HomeMy WebLinkAbout930776.tiff RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR MASS TRANSIT SYSTEM AND AUTHORIZE
CHAIRMAN TO SIGN - CITY OF GREELEY
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 the operation and maintenance of a mass transit system between the City of
Greeley and Weld County, Colorado, with the 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 the operation and
maintenance of a mass transit system 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 4iliat vote on the 9th day of August, A.D. , 1993.
WELDD OF TYUNCY ORADISSIONERS
ATTEST: WELD COUNTY, COLORADO
Weld County Clerk to the Board � ,l/J ‘1 c.f04-
Conssttanceee L.L. J{arrrbert, Chairman
BY: b Y/l7
Deputy C e k to the oar W. H.�e st r, Pro-TemTem
APPROVED AS TO FORM: . 6
,.george ErBaxter
County Attorney tale K. a 1
EXCUSED DATE OF SIGNING (AYE)
Barbara J. Kirkmeyer
930776
i t.ro i tS cc ' 6)-1- v , F 6-
STATE OF COLORADO )
COUNTY OF WELD ) SS. CERTIFICATE
CITY OF GREELEY )
I, Betsy D. Holder, City Clerk of the City of Greeley do
hereby certify that the attached is a true and correct copy of
Resolution Number 37, 1993, and its Exhibit "A" (Joint Mass Transit
System Agreemtn) as passed and adopted by the City Council of the
City of Greeley on the 3rd day of August, 1993 .
IN WITNESS WHEREOF I have hereunto set my hand and the seal
of the City of Greeley this 29th day of September, 1993 .
, ,y A% u 64.v,
Betsy Dv Holde , City Clerk
CITY
SEAL
920776
CITY OF GREELEY, COLORADO
RESOLUTION NO. 37 , 1993
A RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF GREELEY TO ENTER
INTO AN INTERGOVERNMENTAL AGREEMENT WITH WELD COUNTY, COLORADO FOR
OPERATION AND MAINTENANCE OF A JOINT MASS TRANSIT SYSTEM.
WHEREAS, the City of Greeley and Weld County are each
authorized by the Colorado Revised Statutes to develop, maintain
and operate a mass transit system with other governmental entities;
and
WHEREAS, it has been demonstrated that there is a need to
operate a mass transit system to incorporate routes serving various
points outside the Greeley city limits; and
WHEREAS, it is recognized and in the best interests of the
City of Greeley that a mass transit system will be efficient and
effective.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF GREELEY,
COLORADO:
1. The Mayor of the City of Greeley is hereby authorized to
enter into an Intergovernmental Agreement with Weld County for the
development, maintenance and operation of a mass transit system, a
copy of which is attached hereto and incorporated herein as Exhibit
"Av
2 . This resolution shall become effective immediately upon its
passage.
PASSED AND ADOPTED, SIGNED AND APPROVED this 3rd day of
August , 1993 .
ATTEST: THE CITY OF GREELEY, COLORADO
,ZLA 124.4,7.V1
y \�\
City-Clerk Mayor . \
G
INTERGOVERNMENTAL AGREEMENT FOR MASS TRANSIT SYSTEM
THIS AGREEMENT made this 3rd day of Aunust
1993 , by and between the CITY OF GREELEY, a municipal corporation,
acting by and through its City Council, and the COUNTY OF WELD, a
body corporate and politic, acting by and through its Board of
Commissioners. The CITY OF GREELEY is hereinafter referred to as
"City" and the COUNTY OF WELD is hereby referred to as "County".
WITNESSETH:
WHEREAS, the City is authorized under its Charter and by
virtue of C.R.S. S 31-15-711(1) (g) to develop, maintain and operate
mass transit systems, either individually or jointly with any other
governmental entities, and pursuant to that authority the City is
maintaining and operating a mass transit system within the confines
of the municipal limits of the City; and
WHEREAS, the City has the necessary personnel, management,
administration, assets, equipment and support systems in place and
functioning to successfully operate a mass transit system; and
WHEREAS, it is recognized that a mass transit system will
enhance the efficiency, desirability and effectiveness of the City
and County; and
•
WHEREAS, it has been demonstrated that there is a need to
operate a mass transit system incorporating routes serving
strategic points outside the City municipal limits to adequately
serve the transportation needs of citizens and visitors to the
area; and
WHEREAS, the County is authorized by virtue of C.R.S. § 30-11-
101(1) (f) to develop, maintain and operate mass transit systems
either individually or jointly with any government; and
WHEREAS, the City and the County may contract with one another
to provide a mass transit system of the type deemed needed by the
citizens of and visitors to the area pursuant to authority in
C.R.S. S 31-11-101(1) (f) and § 31-15-711(1) (g) as implemented by
C.R.S. S 29-1-201, et seq. ; and
WHEREAS, the City and the County desire to assure the
availability of necessary equipment, support systems, personnel and
administration for the provision of mass transit service by bus,
serving strategic points outside the municipal limits of the City
of Greeley and within the County of Weld, so as to adequately serve
the transportation needs of citizens in and visitors to the area;
and
WHEREAS, the City is willing to continue to develop, maintain
and operate said system incorporating and including service to and
from certain areas within the geographic boundaries which are under
the jurisdiction of the County and outside the municipal limits of
the City; and
WHEREAS, the City and the County do jointly desire to continue
this service as herein established under the terms of this Inter-
governmental Agreement.
