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Home My WebLink About900335.tiff RESOLUTION RE: AUTHORIZING THE DELEGATION OF THE COUNTY'S AUTHORITY AND POWER TO FINANCE SOLID WASTE DISPOSAL FACILITIES LOCATED WITHIN THE COUNTY; AUTHORIZING THE PROPER OFFICERS OF THE COUNTY TO EXECUTE AND DELIVER A DELEGATION AGREEMENT AND ANY OTHER NECESSARY DOCUMENTS; AND REPEALING INCONSISTENT RESOLUTIONS 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, pursuant to the County and Municipality Development Revenue Bond Act, Part 1 of Article 3 of Title 29 , Colorado Revised Statutes, as amended (the "Act") , Colorado counties are authorized to issue revenue bonds for the purpose of financing solid waste disposal facilities located within their boundaries and enter into financing agreements (as defined in the Act) with respect to such projects, and WHEREAS, the Act and Part 2 of Article 1 of Title 29 , Colorado Revised Statutes , as amended, provide, in effect, that a Colorado county may by resolution delegate to any other Colorado county or municipality its authority under the Act to finance projects under the Act, and WHEREAS, Boulder County, Colorado, ("Boulder County") , has agreed to finance solid waste disposal facilities for Pro-Cyss Waste Longmont, Inc. , a Colorado corporation (the "Company" ) , consisting of buildings and equipment at a processing site owned by and located in the City of Longmont, Colorado (the "City" ) , in Boulder County, buildings and equipment at a composting site owned by the City and located in Weld County, Colorado, ("Weld County") , and equipment at a landfill site owned by XTRA Corporation, a Colorado corporation, and located in Weld County (collectively, the "Project") , and WHEREAS, the Company desires Weld County to delegate to Boulder County its authority and powers under the Act with respect to those portions of the Project located in Weld County in order to permit the financing of the entire Project without needless expense and duplication of effort, and 900335 Al L007/ Page 2 RE: DELEGATION AGREEMENT - BOULDER COUNTY AND PRO-CYSS WASTE WHEREAS , the Board of County Commissioners of Boulder County has indicated its willingness to accept the delegation of Weld County' s powers under the Act with respect to those portions of the Project located in Weld County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, as follows: Section 1 . The Board of County Commissioners of Weld County (the "Board" ) hereby delegates to Boulder County all authority of Weld County to finance and otherwise take action and exercise power under the Act on behalf of Weld County with respect to those portions of the Project located in Weld County. Section 2 . The Board hereby authorizes the execution and delivery of a Delegation Agreement, dated as of May 1 , 1990 , (the "Delegation Agreement") , between Weld County, Boulder County, and the Company, in substantially the form attached hereto as Exhibit A. The Delegation Agreement shall be executed by the Chairman of the Board, shall bear the seal of Weld County, and shall be attested by the County Clerk and Recorder of Weld County. The Chairman of the Board and the County Clerk and Recorder are hereby authorized and directed to date, execute and deliver such other documents and to take such other action as may be necessary or appropriate in order to effectuate the terms of the Delegation Agreement, all in accordance with this Resolution and the Act. Section 3 . All acts, orders, resolutions or parts thereof taken by Weld County and in conflict with this Resolution are hereby repealed, except that this repealer shall not be construed so as to revive any act, order, resolution or part thereof heretofore repealed. Section 4 . If any paragraph, clause or provision of this Resolution is judicially adjudged invalid or unenforceable, such judgment shall not affect, impair or invalidate the remaining paragraphs, clauses or provisions hereof, the intention being that the various paragraphs , clauses or provisions hereof are severable. Section 5 . This Resolution shall take effect immediately upon its adoption. 