HomeMy WebLinkAbout941204 RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR IMPROVEMENT, ANNEXATION,
AND MAINTENANCE OF CERTAIN STREETS AND ROADS IN AND/OR ADJACENT TO
THE CITY OF GREELEY, COLORADO, 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
Improvement, Annexation, and Maintenance of Certain Streets and Roads in and/or Adjacent to the
City of Greeley, Colorado, between the County of Weld, State of Colorado, by and through the Board
of County Commissioners of Weld County, on behalf of the Department of Public Works, and the City
of Greeley, Colorado, with 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 Improvement, Annexation, and
Maintenance of Certain Streets and Roads in and/or Adjacent to the City of Greeley, Colorado,
between the County of Weld, State of Colorado, by and through the Board of County Commissioners
of Weld County, on behalf of the Department of Public Works, and the City of Greeley, 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 7th day of December, A.D., 1994.
BOARD OF COUNTY COMMISSIONERS
ATTEST:
W WELDA COUNTYh COLORA DO
Weld County Clerk to the Boa/'d t ../ tattlitiC
. Webster, Ch irma
BY:
putt' I r t the Board Dale all, ro- m
APP D AS TO FORM:
Geor( . Baxter
County Attor ey Co
s7ceL. Harbj ,BatiaraJ. rkL�
Barbara J. Kirkmey
941204
EG0033
CC : Pwj CA j G,2EELEy
INTERGOVERNMENTAL AGREEMENT FOR IMPROVEMENT, ANNEXATION,
AND MAINTENANCE OF CERTAIN STREETS AND ROADS IN AND/OR
ADJACENT TO PHE CITY OF GREELEY, COLORADO
THIS INTERGOVERNMENTAL AGREEMENT is made and entered into this day
of , 1994 by and between the City of Greeley, Colorado, by and through its City
Council, hereinafter referred to as "City", with offices located at 1000 Tenth Street, Greeley,
Colorado 80631, and the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, Colorado, hereinafter referred to as "County", with offices located
at 915 Tenth Street, Greeley, Colorado 80631.
WITNESSETH:
WHEREAS, certain streets and roads which are adjacent to City lie within the jurisdictional
boundaries of both City and County, are currently in need of improvement, and will best be
maintained in the future by being annexed into City, and
WHEREAS, said streets and roads are listed in the attached Exhibit "A", and
WHEREAS, certain streets and roads which are entirely located within County are in need
of improvement and will also best be maintained in the future by being annexed into City, and
WHEREAS, said streets and roads are listed in the attached Exhibit "B," and
•
-WHEREAS, there is the need for agreement relating to maintenance responsibilities for
certain other streets and roads located entirely in either City or County, and
WHEREAS, said streets and roads are listed in the attached Exhibit "C," and
WHEREAS, City and County now desire to enter into an agreement whereby the
improvements,maintenance,and annexation issues referred to above are addressed to the satisfaction
• of both governments.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. TERM.
With respect to the streets and roads listed in the attached Exhibits "A" and "B",the
term of this Agreement shall be from the date first written above to and until the date
when said street and road improvements are completed and they are annexed into the
Page 1 of 5 Pages
941204
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City. With respect to the maintenance of the streets and roads listed in the attached
Exhibit "C", the term of this Agreement shall be for one year from the date first
written above,with an automatic renewal of the Agreement for succeeding one year
periods thereafter,unless the parties desire to sooner terminate this Agreement with
respect to maintenance only.
2. "JOINT JURISDICTION" STREETS AND ROADS.
Those streets and roads listed in Exhibit A are adjacent to City and are located within
the jurisdictional boundaries of both City and.County. The parties agree that such
streets and roads are in need of improvement. City and County further agree as
follows with respect to these streets and roads:
a. County shall be responsible for all engineering and contract administration
for the street/road improvements,including engineering design,construction,
inspection, and materials testing. County may utilize its maintenance
personnel to apply hot laid asphaltic concrete for any necessary resurfacing
work, or, in lieu thereof, County may contract for such work to be performed.
Any necessary chip seal work shall be contracted for by County.
b. City shall pay to County cash equal to fifty percent (50%) of the actual costs
of labor, equipment, and material for all improvement work completed by
County to the streets and roadways listed in Exhibit A. The costs of any
asphalt paving performed by County personnel shall be limited to actual
costs for labor, equipment, and materials used to complete the work. The
estimated costs included in Exhibit A are for planning purposes only and
shall not constitute the final costs for which County or City are responsible.
c. Upon completion of the work contemplated in paragraph 2. a., City shall
initiate annexation of the entire width of the streets and roads listed in
Exhibit A with said annexation being completed within a reasonable time
thereafter. •
3. STREETS AND ROADS OWNED AND TO BE IMPROVED BY COUNTY
THEN ANNEXED BY CITY.
