HomeMy WebLinkAbout960595.tiff RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR AIR QUALITY SERVICES WITH
CITY OF GREELEY, 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 Air
Quality Services between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, on behalf of the Weld County Health Department, and the
City of Greeley, Colorado, commencing April 8, 1996, and ending October 8, 1996, 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 for Air Quality Services between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, on behalf of the Weld County Health Department, and the City of Greeley, 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 8th day of April, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
COUNTY, COLORADO
. 4.4/Piaain
?, '' . Barb ra J. Kirkmeye Chair
`iser d(�(CO o ty Clerk to the Boar „4.
"� .Baxter, Pr -T
ti
OOH .
� "Deputy Clerk b" the Board
DaleC. Hall
A VE S TO FO �1�i���n _�����
Constance L. Harbert
un y Attorne — % .i 1 !' /I 1 V G 7
W. H. Webster
960595
HL0022
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INTERGOVERNMENTAL AGREEMENT FOR
AIR QUALITY SERVICES
THIS AGREEMENT is made this day of n . , 1996 by and
between the CITY OF GREELEY, COLORADO ("City"), and th COUNTY OF WELD,
COLORADO ("County"), for coordination of personnel and equipment for air quality services.
WHEREAS, the City adopted comprehensive air quality standards in 1995 (Ordinances
55, 1995) to better respond to citizen complaints concerning offensive odors; and
WHEREAS, the City and County have found that it is in the best interest of the health,
safety, and welfare of their citizens and the general public to coordinate services relative to
investigative actions related to the evaluation of air quality conditions in and around the Greeley
corporate limits; and
WHEREAS, the coordination of these services through a single point provides citizens
with a more efficient and effective way of reporting air quality concerns; and
WHEREAS, the City and County will jointly be better able to assess citizen concerns
and appropriate jurisdictional response by using a common system of reporting air quality
complaints from the public, and
WHEREAS, the City and County are authorized to enter into this agreement by virtue
of § 29-1-203 C.R.S., Article II, Section 2-3 of the Weld County Home Rule Charter, and the
City of Greeley Charter Section 3-7.
NOW, THEREFORE, in consideration of the mutual covenants and terms contained
herein, the parties agree as follows:
1. Telephone Line. The County will designate a phone line and phone number for
the purpose of receiving citizen complaints about air quality and, specifically, odor.
2. Investigation Responsibilities. The City and the County shall receive, log and
investigate citizen complaints as follows:
A. When receiving calls, the County will determine if the caller is from a
location within the City of Greeley, and if so verified, will route the complaint
to the City Code Enforcement Officer for investigation, if the call is received
Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m.
B. If the caller is located within the City and the call is received before or
after the designated hours contained in Paragraph A of this section, the County
shall investigate the complaint and complete the appropriate paperwork describing
the outcome of the site review. The County shall forward its investigative
findings to the City the next available work day.
960595 (\OAS 11 1
3. Prosecution of Violations. The City shall be responsible for decisions to prosecute
and the prosecution of any civil or criminal violations of air quality requirements. The County
shall neither be responsible for any decision to prosecute nor be responsible for the prosecution
of any civil or criminal violations based upon the investigations conducted by the County, except
to provide evidence and witness testimony regarding receipt of complaints and County's
investigation of the same.
4. Compensation to the County. As compensation to the County for the services
provided by the County to the City pursuant to the terms of this agreement, the City agrees to
pay the County the following amounts:
A. Maintenance Fee $50.00/month.This fee covers on-going
administrative expenses to maintain scheduling, records, and receive phone calls.
This amount also includes relaying complaints to the City Code Enforcement
Officer during weekday hours.
B. Investigation and witness fees $30.00/hour. The hourly fee will be
billed whenever County Health Department personnel are required to respond to
complaints pursuant to the City ordinance.
C. Invoice and payment. The County shall invoice the City periodically, but
not more often than once each month, for the services it has extended for
complaint dispatch, investigation and witness services. The City shall pay the
County approved invoices within thirty days of receipt of said invoice.
5. Term. This agreement shall be effective upon the signing of this agreement by
the City and the County and continue for a period of six months from said date.
6. Termination. This agreement may be terminated by either party upon thirty (30)
days written notice to the other party. Any said notice shall be mailed either to the Clerk of the
County Board or City Clerk.
7. Severability. Should any one or more sections or paragraphs of the 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.
8. 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 damage arising from an alleged breach hereof against the other.
9. Parties and Governmental Immunity. This agreement is between the City and the
County only, and no third party is entitled to any right or benefit in this agreement. No third
party rights or benefits are created hereby. Neither this agreement nor any portion thereof, shall
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be deemed to waive any immunities the City, the County, its officers, employees, agents and
assigns may possess pursuant to the Colorado Governmental Immunity Act, C.R.S. § 24-10-101,
et .
IN WITNESS WHEREOF, the parties have set their hands the day and month first above
written.
CITY OF GREELEY, COLORADO COUNTY OF WELD, COLORADO,
a Colorado municipality a body corporate and politic, by and
through the Board of County Commissioners
` //y , �DO�QLt� I Imo.,
La ern Nelson, Mayor .��� a J. Kirkmeye , Chair 008/9‘„
City of Greeley '$ �'° � Weld County Commissioners
'1861
ATTEST:Naz
Betsy Heldef, ' Jerk to the B d of
Greeley City Clerk Weld County ommissioners
APPROVED AS T LE L FORM: APPROVED AS TO LEGAL FORM:
a --- By:
City At (,) Wel unty A orne
City o Greeley
APPROVED AS TO AVAILABILITY APPROVED AS TO SUBSTANCE:
OF FUNDS:
/ , j r
r=h ..� I`/1A � �.
Director of Finance, � C my Finance Director
City of Greeley, Colorado
3
960595
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