900335 Page 3 RE: DELEGATION AGREEMENT - BOULDER COUNTY AND PRO-CYSS WASTE The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 23rd day of April, A.D. , 1990 . e�c.J f2utS4 BOA OF COUNTY COMMISSIONERS ATTEST: WE OUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Bo rd Gene R. Bra er, Chairman (7)1(-444-cr. , eorg edy, Pro- em Deputy County Jerk APPROVED AS TO FORM: Constance L. H b W. (NAY) C.W. Kir y County Attorney EXCUSED Gordon E . Lacy 900335 EXHIBIT A DELEGATION AGREEMENT This Delegation Agreement, dated as of May 1 , 1990 , (this "Delegation Agreement") , is among Weld County, Colorado, ("Weld County") , Boulder County, Colorado , ("Boulder County") , and Pro-Cyss Waste Longmont, Inc. , a Colorado corporation (the "Company") . WITNESSET H: 1 . Preliminary Statement. Among the matters of mutual inducement which have resulted in the execution of this Delegation Agreement are the following: (a) Weld County and Boulder County are political subdivisions of the State of Colorado, each authorized by the provisions of the County and Municipality Development Revenue Bond Act, Part 1 of Article 3 of Title 29 , Colorado Revised Statutes, as amended (the "Act") , to issue revenue bonds for the purpose of financing one or more projects or parts thereof located within their boundaries suitable or used for or in connection with any solid waste disposal facilities and to enter into financing agreements (as defined in the Act) with respect to such projects, upon such terms and conditions as their governing bodies may deem advisable. (b) The Act and Part 2 of Article 1 of Title 29 , Colorado Revised Statutes, as amended, provide , in effect, that a Colorado county may by resolution delegate to any other Colorado county or municipality its authority under the Act to finance projects under the Act. (c) The Company requested Boulder County to issue revenue bonds pursuant to the provisions of the Act in order to finance solid waste disposal facilities consisting of buildings and equipment at a processing site owned by and located in the City of Longmont, Colorado (the "City") , in Boulder County, buildings and equipment at a composting site owned by the City and located in Weld County, and equipment at a landfill site owned by XTRA Corporation, a Colorado corporation, and located in Weld County (collectively, the "Project") . 900335 Page 2 DELEGATION AGREEMENT - BOULDER COUNTY AND PRO-CYSS WASTE (d) After notice and a public hearing, Boulder County approved the Company' s application, adopted a resolution declaring its intention to issue the bonds as requested by the Company and received a private activity bond volume cap allocation in the amount of $4 ,000 ,000 from the Colorado Department of Local Affairs . (e) The Company desires Weld County to delegate to Boulder County its authority and powers under the Act with respect to those portions of the Project located in Weld County in order to permit the financing of the entire Project without needless expense and duplication of effort. (f) The Board of County Commissioners of Weld County has indicated its willingness to delegate to Boulder County its authority and powers under the Act to finance those portions of the Project located in Weld County. (g) The Board of County Commissioners of Boulder County has indicated its willingness to accept the delegation by Weld County to finance such portions of the Project. 2 . Delegation by Weld County. Pursuant to the Act and Part 2 of Article 1 of Title 29 , Colorado Revised Statutes, as amended: (a) The Board of County Commissioners of Weld County hereby delegates to Boulder County all authority of Weld County to finance and otherwise take action and exercise power under the Act on behalf of Weld County with repect to those portions of the Project located in Weld County. (b) The Board of County Commissioners of Weld County agrees that it will take such further action and adopt such further proceedings as may be required to implement the terms of this Delegation Agreement. 3 . Acceptance of Delegation by Boulder County. Pursuant to the Act and Part 2 of Article 1 of Title 29 , Colorado Revised Statutes, as amended: (a) The Board of County Commissioners of Boulder County hereby accepts the delegation granted to it by Weld County, subject to the terms and conditions herein contained. (b) The Board of County Commissioners of Boulder County agrees that it will finance the Project, subject to terms and conditions agreed upon by Boulder County and the Company. 900335 Page 3 DELEGATION AGREEMENT - BOULDER COUNTY AND PRO-CYSS WASTE 4 . Agreement of the Company. (a) The Company agrees that it will reimburse Weld County and Boulder County for all reasonable expenses Weld County and Boulder County may incur arising from the execution of this Delegation Agreement and the performance by Weld County and Boulder County of their obligations hereunder. (b) The Company will indemnify and hold Weld County and Boulder County free and harmless from any loss , claim, damage, tax, penalty, liability, disbursement, litigation expense, attorney' s fee and expense or court cost arising out of, or in any way relating to, the execution or performance of this Delegation Agreement, the financing of the Project, or any other cause whatsoever pertaining to the delegation by Weld County of its authority to Boulder County to finance those portions of the Project located in Weld County. (c) The Company agrees that it will take such further action and adopt such further proceedings as may be required to implement the terms of this Delegation Agreement. 