HomeMy WebLinkAbout960562.tiff RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT WITH CITY OF EVANS,
COLORADO, FOR IMPROVEMENT OF 17TH AVENUE 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
Improvement of 17th Avenue between the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, and the City of Evans, 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 Intergovernmental Agreement for Improvement of 17th Avenue between
the County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, and the City of Evans, 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 1st day of April, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COL RADO
$ 0 � `
iriffle � � Mideet ���i; �, � _ 1rv� rim°. Barbara J. Kirkm er, Chaim
,'asl. c .(0/ - , r.l ty Clerk to the Board
® 417:1L-ey 7 V 12 1E
� ��� ., G. etBaxter, Pro TernLll_. P.,,- - Deputy Clerk. the Board 1 ak&►.e -//
Dale K. Hall
APP D AS TO FORM: (�,cT< ,.,-,L' �-'-..�v
� / Constance L. Harbert
unto ey ��/ P/�) 2 -�
W. H. Webster
960562
/9 e. /lo; Finns; o9 EG0035
INTERGOVERNMENTAL AGREEMENT WITH
THE CITY OF EVANS, COLORADO
FOR THE IMPROVEMENT OF 17TH AVENUE
THIS AGREEMENT made and entered into this l ST day of
19 9(p, by and between the City of Evans, Colorado, by and throug its City
Council, hereinafter referred to as "City" whose office is located at 3700
Golden Street, Evans, Colorado 80620, and the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County,
Colorado, hereinafter referred to as "County" whose office is located at 915
Tenth Street, Greeley, Colorado 80631.
WITNESSETH:
WHEREAS, 17th Avenue between 37th Street and 42nd Street is in need of
improvements, which include utility extensions, grading, drainage, and paving,
hereinafter collectively referred to as "Street Improvements, " and
WHEREAS, portions of 37th Street and 42nd Avenue lie within the
jurisdictions of both the "City" and the "County" , and
WHEREAS, the "City" and "County" now desire to enter into an agreement
whereby they share in the cost of making said Street Improvements.
NOW THEREFORE, in consideration of the mutual promises and covenants
contained herein, the parties hereto agree as follows:
1. TERM:
The term of this Agreement shall be from the date first written above
to and until the date of completion of said Street Improvements and
the date of completion of the "City's" annexation of said portions
of 17th Avenue which are currently within the jurisdiction of
"County. "
Page 1 of 3
360562
2. CITY AGREES:
a. To be responsible for all engineering and contract
administration for said Street Improvements, including
surveying, engineering design, construction inspection, and
materials testing.
b. To be responsible for all utility extensions, which include
sanitary sewers. storm sewers, and water main extension.
c. To be responsible for roadway construction, which shall include
but is not limited to, grading, base course, curb, and gutter.
d. To contract for the asphalt paving of said portions of 17th
Avenue by acquiring competitive bids for said work.
e. To annex those portions of 17th Avenue that are within the
jurisdiction of "County" and to become responsible for the
maintenance thereof after the date of such annexation. "City"
agrees to begin the annexation process on or before the time of
commencement of construction and to complete said annexation no
later than September 1, 1996.
f. "City" will, with the permission of "County, " act as the
"County's" agent in acquiring the necessary right-of-way for the
Street Improvements lying within the jurisdiction of "County"
which are to be ultimately annexed by "City" under this
Agreement.
3. COUNTY AGREES:
a. To pay the costs associated with Street Improvements as outlined
in Exhibit A to this Agreement including those portions of 17th
Avenue which are currently within the jurisdiction of "County. "
"County" shall pay no more than $35,968.30 for the 17th Avenue
paving. "County" shall pay this sum to "City" upon commencement
of construction of the Street Improvements.
b. To allow "City" to act as "County's" agent in negotiating and
acquiring additional right-of-way needed for Street Improvements
which lie totally within the jurisdiction of "County. "
4. SEVERABILITY:
If any term or condition of this Agreement shall be held to be
invalid, illegal, or unenforceable, this Agreement shall be
construed and enforced without such provision to the extent that
this Agreement is then capable of execution within the original
intent of the parties hereto.
5. NO THIRD PARTY BENEFICIARY ENFORCEMENT:
It is expressly understood and agreed that the enforcement of
the terms and conditions of this Agreement, and all rights of
Page 2 of 3
960562
action relating to such enforcement, shall be strictly reserved
to the undersigned parties and nothing contained in this
Agreement shall give or allow any claim or right of action
whatsoever by any other person not included in this Agreement.
