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Home My WebLink About981424.tiff RESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR CONDUCTING ELECTION REGARDING EXTENSION OF REGIONAL TRANSPORTATION DISTRICT INTO WELD COUNTY, COLORADO 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, through SB 98-120, the Colorado General Assembly enacted Section 32- 9-106.5, C.R.S., as amended, which provides a procedure whereby an area of Weld County is to be included in the Regional Transportation District ("RTD") if approved by an election by those eligible electors within said area, and WHEREAS, said area is described in Section 32-9-106.5(1), C.R.S., as amended, as follows: Beginning at a point on the western right-of-way line of County Road 1 where it intersects the southern right-of-way line of County Road 2; thence north along the western right-of-way line of County Road 1 to the northern right-of-way line of County Road 30; thence east along the northern right-of-way line of County Road 30 to the eastern right-of-way line of County Road 19; thence south along the eastern right-of- way line of County Road 19 to the southern right-of-way line of County Road 2; thence west along the southern right-of-way line of County Road 2 to the beginning point, said area being hereinafter referred to as the "Extension Area," and WHEREAS, Section 32-9-106.5(2)(a)(II)(A), C.R.S., as amended, states that for the Extension Area to be included in the RTD, there must be an election held either at the General Election in 1998, 2000, or 2002, as determined by Intergovernmental Agreement of the governing bodies of all municipalities that include portions of the Extension Area, and by the Board of County Commissioners, and WHEREAS, the Board of County Commissioners desires to enter into an Intergovernmental Agreement with the affected municipalities, wherein the governmental entities agree to jointly call for such election to be held at the General Election on November 3, 1998; to set the ballot language; to designate the Weld County Clerk and Recorder to be the "Designated Election Official" for such election; to designate who shall be responsible for paying the costs of the election; and to state that the inclusion of the territory within the RTD shall not be an encumbrance of any of the funds of the governmental entities. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the agreement entitled: "Intergovernmental Agreement for Conducting Election Regarding Extension of Regional Transportation District into Weld County, 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. 981424 BC0026 RE: INTERGOVERNMENTAL AGREEMENT FOR CONDUCTING ELECTION PAGE 2 BE IT FURTHER RESOLVED by the Board of County Commissioners that this Resolution shall be all that which is necessary to comply with Section 32-9-106.5(2)(b), C.R.S., as amended. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of August, A.D., 1998. BOARD OF COUNTY COMMISSIONERS / W/EEL COUNTY, COLORADO ATTEST: Constance L. ar ert, Chair Weld Count le to r - r r. ��/ / p244--) 1801 , ��i • W. F1. ebs\er, Pro-Tem BY: Deputy�!t�� d� EXCUSED DATE OF SIGNING (AYE) George E. Baxter A OV AS FORM: EXCUSED Dal K. Hall ounty A ney � Barbara J. Kirkmeyer 981424 BC0026 INTERGOVERNMENTAL AGREEMENT FOR CONDUCTING ELECTION REGARDING EXTENSION OF REGIONAL TRANSPORTATION DISTRICT INTO WELD COUNTY, COLORADO t4 THIS INTERGOVERNMENTAL AGREEMENT dated this 17 day of 0� , 1998, is by and between the County of Weld, Colorado, by and through the Boar of County Commissioners of the County of Weld, hereinafter referred to as "Weld County;" the Cities of Broomfield, Dacono, Longmont, and Northglenn, Colorado, by and through their respective city councils; and the Towns of Erie, Firestone, Frederick, and Mead, Colorado, by and through their respective town boards of trustees, hereinafter collectively referred to as "Municipalities." The address of all of the parties are set forth on their respective signature pages, below. WITNESSETH: WHEREAS, through SB 98-120, the Colorado