HomeMy WebLinkAbout800512.tiff THIS RESOLUTION WAS RESCINDED ON JUNE 18, 1980
RESOLUTION
RE: APPROVAL OF AGREEMENT BETWEEN THE CITY OF GREELEY AND WELD
COUNTY 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, the City has the power and authority to issue
building permits and planning and zoning permits for the juris-
dictional boundaries of the City of Greeley, and
WHEREAS, the County has the power and authority to issue
building permits and planning and zoning permits for the juris-
dictional boundaries of the County of Weld, excluding the
jurisdictional boundaries of incorporated municipalities, and
WHEREAS, both the City and County have the power and
authority to require payment for the issuance of such permits
to defray their costs , and
WHEREAS, both the City and the County each have, in the
past and will in the future, construction projects in the other ' s
respective jurisdiction, and
WHEREAS, both the City and the County feel that adminis-
trative costs would be saved if each entity would waive fees on
future construction for the other as these fees, in the future
as in the past, would be offset, and
WHEREAS, an agreement between the City of Greeley and the
County of Weld concerning the above stated matter has been pre-
pared, and
WHEREAS, the Board of County Conmiissioners has studied said
agreement and deems it advisable to approve the same.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the agreement between
the City of Greeley and the County of Weld be, and hereby is,
approved.
PE00 3
800512
BE IT FURTHER RESOLVED by the Board of County Commissioners
that the Chairman of the Board 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. , 1980.
/� `� ._ _f-, BOARD OF COUNTY COMMISSIONERS
ATTEST: 04: (,Lj fiti t; WELD COUNTY, COLORADO
Weld County Clerk and Recorder i Li -.
and-Cr to the Boa C. W. Kirby, Chairman
/e ;ter GCS..-6.f ' �Vr-"3"'-c..t c' d.`. JUTE.
m -puty Co y Clem r onard L. Roe, Pro-Tem
APY OVED S T ORM: Astst
Norman Carlson
Cou ty Attorney
Dun ar
e K. Stei ark
DATE PRESENTED: MAY 7, 1980
/
AGREEMENT
THIS AGREEMENT made this 7th day of May, 1980 by and
between the CITY OF GREELEY, a home rule city incorporated under
the laws of the State of Colorado, hereinafter referred to as
the "City" , and the COUNTY OF WELD, a home rule county and a
political subdivision of the State of Colorado, hereinafter
referred to as the "County" .
RECITALS
WHEREAS , the City has the power and authority to issue
building permits and planning and zoning permits for the juris-
dictional boundaries of the City of Greeley, and
WHEREAS, the County has the power and authority to issue
building permits and planning and zoning permits for the juris-
dictional boundaries of the County of Weld, excluding the
jurisdictional boundaries of incorporated municipalities , and
WHEREAS, both the City and County have the power and
authority to require payment for the issuance of such permits
to defray their costs, and
WHEREAS, both the City and the County each have, in the
past and will in the future, construction projects in the other ' s
respective jurisdiction, and
WHEREAS, both the City and the County feel that it would
save administrative costs if each entity would waive fees on
future construction for the other as these fees, in the future •
as in the past, would be offset.
COVENANTS
NOW, THEREFORE, in consideration of the recitals, promises
and covenants herein set forth, and other good and valuable con-
sideration, the parties agree as follows :
1. The City and the County each agree to- waive all
building permit fees for any construction project
desired by one party in the other party ' s respective
jurisdiction.
2 . For any construction project commenced by the County
within the City' s jurisdictional boundaries, the
• County shall be responsible for inspecting such
building construction with its own building inspectors
and in accordance with its own building inspec-
tion code.
3. In consideration of the City waiving building inspec-
tion fees, and permitting the County to inspect its
own building construction, and using its own building
code for such inspections, the County hereby speci-
fically agrees to indemnify and hold harmless the City,
its agents, employees, and officers from all claims ,
demands, actions , judgments and executions, and.
injuries to persons or property which may arise as
a result of the City not inspecting such building
construction.
