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Home My WebLink About850842.tiff RESOLUTION RE: APPROVAL OF AGREEMENT FOR BUILDING INSPECTIONS BETWEEN THE TOWN OF MILLIKEN AND WELD COUNTY AND AUTHORIZATION FOR CHAIRMAN 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 Town of Milliken does not desire to provide its own building inspections and wishesd to use the services of the Weld County Building Inspections Department, and. WHEREAS, an Agreement to provide building inspections between the Town of Milliken and Weld County has been presented to the Board of County Commissioners for its approval, and WHEREAS, the Board, after study and review, deems it advisable to approve the 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 Agreement for building inspections between the Town of Milliken and Weld County, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman 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 1st day of July, A.D. , 1985 . n '1 BOARD OF COUNTY COMMISSIONERS ATTEST: 1104^^"T 1Plmi WELD COUNTY, COLORADO Weld County Clerk and Recorder \1 ► and Clerk to the Board cqu ine J. h son, Chairman EXCUSED n%.,44.: p ) Gene R. Brantner, Pro-Tem eputy County erk APPROVED AS TO FORM: C.W. K rb a 1 County Attorney Frank Yamag i 850842 ii crt33 AGREEMENT TO PROVIDE INSPECTIONS THIS AGREEMENT made this 17th day of June , 1985, by and between the TOWN OF Milliken , hereinafter referred to as the "Town" and the COUNTY OF WELD, a political subdivision of the State of Colorado, hereinafter referred to as the "County". WHEREAS, the Town does not desire to provide its own building inspections and wishes to use the services of the Weld County Building Inspections Department, and WHEREAS, in accordance with CRS 29-1-203, political subdivisions may cooperate or contract with one another to provide any function, service or facility lawfully authorized to each of the corporations or contracting units, and WHEREAS, In order to set forth clearly the responsibilities, obligations, powers and rights of each of the parties, the Town and the County hereby enter into this Agreement. NOW, THEREFORE, in consideration of the recitals, promises and covenants herein set forth, and other good and valuable consideration herein receipted for, the parties agree as follows: 1. The Town authorizes the County Building Inspection Department to make all required inspections of structures within the incorporated boundaries of the Town based upon the Town's Building Code, Mechanical Code, Plumbing Code, Electrical Code, Swimming Pool Code, Abatement of Dangerous Buildings, State of Colorado Insulation Requirements and the State and Federal requirements for the handicapped as duly adopted by the Town. 2. The Town shall advise the County of any of the substantive differences between the codes adopted by the Town and the Weld County Building Code within thirty (30) days of the execution of this Agreement. 3. In consideration of the County providing such inspections, the Town shall pay to the County the same fee per permit as established by the Weld County Building Code and adopted by Weld County for the unincorporated areas of Weld County. The fees will be billed to the Town on 1 a monthly basis. Such bills must be paid to the County within thirty (30) days of receipt. 4. If a plan check is required, the plan check fee charged to the Town shall be the same fee per plan check as established by the Weld County Building Code and adopted by Weld County for the unincorporated portions of Weld County. The plan check fees will be billed to the Town on a monthly basis. Such bills must be paid to the County within thirty (30) days of receipt. 5. Any existing permits which have not been finaled within the Town prior to the date of this Agreement shall be inspected at the rate of $12.00 per completed inspection for building, mechanical, and electrical inspections and $10.00 per completed inspection for plumbing inspections. The above fees will be billed to the Town on a monthly basis. Such bills must be paid to the County within thirty (30) days of receipt. 6. The County, in addition to its inspection duties, shall investigate complaints of code violations when so directed by an administrative officer of the Town or the Town Board. The County shall have no further obligation to pursue administrative, criminal or civil remedies as against the violator except that the County inspectors shall be available for testimony in any proceedings regarding the violation. 