General Assembly enacted C.R.S. § 32-9- 106.5,which provides a procedure whereby an area of Weld County is to be included in the Regional Transportation District ("RTD") if approved by an election by those eligible electors within said area; and WHEREAS, said area is described in C.R.S. § 32-9-106.5(1), as follows: Beginning at a point on the western right-of-way line of County Road 1 where it intersects the southern right-of-way line of County Road 2; thence north along the western right-of-way line of County Road 1 to the northern right-of-way line of County Road 30; thence east along the northern right-of-way line of County Road 30 to the eastern right-of-way line of County Road 19; thence south along the eastern right-of-way line of County Road 19 to the southern right-of-way line of County Road 2; thence west along the southern right-of-way line of County Road 2 to the beginning point, said area being hereinafter referred to as the "Extension Area;" and WHEREAS, C.R.S. § 32-9-106.5(2)(a)(II)(A) states that for the Extension Area to be included in the RTD, there must be an election held either at the general election in 1998, 2000, or 2002, as determined by intergovernmental agreement of the governing bodies of all municipalities that include portions of the Extension Area,and by the Board of County Commissioners of the Weld County; and WHEREAS, Municipalities comprise all of the municipalities that include portions of the Extension Area; and WHEREAS, this Intergovernmental Agreement is intended to satisfy the requirements of C.R.S. § 32-9-106.5. Page 1 of 12 Pages NOW,THEREFORE,in consideration of the mutual promises and covenants set forth herein, the parties hereto agree as follows: 1. TERM: The term of this Intergovernmental Agreement shall be from the date of signature hereunder, to and until such time as the result of the election called for in Paragraph 2, below, is certified by the Weld County Clerk and Recorder. 2. CALL FOR ELECTION: The parties collectively call for an election, pursuant to the requirements set forth in C.R.S. § 32-9-106.5 to be held at the General Election of November 3, 1998, for the purpose of allowing the eligible electors within the Extension Area to vote for or against the inclusion of the ExtenSion Area in the RTD. The parties agree that the ballot language shall be in the form as follows: SHALL THE AREA OF WELD COUNTY, COLORADO THAT IS DESCRIBED AS FOLLOWS BE INCLUDED IN THE REGIONAL TRANSPORTATION DISTRICT,FOR WHICH THE CURRENT RATE OF SALES TAX LEVIED IS 0.6%? BEGINNING AT A POINT ON THE WESTERN RIGHT-OF-WAY LINE OF COUNTY ROAD 1 WHERE IT INTERSECTS THE SOUTHERN RIGHT-OF-WAY LINE OF COUNTY ROAD 2;THENCE NORTH ALONG THE WESTERN RIGHT-OF-WAY LINE OF COUNTY ROAD 1 TO THE NORTHERN RIGHT-OF-WAY LINE OF COUNTY ROAD 30; THENCE EAST ALONG THE NORTHERN RIGHT-OF-WAY LINE OF COUNTY ROAD 30 TO THE EASTERN RIGHT-OF-WAY LINE OF COUNTY ROAD 19; THENCE SOUTH ALONG THE EASTERN RIGHT-OF-WAY LINE OF COUNTY ROAD 19 TO THE SOUTHERN RIGHT-OF-WAY LINE OF COUNTY ROAD 2; THENCE WEST ALONG THE SOUTHERN RIGHT-OF-WAY LINE OF COUNTY ROAD 2 TO THE BEGINNING POINT. 3. DESIGNATED ELECTION OFFICIAL: The Weld County Clerk and Recorder is hereby designated by the parties as the Designated Election Official for the election called for in Paragraph 2, above. The Clerk and Recorder shall conduct the election pursuant to the provisions set forth in Articles 1 to 13 of Title 1, C.R.S. 4. COSTS OF THE ELECTION:The parties agree that all costs associated with the conducting of the election called for in Paragraph 2, above, shall be paid for by Weld County, for which payment it may use monies from the RTD, if available. 5. INCLUSION NOT AN ENCUMBRANCE: The parties agree that if the eligible electors of the Extension Area vote for inclusion into the RTD, such inclusion shall not require the encumbrance of any of the funds of Weld County or the Municipalities and, further, that neither Weld County, nor the Municipalities, shall be required to appropriate funds for the activities of the RTD within the Extension Area. Page 2 of 12 Pages 6. APPROVAL BY THE PARTIES BY RESOLUTION: Each of the parties herein agree to approve this Intergovernmental Agreement by separate resolution and, further, that such approving resolution shall be all that which is necessary to comply with C.R.S. § 32-9- 106.5(2)(b). 