HomeMy WebLinkAbout20063180.tiff RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT CONCERNING FEES AND
SURCHARGES FOR SOLID WASTE DISPOSAL SITES AND AUTHORIZE CHAIR TO
SIGN - TOWN OF ERIE
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 between
the County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, and the Town of Erie, P.O. Box 750, Erie, Colorado 80516, commencing
June 1, 2006, 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 between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, and the Town of
Erie 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 20th day of November, A.D., 2006, nunc pro tunc June 1, 2006.
BOARD OF COUNTY COMMISSIONERS
Ate; La�� WELD COU , COLORADO
ATTEST: LH
`.-
'186l if 1 ik.2q M. J. 'le, Chair
Weld County Clerk to th Bo -- h_ /
; ' David . Long, Pro-Tem
BY: a A .�o��.�►
Dep t Clerk the Bard
m Jerke In
APPROVED AS TO FORM: & �V4
Robert Masden
oun Attorn
Glenn Vaad
Date of signature:
l I
2006-3180
BC0036
C C: t /t es-t0 / 1-02-9—ac,
INTERGOVERNMENTAL AGREEMENT
THIS INTERGOVERNMENTAL ERGOVERNMENTAL AGREEMENT ("Agreement") is made and entered
into as of A Z'akttibct ,fit, , 2006 by and between the BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF WELD, State of Colorado (hereinafter the
"COUNTY"), and the TOWN OF ERIE, COLORADO, a Colorado municipal corporation
(hereinafter the"TOWN").
RECITALS
WHEREAS, In Title 29, Article 20, Colorado Revised Statutes, the General Assembly
of the State of Colorado has granted broad authority to local governments to plan for and
regulate the development and use of land within their respective jurisdictions; and,
WHEREAS, In said Title 29, Article 20, Colorado Revised Statutes, the General
Assembly has further authorized and encouraged local governments to cooperate and contract
with each other for the purpose of planning and regulating the development of land by the joint
and coordinated exercise of planning and zoning, and related regulatory powers; and,
WHEREAS, Joint and coordinated exercise by the COUNTY and TOWN of their
respective planning, zoning, subdivision, and related regulatory powers in such areas will best
promote the objectives stated in this Agreement; and,
WHEREAS, C.R.S. § 29-1-203 and § 29-20-105(h) authorize agreement to provide
functions, services or facilities authorized to each including the joint exercise of said functions as
well as the sharing of costs and revenues; and,
WHEREAS, COUNTY exercises governmental authority regulating land use, growth,
solid waste facility siting, hazardous material disposal and development in its unincorporated
areas, which areas include lands outside the corporate limits of Erie; and,
WHEREAS, TOWN exercises governmental authority over the same matters within its
municipal boundaries, and annexations, and is able to provide municipal services and facilities
for efficient and desirable urban development; and,
WHEREAS, COUNTY imposes a Solid Waste Management Surcharge in the amount
of 10% on all disposal fees received by any operator operating a solid waste disposal site within
the County of Weld, pursuant to Article 3, "Solid Waste Management Surcharge," Section 5, et
seq., of the Weld County Code and pursuant to Section 16-11 of the Weld County Home Rule
Charter("County Surcharge"); and,
WHEREAS, TOWN imposes a Solid Waste Management Service Charge in the amount
of 10% to be collected from users of solid waste disposal sites, facilities and transfer stations
within the corporate limits of the Town pursuant to Title 2, "Revenue and Finance," Section 2,
"Solid Waste Management Service Charge," of the Erie Municipal Code and in accordance with
C.R.S. § 30-20-115 ("Town Fee"); and,
1 2006-3180
WHEREAS, COUNTY and TOWN previously entered into an Intergovernmental
Agreement Regarding Solid Waste Disposal Sites dated June 3, 1996 (hereinafter the "1996
IGA"), which 1996 IGA provided for certain purposes, objectives and implementation on behalf
of both COUNTY and TOWN, and provided for solid waste revenue distribution by COUNTY
and TOWN to achieve said implementation; and,
WHEREAS, Upon adoption of the Town Fee TOWN terminated the 1996 1GA
pursuant to a Notice of Intent Not to Renew, Notice of Termination, dated November 30, 2005,
which Notice of Intent Not to Renew, Notice of Termination did terminate the 1996 IGA as of
June 2, 2006; and,
WHEREAS, COUNTY and TOWN now wish to clarify herein the status of the
respective solid waste disposal sites fees and surcharges imposed by COUNTY and TOWN and
to clarify which solid waste disposal sites fees and surcharges shall be charged to landfills, solid
waste disposal sites, facilities and transfer stations located entirely within the corporate limits of
TOWN; and,
WHEREAS, COUNTY and TOWN now wish to set forth a new agreement addressing
the fees and surcharges applicable to solid waste disposal sites located within the corporate limits
of TOWN and the TOWN's contribution in support of the COUNTY services in providing the
household hazardous waste disposal facility located in Dacono and used by the citizens of
TOWN ("County Services").
