HomeMy WebLinkAbout860559.tiff RESOLUTION
RE: APPROVE ROAD MAINTENANCE AGREEMENT BETWEEN VESSELS OIL AND
GAS COMPANY 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 , on March 19 , 1986 , the Board approved an Amended Use
by Special Review for Vessels Oil and Gas Company, to allow
expansion of a gas processing facility, and
WHEREAS, pursuant to Development Standard No. 15 of said
Amended Use by Special Review, a Road Maintenance Agreement has
been presented to the Board for its approval, and
WHEREAS , the mutual covenants and conditions are as stated in
the Road Maintenance Agreement, a copy of which is attached hereto
and incorporated herein by reference, and
WHEREAS, after study and review, the Board deems it advisable
to approve said Agreement.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Road Maintenance
Agreement between Vessels Oil and Gas Company 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.
860559
Page 2
RE: ROAD MAINTENANCE AGREEMENT - VESSELS OIL & GAS
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 16th day of
June, A.D. , 1986 . .�
ATTEST: PASat r�J BOARD OF COUNTY COMMISSIONERS
�1 WELD COUNTY, COLORADO
Weld County Clerk and Recorder
and Clerk to the Board J cqu in so Chairman
BY: (Syjt�yjti v� G c , Tem
D putt' County Cl k
APPROVED AS TO FORM: ne R. Br ntner
EXCUSED
C.W. Kirby �(
County Attorney L ^%
F� a3 gush'?�
860559
COUNTY OF WELD, STATE OF COLORADO
ROAD MAINTENANCE AGREEMENT.
THIS AGREEMENT, made by and entered into this 16th day of June, 1986,
by and between the COUNTY OF WELD, STATE OF COLORADO, hereinafter called
"County", and VESSELS OIL AND GAS COMPANY, hereinafter called "Vessels" and
WHEREAS, Vessels has applied to the County for a Use by Special Review
Permit for a natural gas processing plant in the Southeast Quarter (SEa) of
Section 28, Township 1 North, Range 67 West of the 6th P.M. , Weld County,
Colorado (Amended USR 589:85:62) and
WHEREAS, the gas processing plant generates an increase in heavy
traffic, and
WHEREAS, the existing county roads that serve the plant may require
increased maintenance due to the increase in heavy truck traffic, and
WHEREAS, the County and Vessels have reviewed maintenance proposals
put forth by Vessels , and both parties agree that such maintenance will
enhance the accessibility and safety of the roads that serve said gas
processing plant.
NOW THEREFORE, in consideration of the mutual covenants and conditions
hereinafter set forth, County and Vessels mutually agree as follows :
1. The county roads which service the processing plant shall be
limited to Weld County Road 19 from the point of ingress and
egress south on WCR 19 to WCR 2 (1.0 mile) and north on WCR 19
to WCR 6 ( 1.0 mile) . This haul route restriction shall be
posted by the owner at the processing plant and be visible to
all users.
2. Vessels agress to upgrade the haul roads with 1" of gravel
(Class 6 A.B.C. ) at a time in the future when additional gravel
is needed and requested by County.
3. Vessels agrees to excavate and repair any damage on said road
such as soft spots or potholes that have been created by heavy
truck hauling from Vessels' plant, as determined by Vessels and
the Weld County Engineer. In the event of a dispute between
Vessels and Weld County Engineer, Vessels may appeal the decision
of the Engineer to the Board of County Commissioners. Should the
dispute not be resolved by decision of the Board, either party may
bring legal action to determine if the damage was created by
Vessels and for recovery of costs of repair. Regular normal
maintenance will continue to be handled by the County.
860559
4. Vessels agrees to provide dust abatement in front of each
occupied residence along the route described in Item 1.
The length of road to be treated in front of each residence
shall be determined by the Weld County Engineer, but shall
extend approximately 200 feet each side of occupied residence.
Water, asphaltic emulsions, waste oil or commercially available
chemicals may be used to control dust. Vessels is responsible
for using materials and methods not inconsistent with any
federal , state, or local laws, rules or regulations pertaining
to hazardous materials, health, or environmental protection.
Vessels will work with the County Engineer to determine the
abatement work shall be coordinated with the County Engineer.
5. At any time in the future, if road damage due to Vessels and
others has increased beyond the point that repairing cannot
reasonably restore the road, Vessels will cooperate with the
County and other trucking entities in the reconstruction of
those parts of said road.
6. When repair or reconstruction is required, the details of such
reconstruction will be as specified by County. Vessels '
responsibility for repair and/or reconstruction will be limited
to maintenance of the road in a condition similar to adjacent
roads as determined by sampling and testing of the existing roads
by the Weld County Engineering Department.
7. All construction and materials will be in accordance with the
State Department of Highways , Division of Highways , State of
Colorado, Standard Specifications for Road and Bridge Construction,
1981.
8. The term of this Agreement is from the date of entering as
aforementioned, and shall run continously until Vessels ceases
its operation of said plant, or until Vessels ceases to use
the road for hauling products from the plant.
9. County shall be responsibile for the payment of costs due in
future fiscal years only if funds are appropriated and are
otherwise available for the services and functions which are
described herein.
10. In the event of default by Vessels, the County's remedies hereunder
shall include, but not be limited to the right to conduct
administrative proceedings and to consider revocation of amended
USR:589:85:62.
11. Venue for any cause of action arising hereunder shall be Weld
District Court.
IN WITNESS WHEREOF, the parties hereto have duly executed the
agreement the day and year first above written.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
B ---
Jac line J nson, Chairman
ATTEST: 4uZ
Weld County 8erk and Recorder
and Clerk to the Board
,I
O �{
) 2ountYClerk
VESSELS OIL AND GAS COMPANY
BY:
Michael S. Oland
TITLE:
Gas Engineering & Operations
Manager
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