Those streets and roads listed in Exhibit B are adjacent to City, but are entirely
located within County's jurisdiction. The parties agree that County shall improve the
pavement surface of said streets and roads,with said improvements being limited to
resurfacing, chip seal or seal coat, and City shall then annex their entire width.
County shall notify City of the completion of the improvement work. City shall then
initiate annexation of said streets and roads with said annexation being completed
Page 2 of 5 Pages
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941204
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within a reasonable time thereafter.
4. MAINTENANCE OF CERTAIN STREETS AND ROADS LYING IN OR,
ADJACENT TO CITY.
Those streets and roads listed in Exhibit C lie in City or are located in County's
jurisdiction but are adjacent to City. The parties hereto agree that the maintenance
of such streets and roads will be best accomplished by sharing such responsibilities.
The category shown in Exhibit C and entitled "Current Jurisdiction" sets forth the
jurisdiction in which the particular street or road is located. The category entitled
"Suggested Maintenance" sets forth the party to this Agreement which shall maintain
the particular street or road. The parties agree that the maintenance responsibilities
as listed in Exhibit C are efficient and cost effective for both entities. The parties
further agree that the term "maintenance" shall include the following:
a. Blading.
b. Snow removal. Snow removal by each party shall be in accordance
with its snow removal policy.
c. Minor gravel replacement.
"Maintenance" does not include placement and replacement of culverts (or other
drainage mechanisms) and road signs. Furthermore, "maintenance" does not include
repaving or any other type of resurfacing work on paved surfaces.
5. SEVERABILITY.
If any term or condition of this Agreement shall be held to be invalid, illegal, or
unenforceable, this Agreement shall be construed and enforced without such
provision to the extent that this Agreement is then capable of execution within the
original intent of the parties hereto.
6. NO THIRD PARTY BENEFICIARY ENFORCEMENT.
It is expressly understood and agreed that the enforcement of the terms and
conditions of this Agreement, and all rights of action relating to such enforcement,
shall be strictly reserved to the undersigned parties and nothing in this Agreement
shall give or allow any claim or right of action whatsoever by any other person not
included in this Agreement. It is the express intention of the undersigned parties that
any entity other than the undersigned parties receiving services or benefits under this
Agreement shall be an incidental beneficiary only.
Page 3 of 5 Pages
941204'
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7. MODIFICATION AND BREACH.
This Agreement contains the entire agreement and understanding between the parties
to this Agreement and supersedes any other agreements concerning the subject matter
of this transaction,whether oral or written. No modification, amendment, novation,
renewal, or other alteration of or to this Agreement shall be deemed valid or of any
force or effect whatsoever, unless mutually agreed upon in writing by the
undersigned parties. No breach of any term, provision, or clause of this Agreement
shall be deemed waived or excused,unless such waiver or consent shall be in writing
and signed by the party claimed to have waived or consented. Any consent by any
party hereto, or waiver of, a breach by any other party, whether express or implied,
shall not constitute a consent to, waiver of, or excuse for any other different or
subsequent breach.
8. INDEMNIFICATION.
To the extent authorized by law, the parties agrees to indemnify, save, defend, and
hold harmless each other from any and all liability incurred as a result of acts,
omissions, or failures to act by County in its performance of the maintenance duties
set forth in paragraph 4. of this Agreement on those portions of the streets and roads
located in the other party's jurisdictional boundaries. The term "liability" includes,
but is not limited to, any and all claims,damages, and court awards, including costs,
expenses, and attorneys' fees, incurred as a result of any act or omission by either
party and its employees.
9. NO WARRANTY.
Neither County nor City, by virtue of their entering into this Agreement and upon
their promises to perform the work described herein, make warranties, either express
or implied, that the improvement work and/or maintenance of the streets and roads
listed in the attached Exhibits A,B,and C meet standards other than those generally
required for counties and cities of the size and type similar to County and City.
IN WITNESS WHEREOF the parties hereto have signed this Agreement this day
of , 19_
Page 4 of 5 Pages
• 941204
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ATTEST: CITY OF GREELEY, COLORADO, by and
through the City Council of Greeley,
Colorado
By: By:
City Clerk Mayor
ATTEST: Wa444 COUNTY OF WELD, STATE OF
COLORADO, by and through the Board of
Clerk to the Board County Commissioners of Weld County
BY:e�`> .4,60„- BY: hj cf 10-reiltb
Deputy Clerk to the Board W. H. Webster, Chairman Ia /;
i9�
gmeley.btb
•
. Page 5 of 5 Pages
941204
December 12, 1994 day file:
Resolution #941204 -- APPROVE INTERGOVERNMENTAL AGREEMENT FOR IMPROVEMENT,
ANNEXATION, AND MAINTENANCE OF CERTAIN STREETS AND
ROADS IN AND?OR ADJACENT TO THE CITY OF GREELEY,
COLORADO, AND AUTHORIZE CHSAIRMAN TO SIGN
Original agreement was not received back from City of Greeley (after execution)
in time to be microfilmed; therefore, when original is received, it will be
scanned on the OCR system.
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