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Home My WebLink About920690.tiff RESOLUTION RE: APPROVE AMENDMENT TO ANNEXATION AGREEMENT WITH CITY OF GREELEY 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, by Resolution dated March 14, 1988, the Board approved an Annexation Agreement between the City of Greeley and Weld County, Colorado, and WHEREAS, the Board has been presented with an Amendment to the Annexation Agreement between the City of Greeley and Weld County, Colorado, with the terms and conditions being as stated in said amendment, and WHEREAS, after review, the Board deems it advisable to approve said amendment, 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 Annexation Agreement 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 amendment. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 29th day of July, A.D. , 1992. ATTEST: Mal% BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk to the Board '� Geo e Kenn dy, Chairman BY: % /�--( / eputy 'Clerk to the Board Constance L. Harb Pro-Tem APPROVED AS FORM: C. W. K'rby OO County Attorney Go cy A W. H. Webster 920690 c ' <L Grp, Lry AMENDMENT TO ANNEXATION AGREEMENT THIS AMENDMENT is made this ,,2q day of � vv�� , 1992 by and between the CITY OF GREELEY, COLORAD a0 home rule municipal corporation (hereinafter called "City") and WELD COUNTY, COLORADO, a home rule county and political subdivision of the State of Colorado (hereinafter called "County") . WITNESSET H: WHEREAS, the City and County have previously entered into an annexation agreement dated the 15th day of March, 1988, a copy of which is attached hereto and incorporated herein as Exhibit "A" ; and WHEREAS, the City and County have agreed to amend the annexation agreement and consent to amendment of the annexation agreement; and WHEREAS, paragraph 3 of the annexation agreement requires that the parties amend the agreement in accordance with paragraph 13 of the annexation agreement. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, and for other good and valuable consideration, the City and County do hereby agree as follows: 1. That part of paragraph 3 .B of the annexation agreement is hereby deleted as follows: The County acknowledges its responsibility to provide raw water, or cash in lieu of, to the City at a rate of three acre feet per acre. Said raw water exchange may occur at the time of building permit application and in phases as each legally recognized tract of land is developed. All other applicable fees (e.g. tap/plant investment fees) as required by the City apply to development of the County site. 2 . All of the other terms, conditions, covenants and agreements of the annexation agreement dated the 15th of March, 1988 remain in full force and effect. IN WITNESS WHEREOF, the parties hereunto have executed this amendment to the agreement the day and year first written above. ATTEST: THE CITY OF GREELEY, LORADO 1/�I'� diddho By: -ad-sr City Crk ayor d /-217_ \y. 920690 APPROVED AS TO SUBSTANCE: APPROVED AS TO LE AL ORM: K2e48/1er1 C City Mana City At r 4 4 yh /v-Wa 'J�, ATTEST: Vv~ WELD COUNTY, COLORADO kc- County Clem/to the Board airpe son,` 08y63 2 County Commissioners APPROVED S TO FORM: G2 '` County Attorney 2 92( .90 • -ANNEXATION AGREEMENT This Agreement is made this 15 day of 1NOCK , 1988 , by and between the CITY OF GREELEY, COLORADO, a home rule municipal corporation (hereinafter called "City") , and WELD COUNTY, COLORADO, a home rule county and a political subdivision of the State of Colorado (hereinafter called "County") . WITNESSETH: -WHEREAS, the County owns property immediately adjacent to the City's corporate limits located between "H" and "O" Streets north on and west of 11th Avenue in Weld County, a site consisting of approximately 129 .78 acres, as more fully described in Exhibit "A" attached hereto and incorporated by reference (hereinafter called "County site") ; and WHEREAS, it is the County's inte'ht to develop said property for various public services and facilities as well as to offer portions of the site for private industrial development; and WHEREAS, the County has expressed its desire to utilize City utilities and roadways as part of its property development, and WHEREAS , the City maintains a policy of priority service extension to properties located within its corporate limits ; and WHEREAS , the County site is located within the City's Long Range Expected Growth Area as described in its Comprehensive Plan; and WHEREAS, the City and County have cosponsored an application— to the Federal Economic Development Administration for financial assistance associated with the capital improvements necessary for the County's development site; and WHEREAS, the County has agreed to annex the County site to the City; and WHEREAS, the City has agreed to negotiate certain capital