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HomeMy WebLinkAbout910306.tiff INTERGOVERNMENTAL AGREEMENT WELD COUNTY ROAD WEIGHT RESTRICTIONS THORNTON/WELD COUNTY - 1991 THIS AGREEMENT is made and entered into by and between the City of Thornton, a home rule city and a political subdivision of the State of Colorado ("Thornton") , and Weld County, a home rule county and a political subdivision of the State of Colorado ("Weld") , on this O- day of April, 1991, pursuant to Section 29-1-203, Colorado Revised Statutes. WHEREAS, Thornton desires to annex certain property located in Weld County ("Sack II Annexation") ; and WHEREAS, said proposed annexation includes a portion of Weld County Road 2 ("WCR 2") ; and WHEREAS, WCR 2 is commercially and economically vital to Weld and its citizens as a farm to market and business route; and WHEREAS, Thornton desires to promote and protect efficient transpor- tation for all citizens and to ensure the continued availability of WCR 2 for farm to market and business purposes; and WHEREAS, none of Thornton's current weight restrictions will apply to WCR 2 if annexation occurs; and WHEREAS, Thornton will accept the responsibility for road maintenance of WCR 2 if annexation occurs. NOW, THEREFORE, the parties mutually agree and covenant by their signatures, affixed hereto on separate signature pages, the following: 1. Thornton agrees that it shall not impose weight restrictions which are more stringent than those currently imposed by Weld upon any portions of WCR 2 which may be annexed by Thornton, unless such weight restrictions are necessary for public safety, supported by appropriate engineering studies and subject to the mutual consent of the parties in writing. Weight standards shall be identical for the entire width of any portion of WCR 2 which may be part of the "Sack II Annexation. " 2. Weld agrees that Thornton may impose any safety requirements, subject to the mutual consent of the parties, upon any portions of WCR 2 which may be annexed by Thornton if said safety requirements are reasonably necessary for the safe and efficient flow of traffic (according to the Model Traffic Code for Colorado and/or the Manual on Uniform Traffic Control Devices) or the public health, safety and general welfare of the citizens. Safety requirements shall be identical for the entire width of any portion of WCR 2 which may be part of the "Sack II Annexation. " 3. Thornton agrees, upon its acceptance of responsibility for maintenance of those portions of WCR 2 which may be part of the "Sack II Annexation, " to perform reasonable road maintenance and repair in a timely manner and according to generally accepted standards. 4. Thornton agrees that it shall not deny adequate access, including ingress and egress according to generally accepted engineering standards and sight distance standards, to any owner of property which is adjacent to any portion of WCR 2 which may be part of the "Sack II Annexation. " 910.40b ��0C�99 5. Should any portion of this Agreement be declared invalid by any court of competent jurisdiction, the remaining provisions hereof shall remain in full force and effect regardless of such declaration except by mutual agreement of the parties in writing. g1. 1n -2- IN WITNESS WHEREOF, the above parties hereto have caused this Agreement to be executed. CITY OF THORNTON, COLORADO Marta are�X//LWW. ��Carpenter, Mayor , ATTEST: �/ i / r P ,t51 Lt t 7 Nan y Aincent, City Clerk APPROVED AS TO FORM: Kevin Maggio, Cit rney 91.0396 -3- C.D. No. 91-073 IN WITNESS WHEREOF, the above parties hereto have caused this Agreement to be executed. COUNTY OF WELD, COLORADO G%Z By Q� Gordon E. Lac airman ATTEST: We "d Count Cl to/the Board Deputy Clerk to the Board APPROVED AS TO FORM: � f "J li L Morrison, Assistant County Attorney -4- Hello