HomeMy WebLinkAbout20031158.tiff RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR THE PROVISION OF AN
ADVANCE OF FUNDS AND AUTHORIZE CHAIR TO SIGN - SOUTHWEST WELD
DRAINAGE AUTHORITY
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 for the
Provision of an Advance of Funds between the County of Weld, State of Colorado, by and through
the Board of County Commissioners of Weld County, and the Southwest Weld Drainage Authority,
with 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 for the Provision of an Advance of Funds
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and the Southwest Weld Drainage Authority 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 7th day of May, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
�
WEL OUNTY, COLORADO
"ATTEST: ',a*T1® IF,/1, uk,, EOC
i E. Long, Chairr'
Weld County Clerk to th o a c�II
sel O 1
Robert D. den, Pro-Tem
BY: C
Deputy Clerk to the Bo d `
'�--- M. J. Geile
APP AST "1--17 /-vt-t
.— William H. Jerke/
ounty Attorn y inifitt ./
/ Glenn Vaad
Date of signature: 5/4403
2003-1158
n SD0102
O0: 5waA
INTERGOVERNMENTAL AGREEMENT FOR THE PROVISION OF AN ADVANCE
OF FUNDS TO THE SOUTHWEST WELD DRAINAGE AUTHORITY
THIS INTERGOVERNMENTAL AGREEMENT is entered into this it day of
tY\p ( , 2003, by and between the COUNTY OF WELD, a political subdivision of the
STATE OF COLORADO, by and through the Board of County Commissioners of Weld County,
whose address is P.O. Box 758, 915 10`° Street, Greeley, CO 80632, hereinafter referred to as
"Weld County," and the SOUTHWEST WELD DRAINAGE AUTHORITY, by and through its
Board of Directors, whose address is 4209 Weld County Road 24%2, Longmont, CO 80504,
hereinafter referred to as "Drainage Authority."
WITNESSETH:
WHEREAS, Drainage Authority was created March 27, 2002, by and through an
agreement, entitled, "Intergovernmental Agreement Pursuant to C.R.S. § 29-1- 204.2 for the
Creation of the Southwest Weld Drainage Authority," for the purpose of providing drainage
services within its boundaries, and
WHEREAS, said Intergovernmental Agreement has, as its"Contracting Parties,"the
Town of Erie, the Town of Firestone, the Town of Frederick, the City of Dacono, the City of
Longmont, the St. Vrain Sanitation District, the Weld County Tri-Area Sanitation District, the
County of Weld, and the St. Vrain and Left Hand Water Conservancy District, and
WHEREAS, Drainage Authority is in the process of organizing its administration and
operations, and
WHEREAS, although funds for the continued administration and operations of the
Drainage Authority are expected to come from service fees to be paid by benefitting landowners
within said boundaries, initial funds are necessary,to start such activities, and
WHEREAS, the Drainage Authority sees that the need exists for it to have money
available to incur and pay expenditures prior to the collection of service fees, and
WHEREAS, the parties desire to enter into this Intergovernmental Agreement for the
purpose of the lending of funds for the initial administration and operations of the Drainage
Authority, and
WHEREAS, the Board of County Commissioners of Weld County has determined that the
making of an Advance of Funds to the Drainage Authority for the aforesaid purposes will
promote and advance a valid public purpose of Weld County as a Contracting Party of the
Drainage Authority.
Page 1 of 3 Pages
NOW, THEREFORE, in consideration of the mutual covenants and promises of the
parties as hereinafter provided and other good and valuable consideration, the receipt and
adequacy of which is hereby acknowledged, the parties agree as follows:
I. The sum of TWO HUNDRED AND FIFTY THOUSAND DOLLARS ($250,000)
is authorized to be advanced to the Drainage Authority by Weld County, with
interest accruing to Weld County at the average monthly interest rate earned by
the Weld County Treasurer.
2. Said funds so advanced to the Drainage Authority and incurred interest shall be
paid back to Weld County as soon as possible from collected service fees.
3. Drainage Authority agrees to maintain a separate payable line-item within its
accounting system to track the advance of finds from Weld County.
4. If the Drainage Authority is able to obtain alternative sources of funding, as for
example, from federal funding, it agrees to promptly return to Weld County any
funds so advanced, along with incurred interest to that date.
5. All notices necessary to be delivered to the parties pursuant to this
Intergovernmental Agreement shall be delivered to the above-stated addresses.
6. This writing constitutes the entire Intergovernmental Agreement between the
parties hereto with respect to the subject matter herein, and shall be binding upon
said parties, their officers, employees, agents and assigns and shall inure to the
benefit of the respective survivors, heirs, personal representatives, successors and
assigns of said parties.
7. No portion of this Intergovernmental Agreement shall be deemed to constitute a
waiver of any immunities the parties or their officers or employees may possess,
nor shall any portion of this Intergovernmental Agreement be deemed to have
created a duty of care which did not previously exist with respect to any person
not a party to this Intergovernmental Agreement.
8. It is expressly understood and agreed that the enforcement of the terms and
conditions of this Intergovernmental Agreement, and all rights of action relating to
such enforcement, shall be strictly reserved to the undersigned parties and nothing
in this Intergovernmental Agreement shall give or allow any claim or right of
action whatsoever by any other person not included in this Intergovernmental
Agreement. It is the express intention of the undersigned parties that any entity
other than the undersigned parties receiving services or benefits under this
Intergovernmental Agreement shall be an incidental beneficiary only.
Page 2 of 3 Pages
Signed by the parties t
e Y/4 day of 71.1. , 2003.
ATTEST: ate# ete4 COUNTY OF WELD, a political
Weld County Clerk to the subdivision of the STATE OF
COLORADO:
By:
By:
Deputy Clerk tot dW. David E. Long, Chi 3
Board of County Co sioners of the
County of Weld
ATTEST: SOUTHWEST WELD DRAINAGE
AUTHORITY
By: By: l�
ob Flec , Secretary/Treasurer Glenn Vaad, Chairnar Southwest
Weld Drainage Authority Board of
Directors
a
Page 3 of 3 Pages
SW DA
S '"f 11WESi WELD DRAIN.A(513 :Al'T IIORI"1A
May 1, 2003 11 EtECIOVINO
11 MAY 0 2 2003
Bruce Barker, Esq. WELD COON
TY
Weld County Attorney ATTORNEYS OFFICE
P.O. Box 758
Greeley, CO 80632
Dear Bruce:
Enclosed are two copies of the Intergovernmental Agreement for the Provision of an
Advance of Funds to the Southwest Weld Drainage Authority. I have had both copies
executed by Rob Fleck. Could you please take care of having Glenn sign for the
Authority and then get the County signatures? When all signatures have been obtained,
please send me a copy for the Authority's files. Thanks for all your help with this.
Best regards,
ZAK
David C. Agee
Manager
2003-1158
Phone: (720) 652-4252 • SouthwestWeld County Services Complex • 4209 CR24 % • Longmont,CO 80504
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