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Home My WebLink About830635.tiff RESOLUTION RE: APPROVAL OF AGREEMENT TO PROVIDE BUILDING INSPECTIONS BETWEEN THE TOWN OF ERIE 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 Town of Erie does not desire to provide its own building inspections and wishes to use the services of the Weld County Building Inspections Department, and WHEREAS, an agreement to provide building inspections between the Town of Erie and Weld County, Colorado, attached hereto and incorporated herein by reference, has been presented to the Board of County Commissioners for approval, and WHEREAS, the Board of County Commissioners deems it advisable to approve said agreement. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the agreement to provide building inspections between the Town of Erie 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 26th day of January, A.D. , 1983. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO sm, Alit 1 ar1sirman ATTEST: ta,ct V ` r " \,_,tLri �: , %1// ^_T.r, WELD COUNTY CLE CORDER J9 Martin, o Tem AND CLERK TO T E BOARD 04fil e, BY. .: � ene Brantner 'Deputy County Clerk APPROVED TO FORM: Norman Carlson COUN Y ATTORNEY J cque 'ne J\-o PL0C‘�3 830635 Ld: Zoning Building Inspections DATE PRESENTED : JANUARY 31 , 1983 AGREEMENT TO PROVIDE BUILDING INSPECTIONS THIS AGREEMENT made this/4(74r, day of , 19fcV, by and between the TOWN OF , hereinafter referred to as the "Town" and the C UNTY OF WELD, a political subdivision of the State of Colorado, hereinafter referred to as the "County" . WHEREAS, the Town does not desire to provide its own building 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 WHEREAS, In order to set forth clearly the responsibilities, obligations, powers and rights of each of the parties , the Town and the County hereby enter into this Agreement. 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 Town authorizes the County Building Inspection Department to make all required inspections of structures within the incorporated boundaries of the Town based upon the Town' s Building Code , Mechanical Code, Plumbing Code , Electrical Code , Swimming Pool Code, Abatement of Dangerous Buildings , State of Colorado Insulation Requirements and the State and Federal requirements for the handicapped as duly adopted by the Town. 2 . The Town shall advise the County of any of the substantive differences between the codes adopted by the Town and the Weld County Building Code within thirty (30) days of the execution of this Agreement. 3 . In consideration of the County providing such inspections , the Town shall pay to the County the same fee per permit as established 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 Town on a monthly basis. Such bills must be paid to the County within thirty (30) days of receipt. 4 . If a plan check is required, the plan check fee charged to the Town shall be the same fee per plan check as established by the Weld County Building Code and adopted by Weld County for the unincorporated portions of Weld County. The plan check fees will be billed to the Town on a monthly basis . Such bills must be paid to the County within thirty (30) days of receipt. 5 . Any existing permits which have not been finaled within the Town prior to the date of this Agreement shall be inspected at the rate of $12 . 00 per completed inspection for building, mechanical, and electrical inspections and $10 . 00 per completed inspection for plumbing inspections . The above fees will be billed to the Town on a monthly basis. Such bills must be paid to the County within thirty (30) days of receipt. 6 . The County, in addition to its inspection duties, shall investigate complaints of code violations when so directed by an administrative officer of the Town or the Town Board. The County shall have no further obligation to pursue administrative, criminal or civil remedies as against the violator except that the County inspectors shall be available for testimony in any proceedings regarding the violator. 7 . County agrees to provide the Towns with 30 days notice of any proposed amendments to the Weld County Building Code and fee schedules. 8 . The Town shall not be liable for the direct payment of any salaries , wages , or other compensation to any personnel performing services herein for said County. 9 . The County agrees, at its own expense, to procure adequate insurance against and to indemnify, defend and hold the Town harmless against any and all of the following types of claims : -2- 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 expenses, vacation pay, sick leave, or sick pay) or indemnification for tort claim damages or similar claims for damages (e.g. , Section 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 Agreement. 