HomeMy WebLinkAbout960912.tiff RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR MAINTENANCE AND
ANNEXATION OF CERTAIN ROADWAYS ADJACENT TO CITY OF FORT LUPTON,
COLORADO, AND AUTHORIZE CHAIR 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
Maintenance and Annexation of Certain Roadways Adjacent to the City of Fort Lupton, Colorado,
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and the City of Fort Lupton, Colorado, with terms and conditions
being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve saki 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 Maintenance and Annexation of
Certain Roadways Adjacent to the City of Fort Lupton, Colorado, between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, and the
City of Fort Lupton, Colorado, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair 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 22nd day of May, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
e//t2jhL4j
WEED COUNTY, COLO DO
I� T: � �
Barbara J. Kirkmey Chair 11
icci to Ale my Clerk to the Board /
ll feu � r(lo-Teimj:
nGeorge E. Baxter,
`� Deputy Cler o the Board FXCI ISFf) f)ATF f1F SIf;NINf; (AVF)
Dale K. Hall
O D A O FO M: FXCI ISFII DATF f)F SIf;NINC (AVFI
Constance L. Harbert l^ti,. H. Webster
960912
CC; /'Lt; et?" 11 i.yier? ' FL EG0035
INTERGOVERNMENTAL AGREEMENT FOR THE
MAINTENANCE AND ANNEXATION OF CERTAIN ROADWAYS
ADJACENT TO THE CITY OF FORT LUPTON, COLORADO
THIS INTERGOVERNMENTAL AGREEMENT is made and entered into this—day
ofl , 1996 by and between the CITY OF FORT LUPTON, COLORADO,hereinafter
referred to as "ctt. Lupton," by and through its City Council, with its principle office located at 130
S. McKinley Ave., Fort Lupton, Colorado 80621, and COUNTY OF WELD, STATE OF
COLORADO, by and through the Board of County Commissioners of the County of Weld, State
of Colorado, hereinafter referred to as "County," with its principle office located at 915 Tenth Street,
Greeley, Colorado -80631.
WITNESSETH:
WHEREAS, a 2,670 foot stretch of Weld County Road (WCR) 14.5, between Ft. Lupton's
city limits and WCR 29 (hereinafter referred to as "the WCR 14.5 stretch"); and a 2,569 foot stretch
of WCR 31, between Colorado State Highway 52 and WCR 14 (9th Street) (hereinafter referred to
as "the WCR 31 stretch"), are located entirely within the jurisdictional boundaries of County, and
WHEREAS,the WCR 14.5 and WCR 31 stretches are shown on the map which is attached
hereto as Exhibit "A", and
WHEREAS, a sewer line, which is owned and maintained by Ft. Lupton, runs the entirety
of the WCR 14.5 stretch, and as a result, Ft. Lupton has performed maintenance duties thereon and
wishes to continue to do so at its sole expense, and
WHEREAS, County has performed maintenance duties on the WCR 31 stretch; however,
Ft. Lupton now desires to perform said maintenance duties at its sole expense and to annex said
WCR 31, and
WHEREAS,this Agreement is authorized by C.R.S. § 29-1-203 and Colorado Constitution
Article XIV, § 18(2)(1).
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. MAINTENANCE OF WCR 14.5 AND WCR 31 STRETCHES: Ft. Lupton agrees
to maintain the WCR 14.5 and WCR 31 stretches from the date of the signing of this
Intergovernmental Agreement on a continuous basis thereafter.All such maintenance
performed by Ft. Lupton shall be at its sole expense.
Page 1 of 3 Pages
960912
The term"maintenance" as used herein, shall include the following:
A. Blading:
B. Snow removal. Snow removal by Ft. Lupton 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, nor
does it include paving.
2. ANNEXATION BY FT. LUPTON: Ft. Lupton agrees to annex the entire width of
the WCR 31 stretch. Upon receiving a petition for annexation from County, Ft.
Lupton shall pass a resolution of intent to annex the WCR 31 stretch. Said resolution
shall be passed and signed no later than sixty (60) days after receipt of County's
petition. Ft. Lupton shall then complete said annexation within a reasonable period
of time thereafter, but in any event, no later than 180 days after receiving County's
petition.
3. TERM: The term of this Intergovernmental Agreement shall be from the date first
written above to and until the date of the completion of the annexation referred to in
paragraph 3., above.
