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HomeMy WebLinkAbout860432.tiff RESOLUTION RE: APPROVE FACTORY ROAD STORM DRAIN AGREEMENT 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, an agreement between Weld County, Colorado, and the Town of Eaton , concerning correcting the drainage problem which exists along Factory Road, which is located partially in the Town of Eaton and partially in Weld County, and WHEREAS, the terms are as stated in the agreement , a copy of which is attached hereto and incorporated herein by reference, and WHEREAS, the Board has studied said agreement and deems it in the best interests of Weld County to approve same. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Factory Road Storm Drain Agreement between Weld County, Colorado, and the Town of Eaton be, and hereby is , approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is authorized to sign said Storm Drain Agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 30th day of April, A.D. , 1986 . �] `j t BOARD OF COUNTY COMMISSIONERS ATTEST:\ 6L / t(&tflO' WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED DATE OF SIGNING - AYE and Clerk to the Board Jacqueline ohnson, Chairman fTYK�rn,�� y _ Go :t La , o-Tem e ut County lerk P Y EXCUSED DATE SIGNING - AYE APPROVED AS TO FORM: Gene R. Brantner C.W.� y,�r� c :.. County Attorney led i/id ra Fra Ya a uc O / A ', 860432 TOWN OF EATON RESOLUTION NO. 86-2 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE TOWN OF EATON AND WELD COUNTY, COLORADO FOR REPAIR OR REPLACEMENT OF A DRAIN TILE ON FACTORY ROAD. BE IT RESOLVED BY THE TOWN BOARD OF TRUSTEES OF THE TOWN OF EATON, COLORADO: The agreement between the Town of Eaton and Weld County, a copy of which is attached hereto, is approved and the Mayor is authorized and directed to sign and the Clerk is authorized and directed to attest and deliver said agreement to the Weld County Board of County Commissioners . PASSED AND ADOPTED, SIGNED AND APPROVED this 14th day of April , 1986 . TOWN OF EATON,/�1 COLORADO BY I � l 'X�ww ' — Mayor ATTEST: Town Clerk FACTORY ROAD STORM DRAIN AGREEMENT This Agreement is made this 14th day of April , 1986 , by and between the BOARD OF TRUSTEES OF THE TOWN OF EATON, hereinafter referred to as "Town of Eaton, " and the BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, hereinafter referred to as "Weld County. " WHEREAS, there is presently existing a drainage problem along Factory Road, portions of which are within the County of Weld and portions of which are within the Town of Eaton; and WHEREAS, it is in the interest of both Weld County and the Town of Eaton to correct this drainage problem; and THEREFORE, THE PARTIES AGREE AS FOLLOWS; 1. The Town of Eaton shall have the overall responsibility of hiring a contractor and supervising the project for the drainage improvements along Factory Road. 2. There is an existing drain on Factory Road which shall be inspected by the Town of Eaton and determined to be sound before the project is commenced. 3. Upon completion of the drainage project, the Town of Eaton shall forward all documentation, including invoices, to Weld County. 4 . Weld County shall reimburse the Town of Eaton for one half of the total cost of the project as shown by the aforementioned invoices . However, Weld County' s obligation for reimbursement shall not exceed a total of Two Thousand Six Hundred and no/100 Dollars ( $2,600. 00 ) . Weld County agrees to forward its share of the costs to the Town of Eaton within thirty ( 30 ) days of receipt of the invoices. 5 . Once the project is completed, the Town of Eaton shall have the future responsibility for any needed maintenance and/or replacement of the drain. 6 . This agreement represents the entire and integrated agreement between the parties and supersedes all prior negotiations , representations , or agreements, either written or F„(T a -1', oral . This agreement may be amended only by written instrument signed by both parties. 7. This agreement shall be governed by the laws of the State of Colorado. TOWN OF EATON, COLORADO ATTEST: /trLA-- �//Cri---- - By 44' C, j - _--- Town Clerk Mayor BOARD OF COUNTY COMMISSIONERS -{- OF THE COUNTY OF WELD 1/41111 � ?lY 6�-ATTEST: V J Bapc.,cierp' e4n Clerk of the Board of County Commissioners puty County Clerk ll k Hello