HomeMy WebLinkAbout20030023.tiff RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR PROVISION OF AN
ADVANCE OF FUNDS TO NORTH FRONT RANGE TRANSPORTATION AND AIR
QUALITY PLANNING COUNCIL 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 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 North Front Range
Transportation and Air Quality Planning Council, 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 North Front Range Transportation and Air Quality
Planning Council 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 6th day of January, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
` W CO NTY, C LO DO
ATTEST: /1 ,/ / / D's J C' C
vE. Long, %r
Weld County Clerk to the a61;
c7n
Robert D. Masden, Pro-Tem
Deputy Clerk to the Bea ±• ' � EXCUSED
M. J. Geile
APPR AS TO F i )//1-1 (William . Jerkee�
unty orney //eelLet
Glenn Vaad
Date of signature: /�
2003-0023
BC0033
INTERGOVERNMENTAL AGREEMENT FOR THE PROVISION
OF AN ADVANCE OF FUNDS TO THE NORTH FRONT RANGE
TRANSPORTATION AND AIR QUALITY PLANNING COUNCIL
THIS AGREEMENT, is entered into this 6th day of January, 2003, by
and between THE NORTH FRONT RANGE TRANSPORTATION AND AIR QUALITY
PLANNING COUNCIL, (the "MPO"), and WELD COUNTY, COLORADO (the "Member Entity").
WITNESSETH:
WHEREAS, the MPO was created on January 27, 1988 to promote regional transportation
and transportation related air quality planning, cooperation and coordination among federal, state and
local governments in the North Front Range area; and
WHEREAS, the MPO was established pursuant to the powers set forth in Article XIV,
Section 18(2) of the Colorado Constitution and Part 2 of Article 1 of Title 29, C.R.S., as amended;
and
WHEREAS, voting members of the MPO include Fort Collins, Greeley, Loveland, Evans,
Timnath, Windsor, Berthoud, LaSalle, Johnstown, Milliken, Garden City, Larimer County, Weld
County, the State of Colorado Transportation Commission, and the State of Colorado Air Quality
Control Commission; and
WHEREAS, the MPO's activities are of a regional and multi-governmental nature and the
MPO performs regional functions which are authorized by the Transportation Efficiency Act of the
21st Century and the Clean Air Act of 1990, as amended, as well as Colorado legislation which
requires a regional and a statewide transportation plan; and
WHEREAS, the MPO is charged with the duty to undertake comprehensive, regional
transportation and transportation-related air quality planning; and
WHEREAS, the MPO is the designated entity for the purpose of receiving local, state and
federal assistance for the purposes of undertaking transportation planning, air quality planning and
other purposes authorized to the MPO; and
WHEREAS, the funds for the administration of the MPO's program are federal
transportation program funds appropriated by the federal government and administered by the
Colorado Department of Transportation (CDOT), based on the federal fiscal year of October 1
through September 30; and
WHEREAS, all transportation-related funding contracts received by the MPO are in the form
of cost reimbursement, thereby leaving the MPO in need of available cash funds in order to incur and
pay for expenditures prior to seeking reimbursement; and
2003-0023
WHEREAS, the Member Entity agrees that the need exists for the MPO to have money
available to incur and pay expenditures prior to seeking reimbursement from CDOT; and
WHEREAS, the parties desire to enter into this Intergovernmental Agreement for the
purpose of lending the funds for the operation of the MPO; and
WHEREAS, the Weld County Board of County Commissioners has determined that the
making of an Advance of Funds to the MPO for the aforesaid purposes will promote and advance
a valid public purpose of Weld County as a Member Entity of the MPO.
NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties
as hereafter provided and other good and valuable consideration,the receipt and adequacy of which
is hereby acknowledged, the parties agree as follows:
Section 1. The sum of ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000) is
authorized to be advanced to the MPO by the Member Entity with any interest accruing to the MPO
on the advance to be quarterly reported and returned to Weld County.
Section 2. The MPO and Member Entity agree to review the necessity of continuation of the
advance of funds on an annual basis.
Section 3. The MPO agrees to maintain a separate payable line-item within its Accounting
system to track the advance of funds amount received from the Member Entity.
Section 4. If the MPO is able to obtain alternative sources of funding, as for example, a
taxing authority through the Rural Transportation Authority, it agrees to promptly return the advance
of funds amount to the Member Entity.
Section 5. Notice. Any notice required to be delivered in writing pursuant to this Agreement
shall be delivered as follows:
If to the North Front Range Transportation & Air Quality Planning Council:
Planning Council Chair c/o Executive Director
North Front Range Transportation and
Air Quality Planning Council
235 Mathews Street
Fort Collins, CO 80524
If to the Member Entity:
Weld County Board of County Commissioners
915 10`" Street
PO Box 758
Greeley, CO 80632
Section 6. This Agreement shall be construed according to its fair meaning, and as if
prepared by both parties hereto,and constitutes the entire understanding and agreement between the
parties hereto pertaining to the matters addressed in this Agreement.
IN WITNESS WHEREOF,the parties have entered into this Agreement the day and year first
above written.
NORTH FRONT RANGE TRANSPORTATION
AND AIR QUALITY PLANNING COUNCIL
By: 4,/
Chair �
BOARD OF COUNTY COMMISSIONERS,WELD
COUNTY COLORADO
By: ci CC._ •
Chair,David E. Long
Attest: '11i t
Clerk to the Board
156' 2. ,
By:
Deputy Clerk to the Boar
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Approvedias to forma
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ounty A ornew
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