HomeMy WebLinkAbout930791.tiff RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR ADMINISTRATION OF CITY OF GREELEY
MUNICIPAL COURT APPROVED PUBLIC SERVICE 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 Intergovernmental Agreement
for Administration of City of Greeley Municipal Court Approved Public Service
between the City of Greeley and Weld County, Colorado, commencing July 21, 1993,
and ending June 30, 1994, with further terms and conditions being as stated in
said agreement, and
WHEREAS, after review, the Board deems it advisable to approve 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 Intergovernmental Agreement for Administration of City
of Greeley Municipal Court Approved Public Service between the City of Greeley
and Weld County, Colorado, 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 11th day of August, A.D. , 1993, nunc pro
tunc July 21, 1993.
/
1 � BOARD OF COUNTY COMMISSIONERS
ATTEST: r f ,� 1-44"x% WEL OUNTY, COLORADO
Weld County Clerk to the Board
/� �y� Constance L. H r ert, Chairman
BY: �' it K C v R( M to dL- i JJx
Deputy werk to the Board W. Web ter, fro-Tem
APPROVED AS TO FORM: c. -74%Ge� Baxt r
' County Attotne'y Dale K. Hall
EXCUSED
Barbara J. Kirkmeyer
930791
PCDC31g
INTERGOVERNMENTAL AGREEMENT
FOR
ADMINISTRATION OF CITY OF GREELEY
MUNICIPAL COURT APPROVED PUBLIC SERVICE
THIS INTERGOVERNMENTAL AGREEMENT is made this // 111 day of
, 1993, by and between the City of Greeley, Colorado,
with is principle place of business at 1000 Tenth Street, Greeley,
Colorado 80631, by and through its City Council, hereinafter
referred to as "Greeley, " and the County of Weld, State of
Colorado, the County government with its principle place of
business being the Centennial Center, 915 Tenth Street, Greeley,
Colorado 80631, by and through the Board of County Commissioners of
Weld County, hereinafter referred to as "Weld County. "
WITNESSETH:
WHEREAS, Greeley has recently enacted an ordinance which
amends Section 10 .24 . 061 of the Greeley City Code providing for the
forfeiture of the drivers licenses of persons convicted of
possessing or consuming ethyl alcohol while aged 18, 19 , or 20
years and allowing said persons to complete not less than 24 hours
of court-approved public service, a copy of which is attached
hereto and is referred to herein as "Exhibit A, " and
WHEREAS, Greeley is in need of the services of administration
for said court-approved public service, and
WHEREAS, Weld County, by and through its Useful Public Service
Department, has the personnel and organization to accomplish said
administration of court-approved public service, and
WHEREAS, intergovernmental agreements between Greeley and Weld
County are authorized, pursuant to the Greeley City Charter, the
Weld County Home Rule Charter, and state statute.
NOW, THEREFORE, in consideration of the mutual promises and
covenants contained herein, parties hereto agree as follows :
1 . TERM: The term of this Intergovernmental Agreement shall
be from July 21, 1993 to and until June 30, 1994, unless
sooner terminated by either party pursuant to the
provisions of paragraph 5 below.
2 . ADMINISTRATIVE SERVICES TO BE PROVIDED BY WELD COUNTY:
Weld County agrees to administer the court-approved
public service which is specified and contemplated in
subparagraph M of Section 10 . 24 . 061 of the Greeley City
Code.
3 . REFERRALS BY GREELEY: Greeley agrees to the following
rules regarding referrals of those persons subject to
930791
subparagraph M of Section 10 .24 . 061 of the Greeley City
Code:
a. All referrals to Weld County for the administration
of court-approved public service shall be made by
completing a referral using the form which is
attached hereto and is referred to herein as
"Exhibit B. "
b. Greeley shall require all persons so referred to
contact Weld County within two business days after
the Municipal Court approves public service
pursuant to said section of the Greeley City Code.
c. If the defendant so referred does not spend the
requisite time in the Useful Public Service Program
as required by the Municipal Court, Greeley may
make subsequent referrals under the same case
number; however, the payment as set forth in
section 4 below shall be for each referral made,
regardless of whether or not it is in the same
case. Greeley may make up to three referrals in
the same case.
4 . PAYMENT TERMS: Each person referred to Weld County for
administration of court approved public service shall pay
the sum of $60 per referral . Said sum shall be paid
prior to entry into the program. Greeley agrees to
require by judicial order each person so referred to pay
the sum of $60 to Weld County by personal check or money
order upon entering the program.
5 . TERMINATION: Either party may terminate this Agreement
at any time for any reason by giving the other party a 30
day written notice of termination. Additionally, either
party may terminate this Agreement without notice upon a
material breach of the terms of this Agreement by the
other party.
6 . MISCELLANEOUS :
a. This Agreement shall be binding and inure to the
benefit of Weld County and Greeley.
b. No alteration or variation of the terms of this
Agreement shall be valid unless made in writing and
signed by the parties hereto.
c. Greeley or Weld County may not assign or transfer
this Agreement, any interest therein, or claim
thereunder without prior written approval of the
other party.
d. The relative liabilities of Greeley and Weld County
for any action brought as a result of any injury to
a person or property shall be determined in
9u0 c791
accordance with Section 13-21-111 . 5, C.R. S . ( 1987
Replacement Volume) . Weld County shall provide
necessary Workmen' s Compensation Insurance at its
own cost for its own employees .
e. No portion of this Agreement shall be construed to
confer a benefit or right of a cause of action
lying in tort, contract, or otherwise upon any
person or entity not a party to this Agreement.