4. ENTIRE AGREEMENT / MODIFICATION AND BREACH: This
Intergovernmental Agreement contains the entire agreement and understanding
between the parties hereto 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 Intergovernmental
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 Intergovernmental 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.
5. SEVERABILITY: If any term or condition of this Intergovernmental Agreement
shall be held to be invalid, illegal, or unenforceable, this Intergovernmental
Agreement shall be construed and enforced without such provision to the extent that
this Intergovernmental Agreement is then capable of execution within the original
intent of the parties hereto.
6. NO THIRD PARTY BENEFICIARY ENFORCEMENT: It is expressly understood
Page 2 of 3 Pages
9+6091g_2
and agreed that the enforcement of the terms and conditions of this
Intergovernmental Agreement, and all rights of action relating to such enforcement,
shall be strictly reserved to the undersigned parties and nothing in this
Intergovernmental Agreement shall give or allow any claim or right of action
whatsoever by any other person not included in this Intergovernmental Agreement.
It is the express intention of the undersigned parties that any entity other than the
undersigned parties receiving services or benefits under this Intergovernmental
Agreement shall be an incidental beneficiary only.
7. NO WIAVER OF IMMUNITY:
No portion of this Agreement shall be deemed to constitute a waiver of any
immunities the parties or their officers or employees may possess, nor shall-any
portion of this Agreement be deemed to have created a duty of care that did not
previously exist with the respect to any person not a party to this agreement.
IN WITNESS WHEREOF, the parties hereto agree to the terms and conditions set forth
herein as of thisp�t4ay of 'air- , 1996.
ttb ST: WELD COUNTY, COLORADO, by and
U through THE BOARD COUNTY
ECLs�� TO THE BOARD COMMISSIONERS OFOF WELD COUNTY,
isci or r COLORADO
, /
O 1 BY? )LGS I ‘,-1ifitteiZ'L--
Deputy Cle S to the Board ./Barbara J. Kirkmey, Chair
P Y
ATTEST: CITY OF FORT LUPTON,COLORADO,by
and through its CITY COUNCIL
Di .
BY: at,�Gt.ZeL, 41eZr(
BY: /4)
,Mayor
m:\wpfiles\agree\FtLp
Page 3 of 3 Pages
3609:P2
RESOLUTION 96-011
A RESOLUTION EXPRESSING THE INTENT OF THE CITY OF FORT
LUPTON TO ANNEX (UPON THE RECEIPT OF A PETITION FOR
ANNEXATION FROM WELD COUNTY) A CERTAIN STRETCH OF WELD
COUNTY ROAD 31 WITHIN 180 DAYS AFTER THE SIGNING OF AN
INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF FORT
. LUPTON AND WELD COUNTY FOR THE MAINTENANCE AND
ANNEXATION OF CERTAIN ROADWAYS ADJACENT TO THE CITY OF
FORT LUPTON, COLORADO
WHEREAS, the City of Fort Lupton and Weld County are presently working, in a
mutual manner, on an intergovernmental agreement for the maintenance and annexation of
certain roadways adjacent to the City of Fort Lupton, Colorado; and
WHEREAS, under the provisions of said agreement, a certain stretch of Weld
County Road 31 is to be maintained and annexed by the City of Fort Lupton (See Exhibit
"A"for Map); and
WHEREAS, said agreement requires the City of Fort Lupton to pass a resolution,
within sixty (60) days after the signing of the agreement and upon the receipt of a petition
for annexation from Weld County, to express its intent to annex said stretch of Weld
County Road 31 within 180 days after the signing of said agreement.
BE IT THEREFORE RESOLVED, that the City Council of the City of Fort Lupton
hereby expresses its intent to annex (upon the receipt of a petition for annexation from
Weld County) that certain stretch of Weld County Road 31 described on the attached
Exhibit"A" within 180 days after the signing of the intergovernmental agreement between
the City of Fort Lupton and Weld County for the maintenance and annexation of certain
roadways adjacent to the City of Fort Lupton, Colorado.
CITY OF FORT UPTON
BY
Dick Wolfe, Ma r
Approved as to form: Attest:
( , w, C9, x7 A,,-CU ,-cam �DV 4 A,16-):rt
T. William Wallace, City Attorney Barbara Rodgers, City Clerk
AM 96-038(Revised)
960912
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