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RESOLUTION
RE: APPROVAL OF ROAD IMPROVEMENT CONTRACT BETWEEN WELD COUNTY,
COLORADO AND COLORADO LANDFILL, INC. AND AUTHORIZATION FOR
CHAIRMAN TO SIGN THE SAME.
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, Weld County has improved Weld County Road 7 between
County Line Road and Weld County Road 6 for providing better
access to Colorado Landfill, Inc. ' s landfill site, and
WHEREAS, a Road Improvement Agreement between Weld County,
Colorado and Colorado Landfill, Inc. has been prepared which pro-
vides that Colorado Landfill, Inc. will pledge 5% of their gross
revenue to reimburse Weld County for 50% of the costs of the
improvements to Weld County Road 7 , said payments to commence
February 1, 1981 and to continue until said 50% is paid in full.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the Road Improvement
Contract between Weld County, Colorado and Colorado Landfill,
Inc. be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board of County Commissioners
of Weld County, Colorado that the Chairman of the Board be, and
hereby is, authorized to sign said Contract.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 17th day of
December, A.D. , 1980 .
BOARD OF COUNTY COMMISSIONERS
ATTEST: VIA,' ',u, l 4441, ,G,4.1,r&✓ WELD COUNTY, dCOLORADO
Weld County Clerk and Recorder //1-c2C (Aye)
a erk to the B rd C . W. K rby, chairman
BY: ;Q ABSENT DATE SIGNED (Aye)
l/ /Deeputy oun y Clerc Leonard L. Roe, Pro-Tem
APPROV AS TO FORM: (Aye)
CNorman Carlson
County < /01,6 j y (Aye)
L Dunbar, "/
1
/� � j P
u//Ri' kr P.VAl Pt[eye)
DATE PRESENTED: DECEMBER 22 , 1980
881334
Pt-0(031
ROAD IMPROVEMENT CONTRACT
THIS AGREEMENT, made and entered into this 17thday of
December, 1980, by and between the COUNTY OF WELD, STATE OF COLO-
RADO, hereinafter referred to as "County, " and COLORADO LANDFILL,
INC. , a Colorado corporation, hereinafter referred to as "Landfill. "
WITNESSETH:
WHEREAS, Landfill has previously been issued a Certificate
of Designation for a solid waste disposal site on property located
in Section 29 , Township 1 North, Range 68 West of the 6th P.M. ,
Weld County, Colorado, pursuant to the provisions of 30-20-101,
et seq. , CRS 1973 , as amended, and
WHEREAS, County has the authority, pursuant to 30-20-115,
CRS 1973, as amended, to fix, modify and collect service charges
from users of solid waste disposal sites and facilities for the
purpose of financing the operations of those sites and facilities,
and
WHEREAS, County has improved Weld County Road 7 between
County Line Road and Weld County Road 6 for the purpose of pro-
viding better access to Landfill ' s site , and
WHEREAS, County and Landfill desire to enter into this agree-
ment for the purpose of pledging five percent (5%) of the gross
revenue of Landfill to the reimbursement to County of fifty per-
cent (50%) of the costs of said improvements with said five per-
cent (5%) pledge commencing February 1, 1981 and continuing until
said fifty percent (50%) is paid in full .
NOW, THEREFORE, for and in consideration of the promises
and mutual agreements contained herein, County and Landfill mutually
agree as follows :
1. Should the Board of County Commissioners of County
grant a five percent (5%) rate increase to cover
the costs thereof, Landfill shall pledge five per-
cent (5%) of its gross revenue until the sum of
$143, 409 . 15 has been paid to County for said con-
struction on Weld County Road 7.
2. Landfill agrees to furnish to County, no later than
the 20th day after the close of each month, an
accounting of the gross revenues of Landfill and
shall remit therewith the sum of five percent (5%)
of said gross revenues.
3. Landfill specifically grants to County access to
the books of Landfill to determine if Landfill has
remitted the correct amount for any particular month.
Said books may be inspected at any reasonable time
during normal business hours. A copy of the annual
unaudited financial report prepared by an independent
Certified Public Accountant will be provided to Weld
County ' s Director of Finance by Landfill.
4. This Agreement shall be binding upon the parties
hereto, their successors and assigns.
IN WITNESS WHEREOF, the parties hereto have hereunto set
their hands and seals the day and year first above written.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,f
COLORADO
Weld County Clerk and Recorder By: j cty
and Clerk to the Do d Chairman
BY l CL
Deputy Cou y Clerk
CATT ST: COLORADO LANDFILL, INC .
BY: e, ti.,,4-d; g
Secre ar C. nn Kiernes, President
AEPROV D AS TO FORM:
ci _ a
County Attorney
-2-
CINC. g 9g�
6O37 77th Avenue
Greeley, Colorado 8O631
(3O3) 356-2641
April 28 , 1981
Chairman of the Board
County Commissioners
Weld County, Colorado
P .O. Box 758
Greeley, Colorado 80631
RE : Meeting of April 20, 1981 between the Board of County
Commissioners and Lynn Keirnes regarding access roadway
to Greeley-Milliken Landfill
Dear Chairman Carlson :
Pursuant to the subject meeting , we are asking that certain
entrance roadway work to the landfill site adjacent to 77th Avenue
be included with the proposed improvements by Weld County to
77th Avenue northward to the landfill from County Road 396 . The
work for Colorado Landfill , Inc. would consist of roadway surfacing
with asphalt and base coarse for a distance of approximately 600 '
from the county roadway into the landfill property.
The cost of this work would be fully reimbursed to Weld County
by Colorado Landfill , Inc . The costs would include all construction
and the applicable engineering services that might be required to
complete the work .
This request is made on the basis that economies might be
anticipated for both parties by incorporating the two projects
together to provide one larger contract for bidding and construction.
Normally such an arrangement will lead to a lesser unit cost for
the work to be accomplished , as well as providing a convenience to
all parties including users of the landfill .
If this request is satisfactory to you, please accept it as
a commitment on our part to pay the appropriate costs upon completion
of the work . I will have my engineer , Mr . Vern Nelson , work with
your engineering department to prepare the necessary designs , plans
and specifications for this work .
Respectfully,
CO_LORAp LANDFILL, INC .
Brad Keirnes
BK/jlp
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