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HomeMy WebLinkAbout20061554 RESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT RELATIVE TO MUTUAL WAIVING OF BUILDING APPLICATION AND REVIEW FEES AND ALLOWING FOR SELF INSPECTION OF SUCH PROJECTS AND AUTHORIZE CHAIR TO SIGN-CITY OF FORT LUPTON 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 Relative to Mutual Waiving of Building Application and Review Fees and Allowing for Self Inspection of Such Projects between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the City of Fort Lupton, 130 S. McKinley, Fort Lupton, Colorado 80621, commencing upon full execution, 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 Relative to Mutual Waiving of Building Application and Review Fees and Allowing forSelf Inspection of Such Projects between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the City of Fort Lupton 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 12th day of June, A.D., 2006. BOARD OF UNTY COMMISSIONERS /I,\ ill ; WELD CO TY, COLORADO ATTEST: r III ;* -p: _� ms�'r+�•j �, M. J. ile, Chair Weld County Clerk to th=%:'. ti NZ Uhl:" David E. Long, Pro-Tem BY: � < De ty Cle to the Board i Willi Jer APP D AS T A �� Robert D. Masd n ty Attorney z QI� 7/31N00Glenn Vaa ��!!�) Date of signature: 2006-1554 BC0036 00 . rek-t-r_uC'roAl 07-17-06 INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF FORT LUPTON AND WELD COUNTY RELATIVE TO MUTUAL WAIVING OF BUILDING APPLICATION AND REVIEW FEES AND ALLOWING FOR SELF INSPECTION OF SUCH PROJECTS THIS AGREEMENT made this 23rd day of February, 2005, by and between the CITY OF FORT LUPTON, a statutory city incorporated under the laws of the State of Colorado, hereinafter referred to as the "City", whose address is 130 S. McKinley, Fort Lupton, CO 80621, and the COUNTY OF WELD, a home rule county and a political subdivision of the State of Colorado, hereinafter referred to as the "County", whose address is 915 10th Street, P. O. Box 758, Greeley, CO 80632. RECITALS WHEREAS, the City has the power and authority to issue building permits and planning and zoning permits for the jurisdictional boundaries of the City of Fort Lupton, and WHEREAS, the County has the power and authority to issue building permits and planning and zoning permits for the jurisdictional 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 building permit 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 consideration, 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 inspection code. 3. In consideration of the City waiving building inspection fees, the permitting the County to inspect its own building construction, and using its own building code for such inspections, the County hereby specifically agrees to indemnify and hold harmless the City, its agents, employees, and officers from all claims, demands, 2006-1554 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 inspection fees, and permitting the City to inspect its own building construction, and using its own building code for such inspections, the City hereby specifically 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 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 development 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 considered." 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. This Agreement shall become effective on the day and year first above written. ATTEST: OARD OF COUNTY COMMISSIONERS EL LD COUN , OLORADO Weld Count Clerk and Recorde Mad Clerk the t r� /fG 1161 r • B 7 '3 414 M. J. Geile, Chair JUN 1 Z0116y: , Ira cJ� L1i ( D uty r Ccerk to the Board "{ ' 020,6 -/557' ATTEST: CITY OF FORT LUPTON, COLORADO yeax,ea,ceti cia g avt Barbara Rodgers, City Clerk David Norcross, yor 2005-015 (REVISED) RESOLUTION NO. 2005-008 (Revised) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORT LUPTON APPROVING AN INTERGOVERNMENTAL AGREEMENT FOR THE MUTUAL WAIVER OF BUILDING APPLICATION AND REVIEW FEES AND THE PROVISION OF SELF BUILDING INSPECTION SERVICES WHEREAS, the City of Fort Lupton and Weld County are both Colorado governmental entities that provide building application review and building inspection services within their respective jurisdictions; and WHEREAS, approval of this proposed Intergovernmental Agreement would mutually waive building application fees for projects built within the jurisdiction of the other and allow for self inspection of such projects; and WHEREAS, the City and the County desire to cooperate in the construction of any future facilities to better serve the citizens of the City and the County; so. NOW THEREFORE BE IT RESOLVED that the City Council of Fort Lupton adopts Resolution 2005- 008, and hereby authorizes the Mayor to sign the attached Intergovernmental Agreement. ADOPTED BY THE FORT LUPTON CITY COUNCIL THIS 23T" DAY OF FEBRUARY 2005. City of Fort Lupton, Colorado S. David Norcross, ayor Approved as to form: Attest: —�✓a�'P��t -LACC2. T. William Wallace, City Attorney Barbara Rodgers, City Clerk AM 2005-015 Hello