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HomeMy WebLinkAbout830624.tiff RESOLUTION RE: APPROVAL OF AGREEMENT TO PROVIDE ELECTRICAL INSPECTIONS BETWEEN THE CITY OF EVANS AND WELD COUNTY, COLORADO 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 City of Evans does not wish to provide its own electrical inspections and desires to use the services of the Weld County Building Inspections Department, and WHEREAS, an agreement for Weld County, Colorado to provide electrical inspections to the City of Evans has been presented to the Board of County Commissioners for their approval, and WHEREAS, after review and study of the agreement, the Board of County Commissioners deems it advisable to approve said agree- ment, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the agreement to provide electrical inspections between the City of Evans and Weld County, Colorado be, and hereby is, approved. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 2nd day of February, A.D. , 1983 . BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Clerk and Recorder and-Clerk to the BoarA Chuck Carlso , Chairman � ) KJ A/./1 y�o ...1�/R�l i/ ".- 7 %�j'// s>i Deputy Count/ Clerk J T. Martin, Pro-Tem ciPTROVED AS TO FO • Ce-inkt , rantnerr /J County Attorney Norman Carlson C.J cque • ne Jo n on PLO053 8304;24 DATE PRESENTED: February 7 , 1983 AGREEMENT TO PROVIDE ELECTRICAL INSPECTIONS THIS AGREEMENT made this 07 -M- day`o-F_ \ .'+f---4.4-21, , 19 C) , by and between the CITY OF EVANS , hereinafter referred to as the "City" and the COUNTY OF WELD, a political subdivision of the State of Colorado, herein- after referred to as the "County". WAS, the City does not desire to provide its own electrical inspections and wishes to use the services of the Weld County Building Inspections Department, and WHEREAS, in accordance with CRS 29-1-203, political subdivisions may cooperate or contract with one another to provide any function, service or facility lawfully authorized to each of the corporations or contracting units, and [SEAS, in order to set forth clearly the responsibilities, obligations, powers and rights of each of the parties, the City and the County hereby enter into this ACRE DENT. NOW, THEREFORE, in consideration of the recitals, promises and covenants herein set forth, and other good and valuable consideration herein receipted for, the parties agree as follows: 1. The City authorizes the County Building Inspection Department to make all required electrical inspections within the incorporated boundaries of the City based upon the City's Electrical Code. 2. The City shall advise the County of any of the substantive differ- ences between the electrical codes adopted by the City and the Weld County Building Code within thirty (30) days of the execution of this AGREEMENT. 3. In consideration of the County providing electrical inspections, the City shall pay to the County the same fee per permit as es- tablished by the Weld County Building Code and adopted by Weld County for the unincorporated areas of Weld County. The fees will be billed to the City on a monthly basis. Such bills must be paid to the County within thirty (30) days of receipt. 4. Any existing permits which have not been finaled within the City prior to the date of this AGREEMENT shall be inspected at the rate of $12.00 per cuupleted electrical inspections. The above fee will be billed to the City on a monthly basis. Such bills must be paid to the County within thirty (30) days of receipt. 5. The County, in addition to its inspec,Lion duties, shall investigate complaints of code violations when so directed by an administrative officer of the City or the City Council. The County shall have no further obligation to pursue administrative, criminal or civil reme- dies as against the violator except that the County inspectors shall be available for testimony in any proceedings regarding the violation. 6. County agrees to provide the City with 30 days notice of any proposed amendments to the Veld County Building Code and fee schedules. 7. The City shall not be liable for the direct payment of any salaries, wages, or other compensation to any personnel performing services here- in for said County. 8. The County agrees, at its own expense, to procure adequate insurance against and to indemnify, defend and hold the City harmless against any and all of the following types of claims: a. Claims by any County employee for compensation, fringe benefits of any kind whatever (including without limitation pension rights or payments, insurance of any kind, reimbursement of medical ex- penses, vacation pay, sick leave, or sick pay) or indemnification for tort claim damages or similar claims for damages (e.g. , Sec- tion 1983 Claims) . b. Claims by any other party for damages for any alleged unlawful act or omission, negligent or willful, on the part of any County employee acting pursuant to this AGREglENT. 