HomeMy WebLinkAbout20023078.tiff RESOLUTION
RE: APPROVE AGREEMENT TO TERMINATE SOUTHWEST WELD SERVICE AREA
ROAD IMPACT FEE INTERGOVERNMENTAL AGREEMENT 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 has been presented with an Agreement to Terminate the
Southwest Weld Service Area Road Impact Fee Intergovernmental Agreement among the
County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, and the City of Longmont and Town of Frederick, said termination commencing
October 1, 2002, 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 Agreement to Terminate the Southwest Weld Service Area
Road Impact Fee Intergovernmental Agreement among the County of Weld, State of Colorado,
by and through the Board of County Commissioners of Weld County, and the City of Longmont
and Town of Frederick 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 27th day of November, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
�® / WELD COUNTY, OL DO
ATTEST:ate./ J �JiA //1-.f
'ear' Glenn Vaad, Chair
Weld County Clerk to e >O Qv
EXCUSED
J/J David E. Long, Pro-Tem
BY: lA!/ l °l .
Deputy Clerk to the Bo EXCUSED
M. J. Geile
APPROVED AS TO FORM: L 1
Iliam H. J rke
I
C m A.
y Attorney A ��
/a/ Robert D. Masden
Date of signature:
2002-3078
ORD 2002-11
Lo NC, mbND'. rktn, virt
912 '
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AGREEMENT TO TERMINATE SOUTHWEST WELD SERVICE AREA ROAD
IMPACT FEE INTERGOVERNMENTAL AGREEMENT
THIS AGREEMENT is made and entered into by and between the County of Weld, a
political subdivision of the State of Colorado, by and through the Board of County
Commissioners of the County of Weld, whose address is 915 10th Street, Greeley, Colorado
80631; the City of Longmont, a home-rule municipality of the State of Colorado, by and through
its City Council, whose address is 350 Kimbark Street, Longmont, Colorado 80501; and the
Town of Frederick, a municipal corporation of the State of Colorado, by and through its Town
Board of Trustees, whose address is 401 Locust Street, P.O. Box 435, Frederick, CO 80530. The
above listed governmental entities are referred to herein individually as "jurisdiction," and
collectively as "jurisdictions."
WITNESSETH:
WHEREAS, on February 14, 2000 (Weld County), May 17, 2000 (City of Longmont),
and October 14, 1999 (Town of Federick), the jurisdictions approved and executed the document
entitled, "Southwest Weld Service Area Road Impact Fee Intergovernmental Agreement,"
hereinafter referred to as the "IGA," and
WHEREAS,the jurisdictions now desire to terminate the IGA in accordance with the
terms stated herein.
NOW, THEREFORE, it is hereby agreed by and between the jurisdictions as follows:
1. Termination of IGA. The Southwest Weld Service Area Road Impact Fee
Intergovernmental Agreement ("IGA") is terminated as of October 1, 2002, hereinafter
referred to sa the "Date of Termination." The jurisdictions agree to waive the notice
requirements of Section 5.a. of the IGA in order to effectuate such termination.
2. Disbursement of Collected Road Impact Fees With Interest Still Being Held.
Notwithstanding the provisions of Section 5. of the IGA, road impact fees collected by
the jurisdictions, including interest and still being held as of the Date of Termination,
shall be disbursed according to the following calculation:
Road impact fees and interest still being held shall be disbursed to each jurisdiction by
taking the total amount of road impact fees collected by such jurisdiction, regardless of
benefit area, plus credited interest earned on the fees collected by such jurisdiction, less
amounts disbursed to date to such jurisdiction for projects located within the
jurisdiction's boundaries (an additional subtraction of$75,000 each shall be to Weld
County and Frederick for the Town of Firestone project contribution of$150,000 wherein
each jurisdiction agreed to pay one-half). The resulting disbursement is shown on the
attached Exhibit"A." The jurisdictions agree that the disbursement amounts shown on
Exhibit A shall be full and final settlement for the disbursement of the collected funds
with interest still being held.