NOW THEREFORE, it is agreed as follows:
1. The City and County agree to operate a joint mass transit
system by operating a mass transit system within the confines of
Weld County, Colorado. The mass transit system shall have the
right to pick up and deliver passengers and baggage at intermediate
points. The actual routes to be operated within the County shall
be as selected by the City with input from the public and County
staff.
2. The City and the County jointly agree that the City will be
and remains the sole owner, manager and operator of the mass
transit system herein described. In managing and operating the
mass transit system, the City shall have the right to utilize all
of the roads and rights-of-way of the County capable of handling
buses from a traffic and safety standpoint without charge by the
County.
3 . The City, as manager and operator of the mass transit
• system, agrees to endeavor to establish in accord with the needs of
the residents, businesses and visitors to the City and County area
a mass transit system through the operation and utilization of
buses and vans between points located within the territorial limits
of the County.
4 . In developing, operating and maintaining the mass transit
system, the City will use its buses and vans, personnel, support
systems, management and administrative systems.
5. It is understood and agreed between the City and the County
that reasonable charges or fares may be assessed and collected from
persons utilizing the mass transit system described within the
scope of this agreement. All revenues as derived from any such
fares or charges shall be and remain property of the City and shall
be used to defray the operation and maintenance expenses of the
mass transit system.
6. The City, as the owner, manager and operator of the mass
transit system, agrees to defend, indemnify and save harmless the
County from any and all liability arising from the operation of the
mass transit system contemplated under this agreement. The City
agrees to maintain liability insurance with minimum limits of
$150, 000/$600, 000 for personal injury and property damage, or the
amount of liability established by C.R.S. § 24-10-114, as the same
may from time to time be amended, all through its self-insurance
plan. Said insurance shall cover all of the City's operation of
the mass transit system pursuant to this agreement.
930775
7 . The establishment of this agreement between the City and
the County shall not be construed as an exclusive grant or
franchise prohibiting similar grants, franchises or agreements
pertaining to mass transit systems operating within the territorial
jurisdiction of either the City or the County.
8. The City agrees that during the term of this agreement it
shall keep in good repair all of the equipment utilized by it in
the performance of its obligation or services under this agreement.
All equipment utilized by the City under this agreement shall be of
high quality and at all times shall be in safe and efficient
operating condition.
9. The City will undertake to fully comply with all the laws
and governmental regulations, federal, state and local, applicable
in connection with the execution of this agreement and the
establishment and operation of the mass transit system herein
contemplated. The City shall defend and hold the County harmless
from any liability, loss, damage, claim or demand resulting from a
failure to comply with any such law or regulation or from any other
claim or demand arising under the execution of this agreement or
the activities conducted hereunder.
10. The terms of this agreement shall be for a period of one
(1) year; provided, however, that the same may be cancelled and
terminated upon ninety (90) days advance written notice by either
s party to the other, in which case each party shall be released from
all further liability and obligations hereunder.
11. This agreement shall be automatically renewable year to
year unless sooner terminated by notice from either party and
subject to the cancellation notice of paragraph 10. All
notifications shall be sufficient if mailed to the other party at
the addresses hereinafter specified:
City of Greeley
1000 Tenth Street
Greeley, CO 80631
Board of County Commissioners
Weld County, Colorado
915 Tenth Street
Greeley, Colorado 80631
12. This agreement constitutes the entire understanding and
agreement between the parties hereto and shall be binding on the
parties, their successors and assigns, with any amendment hereto to
be ineffective unless in writing and executed in like manner as the
original.
IN WITNESS WHEREOF, the parties hereto signed and executed this
agreement on the day and year first above written.
THE CITY OF GREELEY, COLORADO, THE COUNTY OF WELD, COLORADO,
a municipal corporation by a body corporate and politic,
and through the City Council by and through the Board of
County Commissioners
By:L-61���,Q /z, '
Mayor Chairman
ATTEST: ATTEST: XI ii
,r i`/,�
hay
Cit }erkdt/2/
Y C erk to the oard
APPROVED AS TO LEGAL FORM: APPROVED AS TO LEGAL FORM:
l
City Attorney I County Attorney
APP D AS TO SUBSTANCE: APPROV AS TO SU S E:
%/��//
By:
City Ma ager County Fin ce Director
AS TO AVAILABILITY OF FUNDS:
By:
Director b Fi nce
By
P a i g Agent
930776i)
• 7-\
DEPARTMENT OF PUBLIC WORKS
n. -5
City of 1000 10TH STREET, GREELEY. COLORADO 80631 \
Greeley
August 4, 1993
COUNTY COMMISSIONERS
WELD COUNTY
915 TENTH STREET
GREELEY COLORADO 80631
SUBJECT: INTERGOVERNMENTAL AGREEMENT - TRANSIT SERVICES
Attached is a Resolution and an Intergovernmental Agreement for the
operation and maintenance of a mass transit system. While the City
of Greeley operates a mass transit system primarily within the City
limits, some of the routes and stops are located outside of the
City limits.
This Agreement will allow the City to continue operating the
transit system without the confines of the Public Utilities
Commission and its regulations.
This Agreement does not require any financial or liability
obligation by Weld County.
Please have the Intergovernmental Agreement presented for
Commissioners' consideration as soon as possible.
If you have any questions, or require an appearance by our staff at
your meeting, please give me a call.
Thank you for your/ assistance in this matter.
Va-"��4� cam.
WILLIAM A. STERLIN P.E.
Director of Public Works
clw
Enclosures
9 307 76
Hello