10 . The County or its employee shall not be deemed to assume any liability for intentional or negligent acts of said Town or any officer, agent, or employee thereof, and the Town agrees to indemnify and hold the County harmless for any and all claims arising out of such acts. 11 . 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 completed at the time of termination may be completed through final inspection at the agreed fee rate if the Town so requests and if the County agrees to do so. The Town shall also pay all outstanding fees owed to the County within thirty (30) days of the notice of termination. 12 . This agreement shall supercede and render null and void any previous agreement for building inspection s vices between Weld County and the Town of 13 . This Agreement may be renewed annually by written notice from one party to the other of an intent to renew. The failure of the other party to dissaffirm the renewal in writing within 30 days shall be deemed consent to the renewal for an additional one year period. 14 . All notices to the County pursuant to paragraphs 11 and 13 of this Agreement shall be sent certified or registered mail , return receipt requested, addressed to the Board of County -3- Commissioners of Weld County, P.O. Box 758 , Greeley, Colorado 80632 . 15 . All notices to the Town, pursuant to paragraphs 7 , 11 , and 13 , shall be sent certified or registered mail , return receipt requested, addressed to: a' � Q1 - , Town Clerk IN WITNESS WHEREOF, the Town , by resolution duly adopted by its governing body, caused this Agreement to be sinned 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. ATTEST: BOARD OF COUNTY COMMISSIONERS WELD COUNTY , COLORADO Weld County Clerk and Recorder and Clerk to the Board �L BY: - � �a-�� . . �-� BY. Deputy County Clerk Chairman / ATTEST: TOWN OF BY:QP Town Clerk aybr -4- TOWN OF ERIE FIRE DEPARTMENT 645 HOLBROOK DEPA152 RT POLICE DEPARTMENT BOX 100 828-3158 ERIE,COLORADO 8O515 1r�i; l.'— • ass 3t5e 828.3843 448.3085 ci I,:..., 1 :�i n • January 17, 1983 W2:d C . Nanning COMMiSSinft Mr. Chuck Cunliffe Director of Planning Services 915 Tenth Street Greeley, Co. $0631 Re: Agreement for Building Permit Inspections • Dear Chuck: The Town of Erie, like most small towns in the county, finds itself in a very undesirable situation. We re- cognize the County's financial problems, but remind you that small towns are even more limited tin inhirtability to raise revenues. The decision by County take the entire building inspection fee leaves the Town with no compensation for our administrative involvement. We recognize we could add a surcharge onto the fee (which will already be a substantial increase over what people in the community have paid in the past). However, we are not trying to penalize people who want to develop in Erie. We specially question the variable fee approach, the amount charged as being reasonable for the cost of the service and the failure t�raresidents pay community 's taxesfinancial only situation into account. to Erie but also to the County. We would appreciate a visit from you and/or our commissioner to attempt to work out a solution to this problem. meantime, in order not to penalize anyone wishing to build in Erie, we are signing the agreiint of theunder Agreement which, specifically point out Paragraph if a solution with the County cannot be worked out, we may choose to invoke. We believe this issue is a hardship for other small towns in the county, too. A solution by the County would be very appropriate and would serve to keep all of us in a positive rather than an adversary relation— ship with the County� I lntw Boad time when it would be convenient to meet with the Town S' Ire y, David L uis, Mayor cc: John T. Martin, Commissioner TOWN OF KERSEY 832 THIRD STREET TELEPHONE POST OFFICE BOX 07 (303)353-1081 KERSEY.COLORADO 80044 jAii 20 1.'23 Weld Co. Planning Commission January 19, 1983 Chuck Cunliffe Director Department of Planning Services 915 Tenth Street Greeley, Colorado 80631 Dear Mr. Cunliffe: This letter is to inform you that at a special meeting of the Town of Kersey Board of Trustees held January 18, 1983, the Board voted not to sign the agreement with the County for building inspections. At this time we request that you complete any inspections on structures not finaled prior to February 1, 1983 at the previously agreed upon rate of $12. 00 for building, mechanical, and electrical inspections and $10. 00 for plumbing inspections. I have enjoyed working with your department and appreciate all the assistance you have given us in the past. Very truly yours, Lanell J. Swanson Town Administrator Hello