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3038912 03/05/2003 12:22P Weld County, CO 2002-3078
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3. Continuation of Sections 8., 9., and 11. Of the IGA. The provisions of Sections 8., 9.,
and 11. Of the IGA shall continue beyond the Date of Termination.
4. Effective Date of this Agreement. The effective date of this Termination Agreement
shall be the Date of Termination, rather than the dates of signature hereunder.
5. Entire Agreement. The jurisdictions hereby agree that neither has made or authorized
any agreement with respect to the subject matter of this instrument other than expressly
set forth herein, and no oral representation, promise, or consideration different from the
terms herein contained shall be binding on either party, or its agents or employees, hereto.
This Termination Agreement embodies all agreements between the parties hereto and
there are no promises, terms, conditions, or obligations referring to the subject matter
whereof other than as contained herein.
SIGNED this 27thday of November . 2002.
ATTEST: a�, �D , ,w; COUNTY OF WELD, a body politic and
Li,
corporate of the STATE OF
IIv , a1,21 ,,,,t)
COLORADO
By:
Deputy Clerk to the 'i� ` 4� Glenn Vaad, Chairman oard of
=i I County Commissioners of the County
of Weld (11/27/2002)
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3036912 03/05/2003 12:22P Weld County, CO
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Page 2 of 4 Pages
O92- =x)79
SIGNED this 14tklay of January , 204
ATTEST: CITY OF LONGMONT, a home-rule
municipality of the STATE OF
f�rT COLORADO
J ;%j By:
Valeria Skitt, Longmont City rack, Mayor
APPROVED AS TO FORM
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1111111 11111 31111 11111I I 11111111 III 11111 III!1111
3038912 03/05/2003 12:22P Weld County, CO
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Page 3 of 4 Pages
NOV-12-2002 TUE 04:55 Ml WELD CO GOVT FAX NO. 9703520242 P. 05
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SIGNED this IS lkday of IJo . 2002.
ATTEST: TOWN OF FRI DERICK, a municipal
corporation of tl re STATE OF
COLORADO
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Siewbtrry, Town Clerketic
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3038912 0310512003 12:22P Weld Countv,
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Page 4 of 4 Pages
NOV-12-2002 TUE 04:55 PM WELD CO GOVT FAX NO. 9703520242 P. 06
Exhibit A
TRANSPORTATION IMPACT FEE - ACTI JAL
AREA#1 AREA#2 AF EA#3
7076 7077 "078 TOTAL
TOTAL 2000 THRU 9-3042
WELD DEPOSIT $656,177.19 $34,258.00 $ 111,113.95 $1,001,549.14
FREDERICK DEPOSIT $51,211.70 $377,055.11 $1, ;59,771.99 $1,988,038.80
LONGMONT DEPOSIT $0.00 $0.00 $0.00 $0.00
FREDERICK INTEREST $1,709.99 $13,116.31 651,450.92 $66,277.22
LONGMONT INTEREST $0.00 $0.00 $0.00 $0.00
WELD INTEREST $31,226.97 $1,466.08 621,459.46 $54,152.51
FREDERICK PRE-PAY $0.00 $0.00 629,905.73 $29,905.73,
TOTAL REVENUE $740,325.85 $425,895.50 $1,873,702.05 $3,139,923.40,
EXPENDITURES $1,018.00 $0.00 $364,582.60 $865,600.60,
NET $739,307.85 $425,895.50 $1,109,119.45 $2,274,322.80
FUNDS ALLOCATED $470,000.00 $236,000.00 1811,891.81$269 3O7 85 $159,895.50 1297,227.64 $1,517,891.81$756,430.99
FUNDS AVAILABLE
FREDERICK
Total Revenue $52,921.69 $390,171.42 $1 641,128.64 $2,084,221.75
LESS:
Expenditures: ; 789,582.60 $789,582.60
WCR 20(Front Rd to WCR 13) $89,582.60 789,582.60
WCR 11 (WCR 20.5 to WCR 22)
•Available Cash $52,921.69 $390,171.42 '776,546.04 $1,219,639.15'
Committed Cash: 736,891.91 $736,891.91
WCR 11
Total Uncommitted Cash $52,921.69 $390,171.42 $39,654.13 $482,747.24
WELD COUNTY
Total Revenue $687,404.16 $35,724.08 ;332.573.41 $1,055,701.65
LESS:
Expenditures:
Refund $1,018.00
•Available Cash $686,386.16 $35,724.08 6332,573.41 $1,054,683.65.
