Loading...
HomeMy WebLinkAbout800512.tiff THIS RESOLUTION WAS RESCINDED ON JUNE 18, 1980 RESOLUTION RE: APPROVAL OF AGREEMENT BETWEEN THE CITY OF GREELEY AND WELD COUNTY AND AUTHORIZATION FOR CHAIRMAN TO SIGN THE SAME.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 . , • • • -3- ri ... ak' tS .�.• ‘t.444:k \S�A`�*• a kealn.rcy.� et4n` Ci.osVMWtiaa, ,baG_vYA"'. Abe lift »� a V tt 4 Ail 1 i a a •�•$, . 1;" a♦ s , !!"IC .liT ' � Rk M � i• y l�•'.e .«'"'ar a. c)r:4..�].. wt ""C"' t% \� 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" ir 3 J v . q _ ? y V T., "t-4s.--s.......-_.H............_..„..___r • _ Ray L.I � . '-,'• i1 mss"' 3Y _ : ' i , i ,� — ' ! -+ L 1,.._.,......---3/4„..3/41 -3/4.,• ,emu • -",11:-.... + ,e pve�,� ^' ... .rilLGf.CiGia. 4 .:s ._' rt : i� �,.02�1itl �Ka.—.,.i. '..S3L\I'I l'1.7.i.2 it 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_ l cc: C. W. Kirby ( Don Warden I ARP 301980 ' GREELF.Y. CGL.oA "A COMMUNITY OF PROGRESS" r Hello