HomeMy WebLinkAbout830618.tiff RESOLUTION
RE: APPROVAL OF AGREEMENT TO PROVIDE BUILDING INSPECTIONS
BETWEEN THE TOWN OF EATON 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 Eaton does not desire to provide its
own building inspection 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 Eaton 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 Eaton 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
ATTEST:
Chuck Carlso , Chairman
WELD COUNTY CLERK AND RECORDER
AND CLERK TO THE _i e-j( 7 i .bj e%-Ziy —
J Mart' , Pro Tem
BY:
PPROV AS TO FORM: Gene Brantner
l iC Imo-_
ounty Attorney Norman Carlson
J cqu ine J son
PICSY03
830618
Ld: Zoning Building Permits DATE PRESENTED: JANUARY 31 , 1983
AGREEMENT TO PROVIDE BUILDING INSPECTIONS
THIS AGREEMENT made this 10th day of January , 1983 ,
by and between the TOWN OF Eaton , hereinafter
referred to as the "Town" and the COUNTY 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 :
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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 services between Weld County and the
Town of Eaton
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
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Commissioners of Weld County, P.O. Box 758 ,
Greeley, Colorado 8O632 .
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:
Marie A. Baum , Town Clerk
P .O . Box 946
Eaton , Colorado 80615
IN WITNESS WHEREOF, the Town , 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.
ATTEST: BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Clerk and Recorder
and Clerk to the Board
.( � CP
X)j2/li� BY.
Deputy County Clerk hairman
ATTEST: TOWN OF Eaton
o - a.4 a. BY: 14-11
Town Clerk Mayor
Marie A. Baum H .P . Christensen
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