5 . General Provisions . (a) This Delegation Agreement is hereby declared irrevocable during the term of the financing agreement (as defined in the Act) to be entered into by Boulder County and the Company with respect to the Project. (b) This Delegation Agreement shall automatically terminate 36 months from the date hereof if Boulder County has not entered into the financing agreement described in paragraph 5 (a) above, provided that nothing herein shall be deemed to prevent Boulder County and Weld County from entering into a subsequent delegation agreement with respect to those portions of the Project located in Weld County upon such termination of this Delegation Agreement. (c) Nothing contained in this Delegation Agreement shall obligate Boulder County to finance all of the Project, and Boulder County shall finance only such part of the Project as shall be agreed upon by Boulder County and the Company. (d) This Delegation Agreement shall not constitute the debt or indebtedness of Weld County or Boulder County within the meaning of the Constitution or statutes of the State of Colorado nor give rise to a pecuniary liability or a charge against the general credit or taxing powers of either Weld County or Boulder County. 900335 Page 4 DELEGATION AGREEMENT - BOULDER COUNTY AND PRO-CYSS WASTE IN WITNESS WHEREOF, the parties hereto have entered into this Delegation Agreement. WELD C TY, COLORADO BY , D41,241(1.4 ..- Chairman Board of County Commissioners [SEAL] +,�� Attest: 1 1 � By GYK-t1ti 0 ' �, Cou ty Clerk and Re`eorder Approved as - r' -4:( .....„ Weld County Attorney f By : --(26-0,,,,,-- / 1 / C7:7-- '7.-- _ X County Attorney BOULDER COUNTY, COLORADO By Chair Board of County Commissioners [SEAL] Attest: By County Clerk and Recorder 900335 Page 5 DELEGATION AGREEMENT - BOULDER COUNTY AND PRO-CYSS WASTE PRO-CYSS WASTE LONGMONT, INC. a Colorado corporation By President [SEAL] Attest: By Secretary 900335 BD5241 .A(PF) 04/16/90 DELEGATION AGREEMENT This Delegation Agreement, dated as of May 1, 1990 (this "Delegation Agreement" ) , is among Weld County, Colorado ( "Weld County" ) , Boulder County, Colorado ( "Boulder County" ) , and Pro-Cyss Waste Longmont, Inc . , a Colorado corporation (the "Company" ) . WAINEESF: T �3- 1. preliminary Statement. Among the matters of mutual inducement which have resulted in the execution of this Delegation Agreement are the following: (a) Weld County and Boulder County are political subdivisions of the State of Colorado, each authorized by the provisions of the County and Municipality Development Revenue Bond Act, part 1 of article 3 of title 29, Colorado Revised Statutes, as amended (the "Act" ) , to issue revenue bonds for the purpose of financing one or more projects or parts thereof located within their boundaries suitable or used for or in connection with any solid waste disposal facilities and to enter into financing agreements (as defined in the Act) with respect to such projects, upon such terms and conditions as their governing bodies may deem advisable. (b) The Act and part 2 of article 1 of title 29, Colorado Revised Statutes, as amended, provide, in effect, that a Colorado county may by resolution delegate to any other Colorado county or municipality its authority under the Act to finance projects under the Act. (c) The Company requested Boulder County to issue revenue bonds pursuant to the provisions of the Act in order to finance solid waste disposal facilities consisting of buildings and equipment at a processing site owned by and located in the City of Longmont, Colorado (the "City" ) , in Boulder County, buildings and equipment at a composting site owned by the City and located in Weld County, and equipment at a landfill site owned by XTRA Corporation, a Colorado corporation, and located in Weld County (collectively, the "Project" ) . (d) After notice and a public hearing, Boulder County approved the Company' s application, adopted a resolution declaring its intention to issue the bonds as requested by the Company and received a private activity bond volume cap allocation in the amount of $4, 000, 000 from the Colorado Department of Local Affairs. 