NOW, THEREFORE, for and in consideration of the mutual promises and undertakings
herein set forth, the parties hereto agree as follows:
1, Termination of 1996 IGA. COUNTY and TOWN acknowledge and agree that
the 1996 [GA was terminated effective as of June 1, 2006. This Agreement shall succeed and
replace the 1996 IGA.
2. Effective Date. The effective date of this Agreement shall be June 1, 2006
("Effective Date").
3. County Surcharge. COUNTY and TOWN acknowledge and agree that the
County Surcharge shall not be applied to landfills, solid waste disposal sites, facilities and
transfer stations located entirely within the corporate limits of TOWN, and that COUNTY shall
not impose the County Surcharge, or any amendment or revision of the County Surcharge, within
the corporate limits of TOWN. This agreement and the limitation contained herein shall in no
way affect the ability of COUNTY to impose and collect the County Surcharge in areas of Weld
County located outside of the corporate limits of TOWN.
4. TOWN's Contribution Toward County Services. TOWN recognizes the benefit
to its citizens provided by COUNTY in providing the County Services. In furtherance of the
benefits received by the citizens of TOWN by the County Services, TOWN will pay to
COUNTY a yearly contribution in the amount of $6,700.00 for the support of the County
Services ("County Services Contribution"). The payment of the County Services Contribution
shall be made by TOWN to COUNTY on a yearly basis, in advance, payable on the first day of
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January of each calendar year, beginning on January 1, 2007, subject only to those appropriation
requirements as set forth in Paragraph 6., below. TOWN shall pay to COUNTY one-half of the
County Services Contribution for the current year, 2006, with said payment being due and
payable upon the execution of this Agreement. The obligation of the TOWN to make such
County Services Contribution payment as required herein shall terminate on December 31, 2016,
unless renewed or extended by the mutual written agreement of the parties hereto.
5. Annual Notice; Report. COUNTY shall provide notice to the citizens of TOWN
of the nature, location, hours of operation and items accepted by the household hazardous waste
disposal facility located in Dacono a minimum of once annually. The method of such notice
shall be at the option of COUNTY, but shall at a minimum consist of publication in a newspaper
of general circulation within the TOWN. COUNTY shall make reasonable efforts to determine
how many citizens of TOWN use the household hazardous waste disposal facility located in
Dacono and shall report such information to the TOWN on a quarterly or annual basis.
6. Agreement Subject to Annual Appropriation.
A. The parties hereto understand and agree that sufficient amounts have been
budgeted for the County Services Contribution required pursuant to this Agreement for the
current fiscal year ending December 31, 2006. This is a full and lawful appropriation as required
by appropriate statute for this payment. In the event that the TOWN fails to appropriate
sufficient funds to cover any County Services Contribution which may become due for the fiscal
year beginning January 1, 2007, then, and in that event, this Agreement shall immediately
terminate as of December 31, 2006, without further action of any party. The TOWN shall
provide notice to COUNTY prior to December 31, 2006, as to whether an appropriation has been
made for County Services Contributions anticipated following December 31, 2007.
B. The amount of money appropriated by the TOWN is equal to or in excess
of the Agreement amounts due herein for the current fiscal year.
7. Term. This Agreement shall commence on the Effective Date and shall remain
in full force and effect for so long as landfills, solid waste disposal sites, facilities and/or transfer
stations are located within the corporate limits of TOWN.
8. Termination of Escrow/Tolling Agreement. COUNTY and TOWN, along with
Republic Services of Colorado, I, LLC ("Republic"), entered into an Escrow/Tolling Agreement
in July of 2006, wherein the three parties agreed to permit Republic to escrow the 10% surcharge
fee Republic collected at the Front Range Landfill located in Erie, Colorado ("Escrowed
Funds"), pending the resolution by COUNTY and TOWN, of issues relating to the surcharge fee
and applicability of COUNTY fees to landfills in TOWN ("Escrow/Tolling Agreement").
COUNTY and TOWN, by entering into this Agreement, have resolved those issues. This
Agreement shall serve as the written settlement agreement between the parties referenced in the
Escrow/Tolling Agreement. COUNTY and TOWN agree that the Escrow/Tolling Agreement
shall be terminated, and that the Escrowed Funds shall be disbursed to the TOWN.
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9. Miscellaneous Provisions.
A. Severability. Should any one or more of the provisions of this Agreement
be judicially adjudged invalid or unenforceable, such judgment shall not affect, impair or
invalidate the remaining provisions of this Agreement, except the intention being that the various
sections and paragraphs are severable.
B. No Waiver. In no event shall any performance hereunder constitute or be
construed to be a waiver by any party of any breach of covenant or failure of condition or of any
default which may then exist. The rendering of any such performance when any such breach,
failure or default exist shall in no way impair or prejudice any right or remedy available with
respect to such breach, failure or default. Further, no ascent, express or implied, to any breach or
failure of any one or more covenants, provisions or conditions of the Agreement shall be deemed
to be a waiver of any other default or breach or failure, except as expressly provided herein.
