HomeMy WebLinkAbout960978.tiff RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT REGARDING SOLID WASTE
DISPOSAL SITES WITH TOWN OF ERIE, 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 regarding
Solid Waste Disposal Sites between the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, and the Town of Erie, Colorado, with 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 Agreement regarding Solid Waste Disposal Sites between the County
of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,
and the Town of Erie, 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 3rd day of June, A.D., 1996.
/J BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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r w1 Barba a J. Kirkmeypr, Chair
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ism O' '.�`='•g. ty Clerk to the Board rC
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N�.��J� ! eor9 e�Baxter, Pr Te
`LUJ`►Deputy Cler o the Board
Dale K. Hall
APPR - AS TO FO (��Q�zv+e
Constance L. Harbert
C AttorneyI
W. H. Websthr
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INTERGOVERNMENTAL AGREEMENT REGARDING
SOLID WASTE DISPOSAL SITES
This INTERGOVERNMENTAL AGREEMENT REGARDING SOLID WASTE DISPOSAL
SITES is made and entered into effective as of June 3 , 1996 between the Board of County
Commissioners of the County of Weld, State of Colorado, hereinafter called the "COUNTY," and the
Town of Erie, a Colorado Municipal corporation, hereinafter called the TOWN."
RECITALS
A. The COUNTY exercises governmental authority regulating land use, growth, solid waste
facility siting and development in its unincorporated areas, which areas include lands outside the
corporate limits of Erie but inside the Erie planning area; and
B. Erie exercises governmental authority over the same matters within its municipal
boundaries, and annexations, and is able to provide municipal services and facilities for efficient and
desirable urban development; and
C. In Title 29, Article 20, Colorado Revised Statutes, the General Assembly of the State of
Colorado has granted broad authority to local governments to plan for and regulate the development
and use of land within their respective jurisdictions; and
D. In said Title 29, Article 20, Colorado Revised Statutes, the General Assembly has further
authorized and encouraged local governments to cooperate and contract with each other for the purpose
of planning and regulating the development of land by the joint and coordinated exercise of planning and
zoning, and related regulatory powers; and
E. Joint and coordinated exercise by the COUNTY and TOWN of their respective planning,
zoning, subdivision, and related regulatory powers in such areas will best promote the objectives stated
in this Agreement.
F. C.R.S. § 29-1-203 and § 29-20-105(h) authorize agreement to provide functions, services
or facilities authorized to each including the joint exercise of said functions as well as the sharing of
costs and revenues.
NOW THEREFORE, for and in consideration of the mutual promises and undertakings herein
set forth, the parties agree as follows:
1. PURPOSES AND OBJECTIVES; The purpose of this Agreement is to establish
procedures and standards pursuant to which the parties will move toward greater coordination in the
exercise of their land use and related regulatory powers, coordinate road improvement and maintenance,
and share in costs and revenues within the TOWN and the Erie Comprehensive Planning
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Weld County CO Clerk & Recorder 0.00
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Area. The objectives of such efforts are to accomplish the type of development in such areas which
best protects the health, safety, prosperity, and general welfare of the inhabitants thereof, and to
achieve maximum efficiency and economy.
2. DEFINITIONS. For the purposes of this Agreement the following terms shall be
defined as set forth herein:
(a) Erie Planning Area The area located between Colorado State
Highway 52 and Colorado State Highway 7 and Weld County Road 1 and Interstate-25. For the
purposes of this agreement only, this term shall also include the area within the TOWN'S municipal
boundaries.
(b) Maintenance Activities Includes pavement chip seal, patching
and repair and pavement overlay and similar activities, and repair and replacement of drainage
facilities including ditches and culverts but specifically excluding snow removal or activities defined
as capital construction. Maintenance activity shall also include the costs for strength testing of
pavement and substructure testing and analysis to determine overlay strength and thickness.
(c) Capital Construction. Includes bridge construction or
replacement and paving or construction of target road segments 7, 8, or 9 and the addition of travel
lanes to segments 1- 9.
(d) Erie Area Road Advisory Group shall consist of representatives
appointed by the governing body of each party for the purpose of setting the priority for expenditure
of trust funds under this Agreement. The proceedings shall be conducted informally and the number
of participants from each party shall not be limited but each party shall have only one vote .
(e) Initial jurisdiction shall mean the party to whom an application
for a Certificate of Designation or amendment thereto is required to be filed with pursuant to State
law.
