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HomeMy WebLinkAbout830629.tiff RESOLUTION RE: APPROVAL OF NO ACTION BEING TAKEN CONCERNING THE AGREEMENT BETWEEN CITY OF EVANS AND WELD COUNTY TO WAIVE CERTAIN FEES 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, Weld County has the power and authority to issue building permits and planning and zoning permits for projects within its jurisdictional boundaries, and WHEREAS, the County has the power and authority to require payment for the issuance of such permits in order to help defray the costs, and WHEREAS, the City of Evans submitted an agreement to Weld County requesting waiver of said fees for future construction projects, and WHEREAS, said agreement request was as stated in City of Evans Resolution No. 3-1983, and WHEREAS, the Board received information from the City Manager of Evans that he is not fully aware of the terms of said agreement, and WHEREAS, after consideration, the Board deems it advisable that no action be taken concerning said agreement. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that no action be taken con- cerning the agreement between the City of Evans and Weld County to waive those fees for building permits and planning and zoning permits. P[.cx53 aaosss LP : ze RIcl rai-m; Is (2e ; Jr, Page 2 RE: NO ACTION ON AGREEMENT BETWEEN CITY OF EVANS & WELD COUNTY The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 31st day of October, A.D„ 1983 . y -J BOARD OF COUNTY COMMISSIONERS ATTEST: (�wv�7"Q( v WELD COUNTY, COLORADO Weld County Clerk and Recorder efaA° and Clerk to the Boa Chuck /Carlson, C airman By: .n/ JIS f /I� T C____D:puty Count J n T. Mar in, Pro-Tem APPROVED AS TO FORM: ene R. Bran •ner �� C.--?i7ILI:2 County Attorney Norman Carlson 'J ......,_ cqu ine Jo son DAY FILE: November 2 , 1983 RESOLUTION NO. 3-1983 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EVANS, COLORADO, ESTABLISHING AN INTER- GOVERNMENTAL AGREEMENT WITH THE COUNTY OF WELD CONCERNING THE WAIVING OF CERTAIN FEES THIS PGREDEIT made this 1st day of February, 1983 by and between the CITY OF EVANS, a Home Rule City incorporated under the laws of the State of Colorado, herinafter referred to as the "City", and the COUNTY OF WELD, a Hare Rule County and a political subdivision of the State of Colorado, hereinafter referred to as the "County". WHEREAS, the City has the power and authority to issue building permits and planning and zoning permits for the jurisdictional boundaries of the City of Evans, and WHEREAS, the County has the power and authority to issue building per- mits and planning and zoning permits for the jurisdictional boundaries of in- corporated municipalities, and WHEREAS, both the City and County have the power and authority to re- ` quire payment for the issuance of such permits to defray their costs, and WHEREAS, both the City and 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 County feel that it would save administra- tive 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 above, promises and covenants herein set forth, and other good and valuable consideration, 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. Resolution No. 3-1983 % 2. For any construction project camrnced by the County within the City's jurisdictional boundaries, the County Shall be responsible for inspecting such building cortsotica with its own building inspectors and in accordance with its own building inspection code. 3. In consideration of the City waiving building inspectian fees, and permitting the County to inspect its awn building construction, and using its awn building code.for such in- sections, the County hereby specifically agrees to indattti- fy and hold harmless the City, its agents, etplayees, and officers from all claims, demands, actions, Odgments and executions, and injuries to persons or pr'opgCty which may arise as a result of the City not inspecting-such building construction. 4. For any construction project caaoenced by the City within the County's jurisdictional boundaries, the„City sha11 be • responsible for inspecting such building ccnstnuctiat with its awn building inspection code. 5. In consinAratinn of the County waiving building inspection fees, and permitting the City to inspect its own building construction, and using its own building code4pr such in- sea.Lions, the City hereby specifically agrees to indemnity and hold harmless the County, its agents, egploy!ees 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 build- ig construction. 6. The County and the City each agree to waive all fees for applications by the other under the respectubparty's land use, planning and zoning regulations who has juris- diction in the matter. However, each party,. tees 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. -2- Resolution No. 3-1983 ( 9 7. Although the County and City agree that each will issue the building permit for its construction projects within the other's jurisdiction, it is agreed that the,RIOYA44Ming ` the permit shall submit its development plans to the inspec- tion department of the other party prior to the anent of any project. For the purposes of this agreMlmlt, "develcQ- ment plans" shall include building drawings, site plans, drainage reports, soils reports, and similar daaunants re- quired by ordinances or regulations of the party. within. whose jurisdiction the project is to be considered. 8. This agreement shall only include waiver of building permit fees, land use, planning and zoning applicatia% fees. It shall not include other applicable fees presently charged by one party to the other, inclining but not limited to, water and sewer tap fees charged by the City. 9. This agreanant shall become effective on the del-and year . . _ • first above written. PASSED AND ADOPTED, SIGNED AND APPROVED at a regular meeting of the City Council of the City of Evans on the 1st day of Feb*yary , 1983. CITY OF " r ►� •r �• ATTEST: �� 161/ CITY CLERK Hello