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RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR POUDRE RIVER TRAIL SYSTEM
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 the
Poudre River Trail System among the County of Weld, State of Colorado, by and through the Board
of County Commissioners of Weld County, the City of Greeley, and the Town of Windsor,
commencing upon full execution, and ending one year later, 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 the Poudre River Trail System among
the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, the City of Greeley, and the Town of Windsor 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 14th day of December, A.D., 1994.
/l/ r A V /J/J� iJ BOARD OF COUNTY COMMISSIONERS
ATTEST: 6 {� //'D`"!,lli LY.%i/7 WELD COUNTY.COyLORADO
Weld County Clerk to the Board fr, -A/ V/! )OYr-h
W. H. Webster, Chair an
BY:
r
Deputy Clerk to the Board Dale K. Hall, Pro-Te
APPROV D AS TO FORM: c, %
eor e . Baxter
County Attom y Constance L. Harbert
arbara J. Kirkme r
941257
BC0019
C : G(e/ [cv/ (orL�) . CA
CITY OF GREELEY, COLORADO
RESOLUTION NO. 81 , 1994
A RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF GREELEY TO ENTER
INTO AN INTERGOVERNMENTAL AGREEMENT WITH WELD COUNTY AND THE TOWN
OF WINDSOR FOR DEVELOPMENT OF POUDRE RIVER TRAIL SYSTEMS.
WHEREAS, the City of Greeley, Weld County and the Town of
Windsor entered into an Intergovernmental Agreement on February 9,
1994 to develop a trail corridor along the Poudre River for
education, cultural and recreational use; and
WHEREAS, the above Intergovernmental Agreement created an
advisory board ("Corridor Board") and addressed a variety of
different topics, including but not limited to, trail route and
corridor designation, trail acquisition, uniform signage, and
maintenance; and
WHEREAS, the Corridor Board advises that a more in-depth
Intergovernmental Agreement is now necessary for the Poudre Trail
Systems.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF GREELEY,
COLORADO:
1. The Mayor of the City of Greeley is hereby authorized, on
behalf of the City of Greeley, to enter into the Poudre River Trail
Systems Intergovernmental Agreement, attached hereto as Exhibit
"A" .
2 . This resolution shall become effective immediately upon its
passage.
PASSED AND ADOPTED, SIGNED AND APPROVED this 6th day of
December , 1994 .
ATTEST: THE CITY OF GREELEY, COLORADO
City Clerk ' Mayor
74/O-5
41Cdai9
INTERGOVERNMENTAL AGREEMENT FOR POUDRE RIVER TRAIL SYSTEMS
This Intergovernmental Agreement is by and between the City of Greeley,
Colorado, by and through the City Council, hereinafter referred to as "City"; the Town
of Windsor, Colorado, by and through its Town Council, hereinafter referred to as
"Town"; and the County of Weld, State of Colorado, by and through the Board of
County Commissioners of the County of Weld, hereinafter referred to as "County".
WITNESSETH:
WHEREAS, by Intergovernmental Agreement dated February 9, 1994, the
parties hereto agreed to cooperate in order to develop a trail corridor along the Poudre
River for educational, cultural, and recreational use, and
WHEREAS, said Intergovernmental Agreement addressed a variety of different
topics relative to the development of Poudre River trail systems, including trail route
and corridor designation; trail acquisition; uniform signage, maintenance, and other
improvements of each trail or designated route; and the creation of an advisory board
(the "Poudre River Trail Corridor Board", hereinafter referred to as "Corridor Board"),
and
WHEREAS, Corridor Board has been meeting and has discussed various topics
covered in said Intergovernmental Agreement, and
WHEREAS, Corridor Board now advises the parties hereto that a more in-depth
intergovernmental agreement is necessary for the Poudre River trail systems.
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, City, Town, and County agree as follows:
1 . TERM:
This Intergovernmental Agreement shall be effective on its adoption and
signing by the designated representatives of City, Town, and County and
shall continue thereafter for a period of one year, to be renewed
automatically for successive one year periods, unless the same is sooner
terminated by any party hereto, pursuant to the termination provisions
set forth in paragraph 10, below.
Page 1 of 6 Pages
2. CREATION OF POUDRE RIVER TRAIL CORRIDOR:
Upon the advice of Corridor Board, the parties hereto collectively
designate a trail corridor along the Poudre River in Weld County,
Colorado, to be hereinafter referred to as the "Poudre River Trail." The
parties find that it is in the best interests of the health, safety, and
welfare of their citizens and the general public to develop said Poudre
River Trail for educational, cultural, and recreational use and that the
alternative transportation systems facilitated by said Poudre River Trail
will promote improved air quality, health, and environmental awareness
and fitness.
3. TRAIL ROUTE AND CORRIDOR ACQUISITION:
City, Town, and County agree that they shall acquire, individually and in
cooperation with each other, upon the advice of and with the assistance
of Corridor Board, the appropriate fee interests, rights-of-way,
easements, accesses, or donations for the designated routes of Poudre
River Trail lying within their respective political boundaries, using only
such funds or resources from the parties to this Agreement or from
donations or gifts as are made available and as are designated for such
purpose. Funds shall be set up through County and through the
Community Foundation Serving Northern Colorado specifically for the
purpose of accepting donations, gifts, devises, or other transfers of the
funds to be used to pay for the Poudre River Trail or any expenses
associated therewith (to be hereinafter known collectively as "Poudre
River Trail Funds"). Each party to this Agreement shall be responsible for
any necessary legal expenses incurred in the course of Poudre River Trail
acquisition. No party hereto shall be required, by virtue of its entering
into this Agreement, to fund any portion of the Poudre River Trail from
general fund monies or from monies from any source other than the
Poudre River Trail Funds mentioned above. Funds in the Poudre River
Trail Funds shall be disbursed only upon the majority vote of the Corridor
Board. County shall be responsible for all necessary administrative duties
associated with the Poudre River Trail Fund kept by the County.