improvements associated with the County's development site; and WHEREAS, the City and the County deem it advisable to execute an agreement concerning those items in consideration for the execution of a Petition for Annexation to the City of Greeley by Weld County; THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the parties to this Agreement, the City of Greeley and Weld County, do hereby agree as follows: Exhibit "A" 9208890 1. With the anticipated construction of -County owned and operated facilities, the County may opt to provide its own building inspection services. As provided for i-n the May 7 , 1980, Intergovernmental Agreement between the City and County, no building permit fees would be required for these structures. This option may not be extended to the construction of private improvements or improvements that will be used by non-tax exempt Entities on any portion of the County site. If any of the publicly constructed facilities converts to private use on a lease or purchase basis, the City of Greeley's jurisdiction over future building permit requirements shall apply and related permit fees shall be assessed accordingly. 2 . The County acknowledges and agrees to pay all other development fees as required by the City of Greeley including, but not limited to, street, drainage, and water and sewer fees at the time construction is commenced. Any fee structure applied to the County is to be the same as that applied to any other property _owner in the City of Greeley. 3 . This Agreement acknowledges that the County and City have jointly sponsored a grant application to the U.S. Economic Development Administration for funds to be applied toward the completion Df certain public improvements associated with the site. The following standards shall apply to the provision of said improvements: A. Streets: The City has a requirement for payment of arterial street fees for all developments for which a building permit is required. For full width arterial street improvements that the County completes on North 11th Avenue and/or "0" Street immediately adjacent to the County site, the City will credit the payment of said fees against the actual work completed to City standards. In no event wili the City of Greeley give credit to the County for arterial street fees in excess of the fees that would be collected from the entire site. All other street improvements, including collector street development, shall be the responsibility of the County Dr subsequent property owners. B. Water and Sewer Improvements: The City shall initiate water and sewer service to the County site upon annexation and prior to completion of building construction. The County, and any subsequent property owners, shall install necessary lines of at least the minimum size deemed necessary to provide service to this area and sized in accordance with the City's Water and Sewer Master Plan and Project Management Manual . Any oversizing of said lines shall be recognized and defined by the City. The City's share of the cost shall be based on the difference in material cost only. The City shall be responsible for the local share of the oversizing cost difference only, the local share cost being that portion cf the actual cost provided by Weld County. Any future 920690 lines constructed with non-grant funds and defined -by the City esrequiring oversizing shall be -oversized at the City's _cost based on the difference in material costs _only. The County acknowledges its responsibility to provide raw water, Dr cash in lieu of, to the City at a rate of three acre feet per acre. Said raw water exchange may occur at the time of building permit application and in phases as each legally recognized tract of land is developed. All other applicable fees (e.g. tap/plant investment fees) as required by the City apply to development -of the County site. 4 . The County currently conducts a portion of its "Road and Bridge" _operation from the County site. This operation currently involves the dispensing of Class I and II liquids from above ground tanks which is not permitted under the City of Greeley or the Western Hills Fire Protection District Fire Codes. Upon annexation, the County will correct this violation and provide other life safety improvements as may be required by the Greeley Fire Department. 3. The City agrees to work cooperatively with the County and the Colorado Division of Highways to address traffic safety and access concerns at U.S . 85 and "0" Street. b . The County agrees to petition the City of Greeley for annexation of the subject site on or before June 1st or prior to the City's provision of utilities or services, whichever date is earliest. 