Furthermore, no portion of this Agreement shall be
deemed to constitute a waiver of any governmental
or personal immunities held by the parties or their
officers, agents, and/or employees .
f. All notices required to be given under the terms of
this Agreement shall be effective upon the dispatch
of a copy of the notice, first class mail, postage
prepaid, certified or registered mail, return
receipt requested. Notice to Greeley shall be
given to Mayor of the City of Greeley, 1000 Tenth
Street, Greeley, Colorado 80631 . All notices to
Weld County shall be given to the Board of County
Commissioners of Weld County, Colorado, P.O.
Box 758, Greeley, Colorado 80632 .
IN WITNESS WHEREOF, the parties heret9; have caused this
Agreement to be executed this //t5 day of C/ uRa.r_1/: , 1993 .
ATTEST:
TTEST Pda,GG2 COUNTY OF WELD, STATE OF COLORADO,
BY AND THROUGH THE BOARD OF COUNTY
CLERK TO THE BOARD OF COMMISSIONERS OF WELD COUNTY
COUNTY COMMISSIONERS
BY: ,.f r LL .i BY: -�� '�`��1 a /"�LaetcL
Deputy lerk to t e Boa Constance L. Harbert, Chal.rman
ATTEST: N CITY OF GREELEY, COLORADO, BY AND
r THROUGH THE GREELEY CITY COUNCIL
BY: � �, �� /(' ! )14_6(L/s2 BY--: Z0--(�
j. William L rt n, Mayor
APPROVED AS TO SUBSTANCE: APPROVED AS TO LEGAL FORM:
BY( �" BY: P Lk P n 1�j
Patfl Grattet, City Manager Richard P. Brady, City Attorney
iagreeley.gjb
9Z.);0791
C
CITY OF GREELEY, COLORADO Exhibit A
ORDINANCE NO. , 1993
AN ORDINANCE PROVIDING FOR THE FORFEITURE OF THE DRIVER'S LICENSE
OF PERSONS CONVICTED OF POSSESSING OR CONSUMING ETHYL ALCOHOL WHILE
AGED EIGHTEEN, NINETEEN, OR TWENTY YEARS OF AGE.
BE IT ORDAINED BY THE CITY COUNCIL OF GREELEY, COLORADO:
Section i. Section 10. 24 . 061 of the Greeley City Code, a copy
of which is attached hereto and incorporated herein, is hereby
amended to add the following sections:
L. Immediately upon a plea of guilty or no contest
(except when such plea is entered in conjunction with a
deferred sentence) , or a verdict of guilty by the court
or jury, to a violation of subsection B of this section,
in addition to any other penalty, the court may require
the offender to immediately surrender his driver's, minor
driver's, or provisional driver's license, to the court.
The court shall forward to the Colorado Department of
Revenue a notice of conviction, together with the
offender's license, not later than ten (10) days after
the conviction becomes final.
M. In lieu of forwarding the notice of conviction
and the driver's license to the Colorado Department of
Revenue as specified in subsection L of this section, the
court may, in its discretion and as a part of the
sentence to be imposed, require a person not previously
convicted of possession or consumption of alcohol within
the city or in any other jurisdiction, to complete not
less than 24 hours of court-approved public service.
Upon the verified completion of such public service, and
the payment of all costs associated with such public
service, the court shall return the driver's license to
the offender and shall not forward notice of the
conviction to the Colorado Department of Revenue.
However, if it is established by a preponderance of the
evidence that the offender operated a motor vehicle upon
a public roadway during the time period between the order
to surrender the license to the court and the receipt by
the court of proof of completion of the public service,
then the court shall forward the notice of conviction to
the Colorado Department of Revenue notwithstanding the
successful completion of the public service. This
subsection M shall not be applicable upon a second or
subsequent conviction of subsection B.
N. It is unlawful for any person to fail to
surrender his license to the court within three (3) days
of his plea of guilty or no contest, or verdict of guilty
to a violation of subsection B of this section, if the
court orders such surrender.
0 INION
N0."
r15 9C0:y91.
(^
O. Whenever the court requires that a person
complete any amount of public service pursuant to
subsection M of this section, the court shall also impose
upon that person, in addition to any other fine, cost or
penalty, a public service fee in an amount set by the
court to cover all administrative, contract, or insurance
costs of the court-approved public service.
Section 2 . This ordinance shall become effective five (5)
days after its final publication, as provided by the Greeley City
Charter.
PASSED AND ADOPTED, SIGNED AND APPROVED this day of
, 1993 .
ATTEST: THE CITY OF GREELEY, COLORADO
By:
City Clerk Mayor
SSp
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2
9a0791;79'1
INTERCOUNTy REFERRAL kc
TO : Agency name
Address
Name of offender Case No .
Date of Birth Address
Home phone number Work phone number ff
Sentencing date Offense
Completion deadline Number of hours
The offender is/is not covered under a medical policy and is/is
not covered under a liability policy and has been assessed a
$ fee by the Court.
COMMENTS ( prior record/health information)
Upon completion or termination of this placement, please
indicate :
successfully completed/date completed :
did not complete/total hours completed:
no contact
COMMENTS :
By Date
( authorized signature)
THANK YOU FOR YOUR ASSISTANCE. PLEASE RETURN COMPLETED REFERRAL
TO:
Exhibit B
920791.
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