Notwithstanding any language in this paragraph to the contrary, each
party hereto shall have the option, under its sole discretion, to spend
monies upon the Poudre River Trail received by it from grants or from any
other source.
Page 2 of 6 Pages
4. IMPROVEMENTS TO ACQUIRED PORTIONS OF POUDRE RIVER TRAIL:
City, Town, and County shall each be responsible for construction of and
improvements to the portions of the Poudre River Trail lying within their
respective jurisdictions. All such improvements to acquired portions of
the Trail shall be upon separate agreement of the parties.
5. MAINTENANCE AND SIGNAGE:
City, Town, and County shall each be responsible for the maintenance
and signage of the portions of the Poudre River Trail lying within their
respective jurisdictions. Signage shall be uniform and shall be designated
by separate agreement.
6. LAW ENFORCEMENT:
The law enforcement agencies of City, Town, and County shall be
responsible for law enforcement on those portions of the Poudre River
Trail which lie within their respective jurisdictions. To the extent
possible, the law enforcement agencies from each jurisdiction shall
coordinate such law enforcement activities.
7. POUDRE RIVER TRAIL CORRIDOR BOARD:
The Poudre River Trail Corridor Board as established by the
Intergovernmental Agreement between the parties hereto dated
February 9, 1994 shall continue in its present form to advise City, Town,
and County on routes, land acquisition, expenditures, and other
associated requirements of the Poudre River Trail and as outlined within
this Intergovernmental Agreement. Appointments to the Corridor Board
shall continue as follows:
A. City, Town, and County shall each appoint two members. These
appointees shall elect a seventh member to the Corridor Board.
B. Appointments shall be for two years, except the initial
appointments where City, Town, and County shall appoint one
one-year term member and one two-year term member. The
Corridor Board appointed member shall be for a term of two years.
Page 3 of 6 Pages
C. The Corridor Board shall adopt such internal rules as it deems
necessary and shall set priorities and budgets to be recommended
to City, Town, and County in matters of routes, land acquisition,
improvements, maintenance, and any other matters it deems
appropriate regarding the Poudre River Trail and as set forth within
this Intergovernmental Agreement.
D. The members and their respective terms as already established
pursuant to the Intergovernmental Agreement between the parties
hereto dated February 9, 1994 shall continue as already
designated.
8. ENTIRE AGREEMENT:
This Intergovernmental Agreement contains the complete and entire
agreement between the parties and supersedes any prior oral or written
agreements concerning the Poudre River Trail, including, but not limited
to, the parties' Intergovernmental Agreement dated February 9, 1994;
but excepting those separate agreements referred to herein to be
completed and executed at later dates.
9. MODIFICATIONS:
This Intergovernmental Agreement may not be modified, discharged, or
changed in any respect whatsoever, except by further agreement in
writing duly executed by the parties hereto.
10. TERMINATION:
This Intergovernmental Agreement may be terminated by any party
hereto with 90 days written notice to the other parties. In the event of
such termination, those portions of the Poudre River Trail, including
improvements and signs on such portions, located within the city, town,
or county shall remain under the ownership and control of such
jurisdiction, and all monies being maintained in the Poudre River Trail
Funds shall be split evenly among the parties hereto, unless such monies
are otherwise specifically designated upon devise or donation for use for
the Poudre River Trail as it lies within one or more of the three
jurisdictions.
Page 4 of 6 Pages
33
DATED this3D day of amli«i y 199(
ATTEST: CITY OF GREELEY, COLORADO
BY: 6.97,110i A ,Lid BY:
City Clerk William J. or on, Mayor
U
APPROVED AS TO LEGAL F RM: APPROVED AS TO SUBSTANCE:
,j,,,, _
'� `kiLA BY: BY:`Richard P. Brady, City Attor ey Pau Grattet, City Manage
AS TO AVAILABILITY OF FUNDS:
BY:
/� 7LL Director of Financt/
ATTEST: TOWN OF WINDSOR, COLORADO
BY: I'' ttljn tir-f/<rlr� BY:
Town/Clerk ��3 Thomas Jones, M or
/
a
APPROVED AS1TO LEGQCL FORM: APPROVED AS TO SUBSTANCE:
/le/4H/
BY: A / BY: ' f (
John Yey, City Attorn Glen Weld n, Town Manager
4
AS TO AVAILABILITY OF FUNDS:
BY:
Director of Finance
Page 5 of 6 Pages
ATTEST: /Ora '// 4j7Lee4
COUNTY OF WELD, STATE OF
COLORADO, BY AND THROUGH THE
CLERK TO THE BOARD BOARD OF COUNTY COMMISSIONERS OF
THE COUNTY OF WELD
l
Deputy Clerk to the Board_` W. H. Webster, Chairman /02//qh4
iapoudre.gjb
Page 6 of 6 Pages
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