7. County agrees to provide the Towns with 30 days notice of any proposed amendments to the Weld County Building Code and fee schedules. 8. The Town shall not be liable for the direct payment of any salaries, wages, or other compensation to any personnel performing services herein for said County. 9. The County agrees, at its own expense, to procure adequate insurance against and to indemnify, defend and hold the Town harmless against any and all of the following types of claims: a. Claims by any County employee for compensation, fringe benefits of any kind whatever (including without limitation pension rights or payments, insurance of 2 any kind, reimbursement of medical expenses, vacation pay, sick leave, or sick pay) or indemnification for tort claim damages or similar claims for damages (e.g. , Section 1983 Claims) . b. Claims by any other party for damages for any alleged unlawful act or omission, negligent or willful, on the part of any County employee acting pursuant to this Agreement. 10. The County or its employee shall not be deemed to assume any liability for intentional or negligent acts of said Town or any officer, agent, or employee thereof, and the Town agrees to indemnify and hold the County harmless for any and all claims arising out of such acts. 11. Either party to this Agreement may cancel such Agreement upon thirty (30) days written notice to the other party. If such termination does occur, all structures that have had inspections made but are not completed at the time of termination may be completed through final inspection at the agreed fee rate if the Town so requests and if the County agrees to do so. The Town shall also pay all outstanding fees owed to the County within thirty (30) days of the notice of termination. 12. This agreement shall supercede and render null and void any previous agreement for building inspection services between Weld County and the Town of Milliken, 13. This Agreement may be renewed annually by written notice from one party to the other of an intent to renew. The failure of the other party to dissaffirm the renewal in writing within 30 days shall be deemed consent to the renewal for an additional one year period. 14. All notices to the County pursuant to paragraphs 11 and 13 of this Agreement shall be sent certified or registered mail, return receipt requested, addressed to the Board of County Commissioners of Weld County, P.O. Box 758, Greeley, Colorado 80632. 3 15. All notices to the Town, pursuant to paragraphs 7, 11, and 13, shall be sent certified or registered mail, return receipt requested, addressed to: Margaret Wakeman , Town Clerk P. 0. Box 290 _ Milliken, Cnlnradn ROSG9 IN WITNESS WHEREOF, the Town, by resolution duly adopted by its governing body, caused this Agreement to be signed by its mayor and attested by its clerk, and the County of Weld, by the County Board of Commissioners has caused these presents to be subscribed by the Chairperson of said board and the seal of said board to be affixed thereto and attested by the clerk of said board, all on the day and year first above written. ATTEST• atA# CL4p e BOARD OF OAR COUNTY,COUNTY COLORADO Weld County Clerk and Recorder and Clerk to the Board *( o} B6 eputy County Clerk hai ATTEST: TOWN OF Milliken ,ord is�2i�¢/IJZQ/N BY: �'ir�lc„ Town Clerk Mayor AGREEMENT/PLAN3 4 the Towq of(Minikes' Phone 587-4331 - 1109 Broad Street - P.O. Box 97 - Milliken, Colorado 80543 June 17, 1985 Mr. Chuck Cunliffe, Director Department of Planning Services 915 10th Street Greeley, CO 80631 Dear ChucK: I 've received your three copies of the standard agreement fcr building inspections and have signed and returned them. I 'm very pleased that your Department will be handling future inspections. Milliken will advise you in approximately 45 days of substantive differences between our codes. Presently, I anticipate that Milliken will make the same changes that Gilcrest and Platteville have. This will be discussed at the July meeting and the decision made at the August meeting. Presently, the Town has simply adopted the most recent uniform building code. Finally, with rare exceptions, that Town will not issue any new building permits for construction that requires installation of sanitation facilities. The State has imposed a sewer tap mortorium on the Town and we are prohibited from doing so. As a last request, we need to have your list of fees to charge. Would you send them as soon as possible? Si rely, Gayle ackard-Seeburger Milli n Town Manager og\W JUN 191985 Weld Co. Plum* Cammiss oo Hello