It is the express intention of the undersigned parties that any entity other
than the undersigned parties receiving services or benefits under this
Agreement shall be an incidental beneficiary only.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement this Of
day of 131Lt_.Q , 1934.
ATTEST: CITY OF EVANS, COLORADO by and through
/ the City Council of Evans, Colorado
1 Lr `lam "� ATF By: i
Kim Betz, City Cl l
J
e 1 as rf. eenfie c ayor
�
APPROVED AS 0 0
�'7 APPROVED AS TO SUBSTANCE:
R'. Rus$l`1 Anson Mic a J. S 'th
401110Em%.s City ,ttorney Evans City anager
Elleat i , /
447
.1861 " 441/h, ' . BOARD OF COUNTY COMMISSIONERS
C * ty Clerk to the Board WELD COUNTY, COLORADO
c.J �i�O�►� _ n
®p Afink r ' / A k_r. I / By
Cam/ ��-/ puty Cl- i to the Board Barbara J. Kirkme r, Chai
(763 AS TO F
ce T. Bar e
Weld County At rney
:m\agreement\evens
Page 3 of 3 Pages
960562
EXHI[1tIT A
CITY OF EVANSIWELD COUNTY
17TH AVENUE PROJECT
(FROM 37TH STREET TO 42ND STREET)
COUNTY RESPONSIBILITY; WEST SIDE ONLY
STATIONS: 10 + 49.00 TO 22 + 49.00 = 1,200.00
33 + 25.00 TO 37 + 03.64 = 378.64
1,578.64
ASPHALT 2" X 12' 229 TON r $26.50 $6,068.50
ASPHALT 4" X 12' 458 TON $24.60 $11,266.80
TRAFFIC CONTROL I 17.6% L.S. L_ $12,000.00 $2,112.00
SHLDR. A.B.C. L 122 TON r $8.00 $976.00
UNCLASSIFIED EX. 1,134 C.Y. • $2.50 I- $2,835.00
EMBANKMENT 216 C.Y. $3.25 $702.00
SUBGRADE PREP 9472 S.Y. $1.00 $9,472.00
TREE REMOVAL 2 EA. $300.91li $600.00
CONSTRUCTION 17.6% L.S. L $11,000.00 n $1,936.00;
STAKING
i
TOTAL $35,968.30
M11-2-31EVANS
960562
CITY OF EVANS, COLORADO
ORDINANCE NO. 994-96
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT
WITH THE COUNTY OF WELD CONCERNING STREET IMPROVEMENTS ON
17TH AVENUE BETWEEN 37TH STREET AND 42ND STREET
WHEREAS, a portion of 17th Avenue which lies between 37th
Street and 42nd Street is in need of street improvements; and
WHEREAS, those portions of 17th Avenue lie within the
jurisdictions of both the City of Evans and the County of Weld; and
WHEREAS, a proposed contract has been submitted to the City of
Evans by the County of Weld whereunder both the City and the County
will share in the cost of making these street improvements; and
WHEREAS, C.R.S. 29-1-203 , enables local governments to enter
into intergovernmental agreements and under the Home Rule Charter
of the City of Evans, such intergovernmental agreements must be
approved by the City Council by Ordinance.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EVANS, COLORADO:
1. The recitals above set forth are incorporated herein by
reference for all purposes as though set forth in full.
2 . The Intergovernmental Agreement attached hereto, between
the County of Weld and the City of Evans, is approved and the Mayor
and City Clerk are authorized and directed to execute such
agreement.
PASSED AND APPROVED at a regular meeting of the City Council
of the City of Evans on this 5th day of March , 1996.
CITY OF EVANS, COLORADO
By
�
ATTEST:
/
City Clerk J
960562
PASSED, APPROVED AND ADOPTED ON SECOND READING this 19th day
of March , 1996 .
CITY OF EVANS, COLORAD
/ i
By
ATTEST: r \
City Clerk
2 994-96
960562
mEmoRAnDum
To Vickey Sprague, Commissioner's Office
March 26, 1996
COLORADO From Drew Scheltinga, County Engineer
Subject: Signature Request
Enclosed are two original sets of the Intergovernmental Agreement with the City of Evans,
Colorado, for the Improvement of 17th Avenue. Please submit both sets to Commissioner
Kirkmeyer, Chair, for her approval and signature.
cc: Evans file
engineerAsignature
960562
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