9t6 0335 (e) The Company desires Weld County to delegate to Boulder County its authority and powers under the Act with respect to those portions of the Project located in Weld County in order to permit the financing of the entire Project without needless expense and duplication of effort. (f) The Board of County Commissioners of Weld County has indicated its willingness to delegate to Boulder County its authority and powers under the Act to finance those portions of the Project located in Weld County. (g) The Board of County Commissioners of Boulder County has indicated its willingness to accept the delegation by Weld County to finance such portions of the Project. 2 . Delegation by Weld County. Pursuant to the Act and part 2 of article 1 of title 29, Colorado Revised Statutes, as amended: ( a) The Board of County Commissioners of Weld County hereby delegates to Boulder County all authority of Weld County to finance end otherwise take action and exercise power under the Act on behalf of Weld County with respect to those portions of the Project located in Weld County. (b) The Board of County Commissioners of Weld County agrees that it will take such further action and adopt such further proceedings as may be required to implement the terms of this Delegation Agreement. 3 . Acceptance of Delegation by Bostlder County. Pursuant to the Act and part 2 of article 1 of title 29, Colorado Revised Statutes, as amended: ( a ) The Board of County Commissioners of Boulder County hereby accepts the delegation granted to it by Weld County, subject to the terms and conditions herein contained. (b) The Board of County Commissioners of Boulder County agrees that it will finance the Project, subject to terms and conditions agreed upon by Boulder County and the Company. 4. Agreement of the Company. ( a) The Company agrees that it will reimburse Weld County and Boulder County for all reasonable expenses Weld County and Boulder County may incur arising from the execution of this 'Delegation Agreement and the performance by Weld County and Boulder County of their obligations hereunder. BD5241 .A(PF) 2 04/16/90 JJiL.M335 (b) The Company will indemnify and hold Weld County and Boulder County free and harmless from any loss, claim, damage, tax, penalty, liability, disbursement, litigation expense, attorney' s fee and expense or court cost arising out of, or in any way relating to, the execution or performance of this Delegation Agreement, the financing of the Project, or any other cause whatsoever pertaining to the delegation by Weld County of its authority to Boulder County to finance those portions of the Project located in Weld County. (c) The Company agrees that it will take such further action and adopt such further proceedings as may be required to implement the terms of this Delegation Agreement. 5. General Provisions . (a) This Delegation Agreement is hereby declared irrevocable during the term of the financing agreement (as defined in the Act) to be entered into by Boulder County and the Company with respect to the Project. (b) This Delegation Agreement shall automatically terminate 36 months from the date hereof if Boulder County has not entered into the financing agreement described in paragraph 5( a) above, provided that nothing herein shall be deemed to prevent Boulder County and Weld County from entering into a subsequent delegation agreement with respect to those portions of the Project located in Weld County upon such termination of this Delegation Agreement. (c) Nothing contained in this Delegation Agreement shall obligate Boulder County to finance all of the Project, and Boulder County shall finance only such part of the Project as shall be agreed upon by Boulder County and the Company. (d) This Delegation Agreement shall not constitute the debt or indebtedness of Weld County or Boulder County within the meaning of the Constitution or statutes of the State of Colorado nor give rise to a pecuniary liability or a charge against the general credit or taxing powers of either Weld County or Boulder County. i BD5241 .A(PF) 3 04/16/90 X3335 IN WITNESS WHEREOF, the parties hereto have entered into this Delegation Agreement . WELD CO Y, COLORADO By By se K ey-a.eil_ Chairman Board of County Commissioners [ SEAL] Attest: Co my Clerk and corder Approved Weld County Attorney 4- + County Attorney BOULDER COUNTY, COLORADO By Chair Board of County Commissioners [ SEAL] Attest: By_ County Clerk and Recorder BD5241 .A(PF) 4 04/16/90 900335 PRO-CYSS WASTE LONGMONT, INC. a Colorado corporation By President [ SEAL] Attest: By Secretary _ 1 BD5241 .A(PF) 5 04/16/90 900335 Hello