HomeMy WebLinkAbout970085.tiffRESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT WITH TOWN OF NEW RAYMER
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
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 Town of
New Raymer, commencing upon execution and continuing year-to-year, 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 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 Town of New Raymer 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 15th day of January, A.D., 1997.
ATTEST:
Weld County Clerk t td:bo
BY:
Deputy Clerk to t e Board
cc P.); 6/,; 7V64 )/
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CJ≥LORADO
Dale K. Hall
3 (:/,4,/
Barbara J. Kirkmeye'
970085
EG0036
INTERGOVERNMENTAL AGREEMENT
TOWN OF NEW RAYMER, COLORADO
THIS AGREEMENT made and entered into this 3 1 day of To,"cr
1961-1 by and between the County of Weld, State of Colorado, 915 10th Stleet,
Greeley, Colorado 80631, hereinafter referred to as "County," and the Town of
New Raymer, Colorado, by and through its Town Council, 227 Baird, P.O. Box 146,
New Raymer, CO 80742, hereinafter referred to as "New Raymer."
WITNESSETH:
WHEREAS, New Raymer is responsible for maintaining the streets and
roadways within its town boundaries; while County, by and through its Public
Works Department, is responsible for maintaining the roadways which are part
of the County's primary and secondary road systems in the unincorporated
portions of the County, and
WHEREAS, New Raymer is in need of assistance in maintaining certain
streets and roads within the its town boundaries, those being WCR 129, from
approximately one-half mile north of WCR 84 to approximately one-half mile
north of WCR 86; and WCR 86, from approximately one-half mile east of WCR 127
to WCR 129, and
WHEREAS, County now desires to assist New Raymer in accomplishing said
mainteneance, subject to appropriation, in accordance with the terms and
conditions of this Agreement.
NOW THEREFORE, IN CONSIDERATION OF the mutual promises and covenants
contained herein, the parties hereto agree as follows:
1. COUNTY AGREES: To maintain WCR 129, from approximately one-half mile
north of WCR 84 to approximately one-half mile north of WCR 86, and WCR
86, from approximately one-half mile east of WCR 127 to WCR 129
The term "maintenance" shall include the following:
a. Blading
b. Snow removal
c. Minor gravel replacement
"Maintenance" does not include placement and replacement of culverts and
road signs.
2. NEW RAYMER AGREES: To waive any charges incurred for water service
provided to the Weld County Department of Public Works Maintenance Shop
located at Broke Street between Shirley Street and Peckham in New Raymer.
Also, the Town agrees to mow the lot at the location of the grader shed.
3. TERM: The term of this Agreement shall be in effect from its date of
signing and shall be renewed annually for successive one-year periods
until such time as it is terminated as set forth in Section 4 below.
Page 1 of 3 Pages
970085
4. TERMINATION: This Agreement may be terminated by either party upon
providing to the other party written notice of such termination at least
30 days prior to the projected date of termination. Notwithstanding the
foregoing, this Agreement shall terminate automatically at the end of any
one-year term upon the non -appropriation of funds by the County for the
maintenance as contemplated in this Agreement. Notice of such non -
appropriation shall be provided to New Raymer at the address shown above
at least 30 days prior to the end of the one-year term.
5. NON -ASSIGNMENT: This Agreement shall not be assignable without prior
written consent of County or New Raymer, whichever is the non -assigning
party.
6. MODIFICATIONS 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 modifications, amendment, novation, renewal,
or other alteration of or to this Agreement shall be deemed valid or 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 or 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 expressed or implied, shall not constitute a consent
to, waiver of, or excuse for any other different or subsequent breach.
7. SEVERABILITY: If any terms or condition of this Agreement shall be held
to be invalid, illegal, or unenforceable, this Agreement shall be
construed and enforced without such a provision to the extent this
Agreement is then capable of execution within the original intent of the
parties hereto.
8. NO THIRD PARTY BENEFICIARY ENFORCEMENT: It is expressly understood and
agreed that 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 contained in this
Agreement shall give or allow any claim or right of actions 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 deemed an incidental beneficiary only.
9. INDEMNIFICATION: To the extent authorized by law, New Raymer agrees to
indemnify, save, defend, and hold harmless County from any and all
liability incurred as a result of acts, omissions, or failures to act by
County in its performance of the duties set forth in this Agreement on
those portions of the streets and roads located within New Raymer'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 County and its employees.
Page 2 of 3 Pages
970085
IN WITNESS WHEREOF, the parties hereto have signed this Agreement this
3\ day of 3c.“n%ar.( , 1917.
ATTEST:
ATTEST:
Weld Count -y Clerk to -,:the
TOWN OF NEW RAYMER, COLORADO
By:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
By: . I��1'r2 e, .I�L�By:
Deputy ler �e Board
APP•ec D -S TO FO
e T. Barker
ld County Attorney
:m\agreement\NEWRAY.AGR
Geotee E. Baxter, Chair O,//6 /q7
Page 3 of 3 Pages
Page 3 of 3 Pages
970085
*jilt
WUDc. To
COLORADO
From
MEmORAIMUM
Subject:
Clerk to the Board
Date
Dave Becker, Public Works Department
A Benda Item
January 8, 1997
Th
Please place the following item on the Board's agenda:
INTERGOVERNMENTAL AGREEMENT
WITH THE TOWN OF NEW RAYMER, COLORADO
Appropriate documentation is attached.
If you have questions, please give me a call at EXT. 3754.
970085
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