(f) Weld PS. The Weld County pavement management system(the
system currently used by Weld County is known commercially as SUPER PMS, authored by
Pavement Management Systems )
3. TOWN agrees to retain the COUNTY by and through its Health department to
conduct inspections on existing solid waste sites holding certificates of designation and to review new
or amended certificates of designation as determined by the TOWN for sites within the Town `s
municipal boundaries. COUNTY agrees to bill the TOWN at the COUNTY' S standard hourly
billing rate which is annually established and based upon actual direct and indirect costs to the
County. The COUNTY, except as otherwise set forth in this Agreement, shall not be responsible for
the enforcement or administration of existing Certificates of Designation nor the final consideration
of new sites except that staff of the Weld County Health Department may be called as witnesses in
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any administrative or Court proceeding by the TOWN at the standard hourly rate. TOWN and
COUNTY agree to execute a separate agreement, similar in form to the agreement for building
inspections prior to the commencement of inspections or review. Town shall have the option to retain
its own qualified inspection firm or to perform inspections itself upon sixty days written notice to the
county
4. REFERRALS. The party with initial jurisdiction will refer all-proposals within the
Erie Planning Areas for new or amended Certificates of Designation for solid waste sites and any
expansions of solid waste sites to the other party for their review and recommendation. Such referral
will include at least a copy of the written Development proposal and preliminary staff summary of the
case. The party with initial jurisdiction will allow not less than twenty-one (21) days for the other
party to review same and furnish their recommendations to staff prior to formulation of the staff
recommendation. If the other party does not respond within such time, staff may proceed with its
recommendation,-but any comments or recommendation received on or before the Thursday next
preceding the meeting of the Board of County Commissioners, Board of Trustees or Planning
Commission at which the matter will be considered will be transmitted to the Board or Commission.
If the other party submits no comment or recommendation the party with initial jurisdiction may
assume they have no objection to the proposal. If the other party submits recommendations, the party
with initial jurisdiction will either include within its written decision the reasons for any action taken
contrary to the other parties recommendations or furnish such reasons by a separate writing.
5. IMPLEMENTATION. Following the mutual execution of this Agreement each party
will promptly enact and implement such amendments to its existing land use or annexation regulations
as may be necessary to give effect to the provisions of this agreement. Each party shall have sole and
exclusive discretion to determine such measures and any additional provisions enabling it to perform
this Agreement. Each party's land use regulations as referred to herein are ordinances whose
amendment requires certain formalities, including notice and public hearings. The mutual covenants
in this section and elsewhere to implement this Agreement promptly are given and received with
mutual recognition and understanding of the legislative processes involved, and such covenants will
be liberally construed in light thereof.
6. SOLID WASTE REVENUE DISTRIBUTION. Parties agree to share the revenues
from the solid waste sites and facilities surcharge for facilities within the Erie Planning Area as
follows:
a. All solid waste sites and facilities surcharge tax revenues collected for each
party within the subject area shall be distributed between the parties as
follows:
1) Each party shall collect 10% of the gross receipts consistent with
Weld County Ordinance 164-A as amended and Weld County Home
Rule Charter Article XVI, § 16-11.
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2) The first 5%of the gross receipts shall be distributed to the COUNTY
Solid Waste Fund for the Household Hazardous Waste Program.
3) 1%of the gross receipts, subject to readjustment on an annual basis,
would be assigned to a Road Maintenance and Improvement Trust
Fund(Trust Fund), with the County as custodian under the direction
of the Erie Area Road Advisory Group for the benefit of both parties.
4) The final 4% of the gross receipts , subject to readjustment on an
annual basis, shall be retained by the party with jurisdiction over the
facility to be used in accordance with the parties' individual policies
and ordinances.
5) Any other revenues which are identified as for the specific purpose of
maintenance or improvements to the target roads such as the
condition of approval in the Zigan/ERD/Sanifill USR-CD for
maintenance to WCR 5 shall also be assigned to the trust fund.
b. All tax revenues subject to sharing pursuant to this Agreement shall be
distributed between the two parties no later than twenty (20) calendar days
following the end of the calendar quarter during which the revenue was
collected or received.
c. Each party shall make every effort to standardize with the other party , the
procedures, ordinances and regulations applicable to the revenues to be shared
pursuant to this Agreement.
d. Trust Fund shall be an interest bearing account maintained by the Weld
County Treasurer. COUNTY shall provide the accounting services to
maintain an accurate accounting for all financial transactions of the Trust
Fund. An accounting of the Trust,Fund shall be provided to the Erie Area
Road Advisory group upon request but at least annually.
7. The trust funds may be expended on road maintenance and capital construction on the
following "target road segments"
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I I
geld fror(t. :; to
1 5 SH 7 WCR 6
2 5 WCR 6 WCR 12
3 5 WCR 12 SH 52
4 8 WCR 3 I-25
5 7 SH 7 WCR8
6 6 WCR 7 I-25
7 8 WCRI WCR3
8 6 WCR 1 WCR 5
undeveloped
9 6 WCR5 WCRI
un.aved
A. The decision to expend the funds will be made based upon the recommendation
of(the Erie Area Road Advisory Group)
B. The County will develop annually, using the Weld PS,-a 20 year anticipated
maintenance schedule and cost estimate. The 1% will be adjusted in accordance with the 20 year
schedule and projected revenues. The priority for maintenance shall be-determined by using the Weld
PS . An annual inventory and rating to determine a pavement quality index (pqi) will be conducted
by County on all paved segments. The pqi rating ranges from a score of 10 for newly installed
pavement to a score of 1 for totally deteriorated paving.
