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HomeMy WebLinkAbout860520 RESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF SUPERVISORS OF THE WEST GREELEY SOIL CONSERVATION DISTRICT AND WELD COUNTY AND AUTHORIZE 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 Board has been presented with an Inter- governmental Agreement between the Board of Supervisors of the West Greeley Soil Conservation District and Weld County regarding the levy of taxes for the West Greeley Soil Conservation District , and WHEREAS, the terms and conditions of said Intergovernmental Agreement are as stated in the Agreement , a copy being attached hereto and incorporated herein by reference, and WHEREAS, after review, the Board deems it advisable to approve said Intergovernmental Agreement. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Intergovernmental Agreement between the Board of Supervisors of the West Greeley Soil Conservation District and Weld County regarding the levy of taxes for the West Greeley Soil Conservation District be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said Intergovernmental Agreement. 4 O3 e D - a^-care (Zee -✓izo«y 860520 Page 2 RE: INTERGOVERNMENTAL AGREEMENT - WEST GREEI:EY SCD The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 28th day of May, A.D. , 1986 . BOARD OF COUNTY COMMISSIONERS ATTEST ;Ala WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board J cqu ine h son, Chairman 1Y2it-w(.° a/ a✓ Go c r em Deputy County Clerk APPROVED AS TO FORM: Gene R. Bran ner . C.W. K rb oun y Attor ey F i Ya u 860520 INTERGOVERNMENTAL AGREEMENT RE: WEST GREELEY SOIL CONSERVATION DISTRICT LEVY OF TAXES THIS AGREEMENT, made on the 28th day of May 1986 , between the BOARD OF SUPERVISORS OF THE WEST GREELEY SOIL CONSERVATION DISTRICT (hereinafter the "District" ) , and the BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, and the WELD COUNTY ASSESSOR (collectively hereinafter referred to as the "County") . WHEREAS, the qualified voters of the District have voted to levy a tax on real property within the District of one-half of one mill for the general purposes of the District, and WHEREAS, it is the obligation of the District to certify to the Board of County Commissioners the amount of assessment or tax to be levied against those lands identified as being within the District pursuant to CRS, §35-70-111 , and WHEREAS, it is the duty of the Assessor to provide a valuation of properties within the County, to prepare a tax roll from the levy made by the Board of County Commissioners, and certify to the Assessor, and WHEREAS, the work involved in the District in preparing a list of properties within the District to be certified to the Board of County Commissioners would, in part, be duplicated by the work which would be required of the Assessor to prepare the tax rolls by reference to parcels, and WHEREAS, the County and the District are authorized to cooperate and enter into intergovernmental agreements for the purpose of carrying out the duties and powers of each of the entities pursuant to CRS, §29-1-201 , et seq. , Article II, Section 2-3 , of the Weld County Home Rule Charter; and CRS, 35-70-117 , and WHEREAS, the County and the Weld County Assessor' s Office have individuals who are trained in review of property ownership, and WHEREAS, the District will be receiving taxes for the tax year of 1986 but will not begin receiving those until after January 1 , 1987. NOW, THEREFORE, in consideration of the foregoing, the District and County mutually agree and covenant as follows : 1 . That the purposes for this Agreement are to provide for an orderly and efficient procedure to ensure that the West Greeley Soil Conservation District mill levy is fairly and accurately Page 1 of 3 Pages 860520 levied upon lands within the District as soon as is practicable, to provide for the sharing of costs to see that those lands are accurately incorporated in the tax rolls, and to provide that the District be able to operate in anticipation of revenues from said tax levy. 2. The District agrees to pay two-thirds of the actual cost of researching and preparing a list of realty included within the District and for incorporation of that information into the Assessor' s Parcel Identification System up to the maximum cost to the District of $7 , 400 . 00 . The County will pay the remaining costs and bill the District for the District' s share of costs. 3. The County agrees to advance the sum of $9 ,000 . 00 in anticipation of tax revenues at an interest rate of 71% per annum, compounded monthly, in increments that are required for the operation of the West Greeley Soil Conservation District up until April 1 , 1987. Upon April 1 , 1987 , the full sum of said advances and interest thereon shall become immediately due and payable. 4 . The actual cost of the property research referred to in paragraph 2 shall be assessed at a rate of $15. 00 per hour for employees and a rate of $20 . 63 per hour for the services of the Chief Deputy Assessor, with an additional cost of 7. 15% for the actual cost of social security contribution for said personnel. It is understood that these personnel are already experienced in the procedures necessary to accomplish having the District lands placed on the tax rolls. 5 . The County and the District agree to cooperate to the fullest extent allowed by law in the sharing of information necessary for the preparation of the tax roll. 6 . This Agreement may be reviewed and revised at any time by mutual agreement and appropriate legislative action by the District and the County. 7. This Agreement constitutes the entire agreement between the District and the County, and neither the District nor the County shall be bound by any requirement which is not specifically stated in this Agreement. 8 . If any provision of this Agreement is subsequently declared, by legislative or judicial authority, to be unlawful, unenforceable, or not in accordance with applicable law, statute, or regulation of the United States of America and the State of Colorado, all of the provisions of the Agreement shall remain in full force and effect for the duration of this Agreement. The parties shall meet as soon as possible to agree on an appropriate substitution provision for the provision declared unlawful. c'r Page 2 of 3 Pages WHEREFORE, the respective parties set their hands and seals hereto this 28th day of May , 1986. WEST GREELEY SOIL CONSERVATION DISTRICT By: V) d iLAlt L€�vi-��.�C BOARD OF COUNTY COMMISSIONERS ATTEST: ‘7116, t ni WELD COUNTY, COLORADO Weld County Clerk and Recorder By: and Clerk to the Board Ja quel e Joh on, Chairman By Dan CAmT ' bt WELD COUNTY ASSESSOR Deputy Clerk APPROVED AS T F Herb H. Hansen ou ty Attorne (77/AA441\ 20 Page 3 of 3 Pages Hello