9. The County or its employee shall not be deemed to assume any liability for intentional or negligent acts of said City or any officer, agent, or employee thereof, and the City agrees to indemnify and hold the County harmless for any and all claims arising out of such acts. 10. Either party to this AGREEMENT may cancel such AGREEMENT upon thirty (30) days written notice to the other party. If such termination does occur, all structures that have had inspections made but are not can- pleted at the time of termination may be cuupleted through final in- spection at the agreed fee rate if the City so requests and if the County agrees to do so. The City shall also pay all outstanding fees owed to the County within thirty (30) days of the notice of termina- tion. 11. This agreement shall simercede and render null and void any previous agreement for building inspection gArvices between Veld County and the City of Evans. 12. This AGREEMENT may be renewed annually by written notice fran one party to the other of an intent to renew. The failure of the other party to dissaffirm the renewal in writing within thirty (30) days shall be deemed consent to the renewal for an additional one year period. 13. All notices to the County pursuant to paragraphs 10 and 12 of this AGREIINP shall be sent certified or registered mail, return receipt requested, addressed to the Board of County Commissioners of Veld County, P. O. Box 758, Greeley, Colorado 80632. 14. All notices to the City, pursuant to paragraphs 6, 10, and 12, shall be sent certified or registerd mail, return receipt requested, addressed to: Irene Noyes, City Clerk P. O. Box 59 Evans, CO 80620 IN WITNESS WHERBDF, the City, by resolution duly adopted by its governing body, caused this AGREEMENT to be signed by its mayor and attested by its clerk, and the County of Weld, by the County Board of Commissioners has caused these presents to be subscribed by the Chairperson of said board and the seal of said board to be affixed thereto and attested by the clerk of said board, all on the day and year first above written. ° � BOARD OF COUNTY COMMISSIONERS ATTEST: l f } {i WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board BY: Deputy Coun rk Chairperson ATTEST: � CITY OF IS B RADO BY: `//7/2 -w'� BY: City Clerk yo • -3- 0 `� FftI 1)1 HOARDOF COUNTY COM' 1IS ,ION FRS 41, ' �1 ' ' PHONE (303) 3564000 EXT.200 i 1 -•-l�l P.O.BOX 758 r r ' - GREELEY,COLORADO 80631 " 2 June 9, 1982 1/4-i, !LiORJLDO Ms. Linda Martin Town Manager Town of Erie P.O. Box 100 Erie, Colorado 805116 Dear Ms. Martin: This letter is in response to your letter of May 26, 1982, addressed to Mr. John Martin, County Commissioner, regarding the rumor of discontinuing the requirements of building inspections. Please let me reassure you that the rumor or rumors you have heard are unfounded and not true. Weld County is not considering the discontinuation of the Building Inspection Program. Section 4-4 of the Weld County Home Rule Charter establishes the Depart- ment of Planning Services and further states that one of the responsibilities of the Department will be to direct and coordinate the activities of build- ing, electrical and plumbing inspections. A discontinuation of these services would require an amendment to or a repeal of the Home Rule Charter. The procedure to amend or repeal the Charter requires an election and a vote of the electors. I hope this information will be sufficient in addressing your concerns. Weld County shares some of your same concerns when it comes to public safety and the importance of making building inspections. If you have any additional questions or if I may be of any further assistance to you, please feel free to contact me. Sincerely yours, Norm Carlson County Commissioner Planning Coordinator NC:CC:rg c d / / & TOWN OF ERIE POLICE DEPARTMENT 645 HOLBROOK FIRE DEPARTMENT 828-3200 BOX 100 852 ERIE, COLORADO 8O516 31_� 828-3843 449-3085 wL;�•: '992 `1 May 26, 1982 Mr. John Martin County Commissioner Board of Co. Commissioners P. 0. Box 75$ Greeley, Co. $0516 Re: Building Inspections Dear Mr. Martin: It has recently been rumored that Weld County is considering discontinuing the requirement of building inspections. The Town of Erie would like for the Commissioners to give this matter careful consideration. As you are no doubt aware, the Town contracts with Weld Co. Building Dept. to do their inspections and feels that required inspections are of the utmost importance for the protection of the Town and its citizens. We feel inspections should also be continued in the unincorporated areas as well as municipalities. Discontinuance of inspections is most assuredly taking a step backwards in regard to public safety. Sincerely, t Linda Martin Town Manager LM/g s C„ : r.c 1 Hello