7. ENTIRE AGREEMENT: The parties hereby agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than expressly set forth herein, and no oral representation,promise, or consideration different from the terms herein contained shall be binding on either party, or its agents or employees, hereto. This Intergovernmental Agreement embodies all agreements between the parties hereto and there are no promises, terms, conditions, or obligations referring to the subject matter whereof other than as contained herein. 8. SEVERABILITY: If any term or provision of this Intergovernmental Agreement, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable,the remainder of this Intergovernmental Agreement,or the application of such terms or provisions, to a person or circumstances, other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Intergovernmental Agreement shall be deemed valid and enforceable to the extent permitted by law. 9. NO WAIVER OF IMMUNITY: No portion of this Intergovernmental 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 Intergovernmental Agreement be deemed to have created a duty of care which did not previously exist with respect to any person not a party to this Intergovernmental Agreement. 10. NO THIRD PARTY BENEFICIARY ENFORCEMENT: It is expressly understood 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. IN WITNESS WHEREOF,the parties have set their hands on the day and year first above written. M\WYTVN AGREEVRDELECRW]D Page 3 of 12 Pages ATTEST: Litil -✓ '- BOARD OF COUNTY COMMISSIONERS CLERK TO THE BO Flab OF WELD COUNTY, COLORADO COUNTY COMM .SI!� Tsai � S� 6 Deputy Clef« ! � Constance L. Harbert, Chair (O7/17/9?, Page 4 of 12 Pages 98p -1a4 ATTEST: CITY OF BROOMFIELD, COLORADO BY: ��rl.. BY: W./LP- X;-, ✓� I ao�-- Vicky Marcy it erk William Berens, Mayor CITY OF BROOMFIELD One DesCombes Drive Broomfield, CO 80020 Phone: (303) 469-3301 FAX: (303) 469-8554 APF DASTOF IIIM ,) Cityy))Anorr�e I� Page 5 of 12 Pages 98iy,24 ATTEST: CITY OF DACONO, COLORADO BY: tif1iY1 BY: &i4 t5�2 Nancy Ell ott, 7 Clerk Linda Stepien, Mayor CITY OF DACONO 1 512 Cherry Street P.O. Box 186 Dacono, CO 80514 (303) 833-2317 FAX: (303) 572-7527 Page 6 of 12 Pages -asSTO4i`‘ ATTEST: 1"IOWA,• I'NSF FIRESTONE, COLORADO I S -7'4,4414 JO BY: —By/V; Trudy Peterson, Town Clerkt, pvN�,"Gp�; ck Patterson, Mayor TOWN OF FIRESTONE 150 Buchanan Avenue P.O. Box 100 Firestone, CO 80520 (303) 833-3291 FAX: (303) 833-4863 Page 7 of 12 Pages ATTEST: TOWN OF FREDERICK, COLORADO BY: , I�G C�1/t BY:14,.ri` KØM2 orkowski, City Clerk Edward Taglie , May TOWN OF FREDERICK 401 Locust Street P.O. Box 435 Frederick, CO 80530 (303) 833-2388 FAX: (303) 833-3817 Page 8 of 12 Pages ATTEST: CITY CITY OF LONGMONT, COLORADO BY:X 3\ ck a BY. Valerie Skitt, City Clerk Le na Stoecker, Mayor CITY OF LONGMONT S'UONGA e0# 350 Kimbark Street a Longmont, CO 80501 E ,� (303) 776-6050 es-4 t `"O FAX: (303) 651-8590 �q Mgt. APARO1fD AS TO FORM 1ii r/l }! , i,1-RC t1"`. fl ( !` -1 4(h/ WY Page 9 of 12 Pages 9gizia4 ATTEST: TOWN OF MEAD, COLORADO BY: 7 .27.4-"Der BY: Ju e Wo , T(ork "Keith Goshia, Mayor TOWN OF MEAD 441 3rd Street P.O. Box 626 Mead, CO 80542 (970) 535-4477 FAX (970) 535-0831 Page 10 of 12 Pages ATTEST: CITY OF NORTHGLENN, COLORADO BY:/J4flw BY:--=�� Diana Lentz, City Cle Don Parsons, Mayor f te Se,,t/$ CITY OF NORTHGLENN 11701 Community Center Drive Northglenn, CO 80233 (303) 451-8326 FAX: (303)450-8708 Page 11 of 12 Pages ATTEST: TOWN OF ERIE, COLORADO c ,___N.,..X. B : BY: J Rh nda Eckert, To Clerk Vic ith, May TOWN OF ERIE, COLORADO 1149 Telleen Ave. ; at% OF Viiii4F9,� P.O. Box 750 ;,---Cr ca(1 le 0 I, Erie, Colorado 80516 C/ SEAL Phone: (303) 665-3555 FAX: (303) 665-3557 II CotORP Page 12 of 12 Pages Hello