Committed Cash: $75,000.00 $75,000.00
WCR 11 (Frederick) $470,000.00
WCR 1 $470,000.00 $236,000.00
WCR 3 $236,000.00
Total Uncommitted Cash $216,386.16 -$200.275.92 5257.573.41 $273,683.65•
•Grand Total Cash Refund $739,307.85 $425,895.50 $ .109.119.45 $2,274,322.80.
•REFUND CHECK AMOUNT
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3038912 0310512003 12.
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` '�` TOWN OF FREDERICK
P.O. BOX 435 • FREDERICK, CO 80530 • Phone: (303) 833-2388
FAX: (303) 833-3817 • METRO: (303) 659-8729
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November 19, 2002 L ,A J ' � ., (( ~
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NOV 2 1 2002 1! 1I
Weld County Attorney Office ( �k-1
Bruce Barker WELD C0i_3NTY
915 10`h Street ATTORNE'Y'S c.i Pr;aE
Greeley, CO 80632 ,—...`""
Dear Mr. Barker:
Enclosed please find a signed copy of the Agreement To Terminate Southwest Weld Service
Area Road Impact Fee Intergovernmental Agreement. If you have any questions, please
feel free to contact me here at the Frederick Town Hall.
Sincerely, Ur-e_ Cr
� �
\ rJ �On . `�®- 4
Jac t u- ine McConnell
Town Clerk
enc
cc: Don Warden
File
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CITY ATTORNEY pa
408 THIRD AVENUE,CIVIC CENTER COMPLEX,LONGMONT COLORADO 80501 F
PHONE:(303)651-8619 FACSIMILE: (303)651-8914
cozoRe
February 21, 2003
Bruce Barker, Esq. 111) FEB27 2003 iWeld County Attorneys Office !'
915 10th Avenue WELD COU N'i Y
Greeley, CO 80631 ATTORNEY'S OFFICE
Re: Repeal of Transportation Fee IGA
Dear Bruce:
The City Council approved the ordinance repealling the Transportation Fee IGA. I have enclosed
two original signature pages executed by the Mayor for your files. Please let me know if you need
more information.
Sincerely,
es W. Rourke
Deputy City Attorney
enc.
Our File:4679
":^'•° e era- rM eta' v u +�"+.mlleaa'r e.0,'" e ,"'=8°'-.:0°.. e;c.not.
re L3/4-11 WELD COUNTY ATTORNEY'S OFFICE
- 915 TENTH STREET
P.O. BOX 758
GREELEY, CO 80632
' WEBSITE: www.co.weld.co.us
PHONE: (970) 336-7235
FAX: (970) 352-0242
COLORADO
December 12, 2002
James W. Rourke
Assistant Longmont City Attorney
408 3ra Ave.
Longmont, CO 80501
RE: Agreement to Terminate Southwest Weld
Service Area Road Impact Fee
Intergovernmental Agreement
Dear Jay:
Enclosed are copies of the signature pages for Weld County and the Town of Frederick on the
Agreement to Terminate Southwest Weld Service Area Road Impact Fee Intergovernmental
Agreement. I will look forwarded to receiving the signature page from the City of Longmont
after the second reading on January 14, 2003.
Thank you for your assistance. I wish you Happy Holidays.
Please feel free to call me at (970) 356-4000, ext. 4390, if you have any questions or with to
discuss further.
1
Sincerely,
,^'".-Z�...
Bruce T. Barker
Weld County Attorney
Enclosures
pc: Clerk to the Board
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