR TO
SIGN
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 approved an Establishing Contractforthe Northwest Parkway Public
Highway Authority between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County and the Cities of Broomfield and Lafayette on June 2,
1999, and
WHEREAS, the Board has been presented with a First Amendment to the Establishing
Contract for the Northwest Parkway Public Highway Authority between the County of Weld, State
of Colorado, by and through the Board of County Commissioners of Weld County, and the Cities
of Broomfield and Lafayette, with terms and conditions being as stated in said amendment, and
WHEREAS,after review,the Board deems it advisable to approve said amendment,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 First Amendment to the Establishing Contract for the Northwest
Parkway Public Highway Authority between the County of Weld,State of Colorado,by and through
the Board of County Commissioners of Weld County, and the Cities of Broomfield and Lafayette
be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said amendment.
2006-2349
BC0028
1 i' C4(-Ca)
FIRST AMENDMENT TO THE ESTABLISHING CONTRACT FOR THE NORTHWEST
PARKWAY PUBLIC HIGHWAY AUTHORITY
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 28th day of August, A.D., 2006.
BOARD OF COUNTY COMMISSIONERS
w /A WELD CO , COLORADO
ATTEST: ed, 4` Qd)�
r' Araz ile, Chair
Weld County Clerk to the o
aO; \S David E. Long, Pro-Tern
BY: C\)ALI*LP€'1
Dept Clerk t' the Board EXCUSED
Willi H Jerke
AP D AS TO F •
_
Robert D. Masde
ounty Attorney EXCUSED
Date of signature:
/0G Glenn Vaad
2006-2349
BC0028
FIRST AMENDMENT TO THE ESTABLISHING CONTRACT FOR THE NORTHWEST
PARKWAY PUBLIC HIGHWAY AUTHORITY
This FIRST AMENDMENT TO THE ESTABLISHING CONTRACT FOR THE NORTHWEST
PARKWAY PUBLIC HIGHWAY AUTHORITY ("the First Amendment") is made and entered
into as of this rag day of August, 2006, pursuant to Colo. Const. Art. XIV, Sec. 18(2), title 30,
C.R.S., title 31, C.R.S., appropriate municipal charter provisions, and part 5 of article 4, title 43,
C.R.S., by and between THE CITY AND COUNTY OF BROOMFIELD, a Colorado city and
county, THE COUNTY OF WELD, a body politic and corporate and political subdivision of the
State of Colorado, and the CITY OF LAFAYETTE, a Colorado municipal corporation (singularly
or collectively"the Governmental Unit(s)").
RECITALS
WHEREAS, the Colorado General Assembly has enacted the Public Highway Authority
Law in part 5 of article 4,title 43, C.R.S. ("the Act"); and
WHEREAS, it is the stated intention of the Colorado General Assembly that public
highway authorities be formed to finance, construct, operate, or maintain all or a portion of a
beltway or other transportation improvements in the Denver metropolitan region which, because of
the cost or the location thereof in the jurisdiction of more than one municipality or county, cannot
feasibly be financed, constructed, operated, or maintained by a municipality or county acting alone;
and
WHEREAS, a public highway authority denominated the "Northwest Parkway Public
Highway Authority" ("the Authority") was created by contract dated as of June 2, 1999 (the
`Establishing Contract"), by and between the City and County of Broomfield, Weld County and the
City of Lafayette, to finance, construct, operate or maintain the Northwest Parkway; and
WHEREAS, the Board of Directors of the Authority has requested that all Governmental
Units of the Authority approve this First Amendment to the Establishing Contract to clarify and
change certain provisions therein; and
WHEREAS, the execution of this First Amendment by the Governmental Units is
permitted by Colo. Const. Art. XIV, Sec. 18(2), and is essential to the continued economic growth
of the region, is in the public interest, and will promote the health, safety, and welfare of the
citizens of the Governmental Units and the public at large.
NOW, THEREFORE, in consideration of the mutual promises and benefits herein
expressed, and for other good and valuable consideration, the receipt and sufficiency of which is
hereby freely acknowledged, the Governmental Units hereby covenant and agree as follows:
2006-2349
COVENANTS AND AGREEMENTS
1. Amendment of Paragraph 14. Paragraph 14 of the Establishing Contract is hereby
amended to state as follows: "Subject to the provisions of this paragraph and without other
limitation of the powers of the Board established in law or this Establishing Contract, the Board
may at any time make such decisions as it deems appropriate in connection with the distribution,
disposition or division of assets of the Authority. Provided, however, in all cases, the fixed assets
of the Authority shall be distributed to the Governmental Unit in which the fixed assets are situated,
and fixed assets located in both a municipality and a county shall be distributed to the municipality,
and liquid assets net of any obligations of the Authority shall be distributed to each Government
Unit in proportion to the amount of participation fee made to the Authority by or on behalf of each
Governmental Unit."
2. Prior Provisions Effective. Except as specifically amended hereby, all the terms and
provisions of the Establishing Contract as amended shall remain in full force and effect.
3. Counterpart Execution. This First Amendment may be executed in several
counterparts, each of which shall be deemed an original, and all of which together shall constitute
one and the same instrument.
[Remainder of page left intentionally blank]
2
J)N�Y OF 4O CITY AND COUN F BROOMFIELD
(InAn,C eJ
wit n
S x !1. L � By:
5.% Title: Mayo
By: ( ./l.UA.c,dc) isligat 0110
Title: , p.w)er auk
STATE OF COLORADO )
) ss.
COUNTY OF ZRoomfi'&o( )
The foregoing instrument was acknowledged before me this oZQ.S day of.
2006,by gorPnn as inagde
as of The
City and County of Broomfield.
Witness my hand and official seal. PATRICIA KEGERREIS
NOTARY PUBLIC
STATE OF COLORADO
My commission expires: my catnn5iun Expires April 19, 21108
Notary Public
3
WELD COUNTY
e: Geile, Chair, Board of County
���� 1 1 "*kr it Commissioners
ATTEST: Clerk
��'�" f
p¢�v �' AUG 2 8 2006
Clerk to the Boar 'LI
r tt/
By: c. 12i1 Qll r (t',((L
Title: De ty Clerk to the Board
STATE OF COLORADO )
) ss.
COUNTY OF Weld )
The foregoing instrument was acknowledged before me this 28th day of.
Augsut ,2006,by M. J. Celle s ..:sChair, Board of Commissioners
•.......
NOTARY .
Witness my hand and official seal. • PUBLIC .'
Fca-
My commission expires: ... • ..
My rnmmission Expires May 15,2010
o ary ublic
4
„?coe-R.3Yy
CITY OF LAFAYETTE
By: �j
Title: (Y1c.cc,r ���///
ATTEST: �y pF tAFAV4?
,�pME RULE
•
Title: _c°.. '- ' • ,
.�FR000N . �It
STATE OF COLORADO )
ss.
COUNTY OF IOtw.\,:keC )
c The foregoing instrument was acknowledged before me this j day of
r , 2006, by C,hN.y10 One r �'. 3err as Cr\c,Aor
andl 5scx--• Kotker as G of the
City of Lafayette.
Witness my hand and official seal.
My commission expires: 1O Ica>) a>.»
00,14
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