4. For any construction project commenced by the City
within the CountyYs jurisdictional boundaries, the
City shall be responsible for inspecting such building
construction with its own building inspectors and in
accordance with its own building inspection code .
5 . In consideration of the County waiving building inspec-
tion fees, and permitting the City to inspect its
own building construction, and using its own building
code for such inspections, the City hereby specifi-
cally agrees to indemnify and hold harmless the County,
its agents , employees and officers from all claims,
demands , actions , judgments, executions , and injuries
to persons or property which may arise as a result
of the County not inspecting such building construction.
6 . The County and the City each agree to' waive all fees
for applications by the other under the respective
-2-
party ' s land use , planning and zoning regulations
who has jurisdiction in the matter. However, each
party agrees .to follow the land use, planning and
zoning regulations of the other party when applicable,
' including review and hearing processes, despite the
fact that no fee will be required.
7. This agreement shall only include waiver of building
permit fees, land use, planning and zoning applica-
tion fees, underground, and park and drainage fees .
It shall not include other applicable fees presently
charged by one party to the other, including, but not
limited to, water and sewer tap fees charged by the
City.
8. It is the intention of the Parties that the benefits
and provisions of this agreement shall be extended to
include the Weld County General Hospital and the Weld
County Municipal Airport Authority, each of whom,
although separate legal entities, shall be considered
third party beneficiaries.
9. This Agreement shall become effective on the day and
year first_- above written.
ATTEST: - ;AAAS
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Clerk and Recorder
and Clerk to the rd By: 7e 2 -i� y'
Chairman /
L____,tD�,puty county Cler
APRROVED S T FORM:
c
County Attorney
ATTEST: CITY OF GREELEY, COLORADO
By:
City Clerk George W. Hall , Mayor
City Attorney . ,
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GREELEY CIVIC CENTER
GREELEY. COLORADO H0611
PHONE !303' ass 6;r April 29, 1980
C. W. Kirby, Chairman
Board of County Commissioners
P. O. Box 758
Greeley, Colorado 80631
Dear Mr. Kirby:
I feel the agreement outlined by your April 23, 1980 letter,
concerning building fees and inspection jurisdictions, is
satisfactory with the City of Greeley.
Please inform your legal department that they may contact
my office or the office of the City Attorney, if they have
any questions during the preparation of the formal agreement,
to be considered by the City Council and the Board of County
Commissioners.
Mr. Stenner has been notified of the status of this inter-
governmental agreement, and he is aware that the construction
fees will be waived for the hospital addition when the
appropriate documents have been approved by the governing
bodies of both jurisdictions.
�Sincerely,Q��y// ����f
a,,t ,L.,Pen 4 1611 COitlif CMUIOSSIINIC
Peter A. Morrell �_, jnl qI�
City Manager I I
APP 13 1980 II
cc: Richard Stenner
Ion Warden aREELEY• COLO,
"A COMMUNITY OF PROGRESS"
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GREELEY CIVIC CENTER
GREELEY. COLORADO 80631 -- - - - -
PHONE .303i 3536123 April 29, 1980
Richard Stenner, Administrator
Weld County General Hospital
16th Street & 17th Avenue
Greeley, Colorado 80631
Dear Mr. Stenner:
This letter is to inform you of the status of your request,
concerning the City waiving development and building permit
fees for the proposed addition to your hospital.
We have been working with the County, to establish a formal
agreement, that would waive all fees associated with new
construction, except those for water and sewer taps which
may not be included due to legal requirements associated
with the water and sewer funds.
It appears that both jurisdictions are in concordance, as
formal documents are now being prepared by the county's
legal department. Providing this agreement is approved by
both the Board of County Commissioners and the City Council,
all fees except water and sewer tap fees, will be waived by
the City for the development of the Weld County Hospital's
addition.
Sincerely,
Peter A. Morrell
City Manager
WO COUNTY CSI ISSIMElta_
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cc: C. W. Kirby (
Don Warden I
ARP 301980 '
GREELF.Y. CGL.oA
"A COMMUNITY OF PROGRESS"
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