C. The parties agree that when the pqi falls below pqi of 7 on a paved target road
segment, maintenance activity is required. The PS will be used to determine the nature of the activity
required by considering pavement strength testing results and the road roughness and distress
characteristics as determined using the Surface Distress Index Manual component of the Weld PMS
subject to the availability of Trust funds.
D. Construction priorities shall be determined by the parties through the Erie
Road Advisory Group. Nothing contained herein shall preclude financing of construction of the
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capital construction from other funding sources including by means of a special appropriation to the
Trust by either party.
E. Should a conflict arise between the parties as to the need for or nature of
maintenance or capital construction activities to be conducted, the matter shall be resolved by
submitting the dispute to a third party acceptable to both parties who shall be the Director of public
works (or the functional equivalent) of a front range county. The arbitration shall be conducted
informally unless the parties otherwise stipulate. The arbiter shall be provided the information
available to the party representative and the arbiter shall not require the expenditure of funds in
excess of those in the Trust.
F. The Erie Area Road Advisory Group shall meet at least twice annually at the
beginning of the second and fourth quarters of the year but such meetings may be conducted
electronically. The Erie Area Road Advisory group shall review the revenue projections and the 20
year plan developed under Weld PS and make-a finding regarding future need for revenue. The Erie
Area Road Advisory Group will report their findings to the TOWN and COUNTY for any required
budgetary or other legislative action to implement their findings. The distribution between the funds
retained by the party with jurisdiction and the trust fund may be adjusted by letter agreement by the
parties.
8. MISCELLANEOUS PROVISIONS.
A Severability. Should any one or more sections or paragraphs of this
Agreement be judicially determined invalid or unenforceable, such judgment shall not affect, impair
or invalidate the remaining provisions of this Agreement, the intention being that the various sections
and paragraphs are severable.
B Enforcement. Either party may seek specific performance or enforcement of
this Agreement in a Court of competent jurisdiction, but neither party shall have any claim or remedy
for damages arising from an alleged breach hereof against the other, nor shall this agreement confer
on either party additional standing to contest a land use decision or action of the other except as a
breach of this agreement. This agreement is not intended to modify the standing the parties may
possess independent of this agreement. This Agreement is between the TOWN and the COUNTY
and no third party rights or beneficiaries exist or are created hereby.
C Amendment. This agreement, except as otherwise setforth herein, shall be
amended only by express written agreement of all of the parties. The procedures used for
consideration and approval of the original Agreement by each party shall be followed in the course
of any amendments.
D Term and Termination. The parties recognize that this Agreement will likely
be most effective if it continues in effect for at least 20 years. The term of this Agreement shall be
one years but it shall be renewed annually automatically unless 180 days prior to its expiration notice
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is provided of an intent not to renew this agreement and no target segments remain with a pqi of 7
or less. Any funds remaining in the Trust fund following non-renewal shall be expended in
accordance with the terms of this Agreement as soon as is practicable.
IN WITNESS WHEREOF,the parties have executed this Agreement effective as of the date
first above written.
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
f! By /1 ,cam i /)JJJa i L
IE a, JJ Chair /3/96
Op ek- ida444
1861 K. 0
y tet
to :o:rd of Count
�: mmissioners of the County
of Weld
TOWN OF ERIE, COLORADO
By:
v y, Victor F. Smith, Mayor
J,: r',1ATTES ;k
Or
} B re 'W
: 'c a Marino, Town Clerk
C:\OFFICE\WPWIN\WPDOCSWDMIN\A-WLDIGAWPD 7
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R��� or re to.No
��:� TOWN OF ERIE
� 645 HOLBROOK P.O.BOX 100
a ERIE, COLORADO 80516
1 LOCAL(303)828-3843
\\P "`1 / METRO(303)665-3555„o
\ . _
,) June 5, 1996
r
Lee Morrison, Esq.
Assistant County Attorney fII.
I E t. . . I qt./
Weld County \P. O. Box 458 JUINN 1 01996 Greeley, Colorado 80632
WELD COUNTY
Re: Solid Waste IGA h ATTORNEY'S OFFICE
Dear Lee:
Enclosed please find two signed original Intergovernmental Agreements. As we discussed,
the County will see to recording the document. My understanding is that you will return one signed
original to the Town of Erie once it is signed. If it is not too much trouble, I would-like to receive
a copy of the recorded document as well, when you get it back from the Clerk and Recorder.
Thank you for all of your cooperation-through this lengthy process of developing the IGA.
I appreciate your good nature and the hard work that you do. Hope to meet you in person some day.
Thank you again.
Sincerely,
1:41/ - ' )2 . .
Lisa M. Marino
Town Clerk
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POLICE DEPT, P.O. BOX 510 InETRO(303)449-3156 LOCAL(303)828-3200,4'9 LONGMONT FIRE PROTECTION DISTRICT m
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