C. Enforcement. Either party may seek specific performance or enforcement
or this Agreement in a Court of competent jurisdiction, but neither party shall have any claim or
remedy for damages arising from an allege breach hereof against the other, nor shall this
Agreement confer on either party additional standing to contest a land use decision or action of
the other except as a breach of this Agreement. This Agreement is not intended to modify the
standings the parties may possess independent of this Agreement. This Agreement is between the
TOWN and the COUNTY and no third party rights or beneficiaries exist or are created hereby.
D. Governing Law; Venue. This Agreement shall be governed by and
construed in accordance with the laws of the state of Colorado. Venue for any legal action
relating to this Agreement shall lie in the District Court in and for the County of Weld, Colorado.
E. Notices. All notices provided for herein shall be in writing and shall be
either personally delivered or mailed by certified United States mail, postage prepaid, return
receipt requested, to the parties at the addresses given below or at such other addresses that may
be specified by written notice in accordance with this paragraph.
If to the Town: Town Administrator
Town of Erie
P.O. Box 750
Erie, Colorado 80516
With a copy (which shall not
constitute notice)to: Mark R. Shapiro
Mark R. Shapiro, P.C.
1650 38th Street, Suite 103
Boulder, Colorado 80301
If to the County: Board of County Commissioners
County of Weld
P.O. Box 758
Greeley, Colorado 80632
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With a copy (which shall not
constitute notice) to: Bruce T. Barker
Weld County Attorney
Weld County Attorney's Office
P.O. Box 758
Greeley, Colorado 80632
Notices personally delivered shall be effective upon delivery. Mailed notices shall be effective
three (3)business days after mailing.
F. Amendment. This Agreement shall be amended only be express written
agreement of both parties. The procedure used for consideration and approval of the original
Agreement by each parties shall be followed in the course of any amendments to this Agreement.
G. Paragraph Headings. The paragraph are inserted herein only as a matter of
convenience and for reference and in no way are intended to be a part of this Agreement or to
define, limit, or describe the scope or intent of this Agreement or the particular paragraphs hereof
to which the refer.
H. Assignment. Neither party shall assign its rights under this Agreement.
This Agreement, and the terms, covenants and conditions herein contained, shall inure to the
benefit of and be binding upon the representatives and successors of each of the parties hereto.
I. Attorney's Fees. In the event of litigation arising out of this Agreement,
the Court shall award to the prevailing party its reasonable attorney's fees and costs of litigation
in addition to any other relief granted.
J. Agreement Subject to Annual Appropriation. The parties hereto
understand and agree that sufficient amounts have been budgeted for compensation and payment
set forth in this Agreement for the current fiscal year. This is a full and lawful appropriation as
required by appropriate statute. In the event that the Town fails to appropriate sufficient funds to
cover any compensation or fees which may become due for any future fiscal year then, and in
that event, this Agreement shall immediately terminate as of December 3l s` of the prior year,
without further action of any party.
K. Entire Agreement. This Agreement shall constitute the entire agreement
between the parties hereto and shall supersede all prior contracts, intergovernmental agreements,
proposals, representations, negotiations and letters of intent, whether written or oral, between the
parties pertaining to the subjects and agreements contained herein.
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IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day
and year first above written.
TOWN:
TOWN OF ERIE,
a Colorado municipal corporation ' of
By ,,l, AI, _.
An w J. I'Gioore, Mayor \a
4. 1Ofi r',•
ATTEST:
By:
N cy Par ,T wn Clerk
COUNTY:
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
By: talee/
M. . a e, hair, Board of County 11/20/2006
Commissioners of the County of Weld
ATTEST:
By:
Donald D. W of
County Comm t.io C of Weld
BY:
D ty Cl•
6
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November 15, 2006 � 7 x EMAL t,,:'t11r,�,v U CI el le Q,n,
N ch+nr \‘‘‘\k crieai._ov
Mr. Donald D. Warden
Clerk to the Board of County Commissioners
Of the County of Weld
915 10`" Street
P.O. Box 758
Greeley, CO 80632
Re: Landfill Inspection/Services Agreement
Intergovernmental Agreement for Solid Waste Disposal Sites
Dear Mr. Warden:
Attached are two signed copies of the above captioned agreements. We would appreciate
your obtaining the necessary signatures for the County and returning one original of each
agreement to the attention of the Town Clerk.
Please do not hesitate to contact me if there are any questions or concerns. Thank you for
your assistance.
Sincerely,
ilcy J. er
Town Clerk
Encl.
(,4S lb )"n,u k • PO. nov 750 • Eric (viola&u. Kos 16 • Phone(303)926-2700• RR 1303) 926-2705
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