7 . -The County anticipates consideration of a change of County zoning on the subject parcel which may be a Planned Unit Development designation to accommodate the variety of intended uses for the site. If such a zone change occurs, the City agrees that it will consider zoning the site in a like manner (PUD) under the City's present Zoning Code. The County further acknowledges that the "vested property rights" associated with the county site shalt not commence until the City zoning of the parcel occurs. 8 . The County agrees to cooperate with the City in the integration -of this parcel 's development into the city's floodplain management program and Poudre River Trail System. 9 . Nothing in this Agreement, or the fact that it was entered into, shall be construed as limiting in any way the City's freedom of choice as to future annexations, nor to require the City to impose conditions on such future annexations similar to the conditions imposed by this Agreement. 920899 10. This Agreement constitutes the -entire Agreement between the parties; no practice, stipulation, understandings, or memoranda shall be construed as in any way modifying, alt-Bring, or amending the terms and conditions hereof. 11. This Agreement shall be binding upon and for the benefit of the successors or assigns of the parties to this Agreement. 12 . The County acknowledges that it is bound by all City ordinances, resolutions and policies except as modified by this agreement. 13 . This agreement may be amended at a future date with the mutual consent of both parties- 14 . If any provision of this agreement is subsequently declared by legislative or judicial authority to be unlawful, unenforceable, or not in accordance with applicable laws, statutes or any regulations of the United States of America and the State of Colorado, all other provisions of this agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereunto have executed this Agreement the day and year first written above. CITY OF GREELEY, COLORADO WELD COUNTY, COLORADO7."11 By Y�1�i c;?"-S12 £hai person, County Commissioners cs ATTEST: / ATTEST: is r�� 4/Lc1 ( nctwc 1?taint City Clerk unt Clerk and Recorder REVIEWED AS TO LEGAL FORM: APPROVED S TO FORM: � yy City Attorne County Attorney 920890 THE CITY OF GREELEY, COLORADO ORDINANCE NO. 20 , 1992 AN ORDINANCE AMENDING INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE CITY OF GREELEY, COLORADO AND WELD COUNTY, COLORADO FOR ANNEXATION -OF WELD COUNTY BUSINESS PARK. Section 1. The City and County entered into an annexation agreement dated the 15th of March, 1'98P which provided for -annexation of County-owned property within the City, according to its terms and provisions, a copy of which is attached hereto as Exhibit "A" . Section 2 . at is now desirous that the parties agree to amend the agreement to delete language requiring raw water in certain amounts. The City and County have agreed to delete this language. Section 3 . According to the annexation agreement, all amendments shall be in writing. It is in the test interest of the City of Greeley to promote the development of the business park and allow the amendment to this agreement to be made. Section 4 . The City Council of the City of Greeley hereby authorizes the Mayor to enter into an amendment of the annexation agreement, a copy "B" . g of which is attached hereto as Exhibit -Section 5. This ordinance shall become effective five days following its final publication, as provided by the Greeley City Charter. PASSED AND ADOPTED, SIGNED AND APPROVED this 7th day of April , 1992 . ATTEST: / / THE CITY OF GREELEY, COLORADO 4 City Cle k Mayor 1144-t - 9'20S90 tikk, V City of Greeley DATE: July 21, 1992 TO: Bruce Barker, County Att000��11nnne ' s Office FROM: Betsy Holder, City Clerk SUBJECT: County/City Intergovernmental Agreements An original of the intergovernmental agreement, regarding the Asphalt Overlay Program (4th Street between 59th and 71st Avenues) , is attached. The following intergovernmental agreements are ready for consideration by the County, and a copy of the authorizing ordinance and two originals of each agreement are attached: * AGREEMENT FOR CONTRIBUTION TO OPTICOM SYSTEM AT 11TH AVENUE AND 34 BY-PASS -* AMENDMENT TO NONDISCLOSURE AGREEMENT FOR WELD COUNTY AUTOMATED -MUG SHOT SYSTEM * AGREEMENT FOR SERVICES _regarding Emitter Controller System on Traffic Control Signals (*._.,/ AMENDMENT TO ANNEXATION AGREEMENT regarding Weld County + ' Business Park r,. ` * AMENDMENT TO LICENSE AGREEMENT FOR USE OF GEISERT POND (delivered to County Clerk to the Board' s Office) * AGREEMENT regarding Asphalt Overlay Program (59th avenue between 2-0th and 4th Streets) please return one _original of each AGREEMENT to the City Clerk' s Office upon completion, and let me know if additional information is needed. thank you! A y - cc: Rick Brady, City Attorney GREELEY CITY CLERIC'S OFFICE 10-00 10th Street Greeley, Colorado 80631 35t--9740 9201090 Hello