HomeMy WebLinkAbout960151.tiff RESOLUTION
RE: APPROVE AMENDMENT TO INTERGOVERNMENTAL AGREEMENT FOR POUDRE
RIVER TRAIL SYSTEMS WITH CITY OF GREELEY AND TOWN OF WINDSOR 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 Amendment to the Intergovernmental
Agreement for the Poudre River Trail Systems among the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County; the City of Greeley, Colorado; and the
Town of Windsor, Colorado, with terms and conditions being as stated:in said amendment, and
WHEREAS, after review, the Board deems it advisable to approve said amendment, 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 Amendment to the Intergovernmental Agreement for the Poudre River
Trail Systems among the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County; the City of Greeley, Colorado; and the Town of Windsor, Colorado,
be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said amendment.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 12th day of February, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
<' gam{ Ail/ i FXCI ISFf) nATF nF SIGNING (AYF)
;. ;)-.EST
t . Barbar J. Kirkmeyer, C air
11,0 uv Fi,8 u#1 Clerk to the Board A
/'
":\. f o G eBaxter, P•
• �" .- lerk to the Board J
- Dale K. Hall (��
A OV AS TO FO t/�. 1i14:/-� -e-ii4. /�'��-cZ- -r
Constance L. Harped
-,1
Co ty Attorney
W. . ebster
960151
de; CTree(ey; O,rtdscr BC0025
AMENDMENT TO INTERGOVERNMENTAL AGREEMENT
FOR POUDRE RIVER TRAIL SYSTEMS
This Amendment to Intergovernmental Agreement for Poudre River Trail Systems is by
and between the City of Greeley, Colorado, by and through the City Council, hereinafter referred
to as "City"; the Town of Windsor, Colorado, by and through its Town Council, hereinafter
referred to as "Town"; and the County of Weld, State of Colorado, by and though the Board of
County Commissioners the County of Weld, hereinafter referred to as "County."
WITNESSETH:
WHEREAS, on or about December 14, 1994, the parties hereto entered into an
Intergovernmental Agreement for Poudre River Trail Systems, wherein the parties agreed to
certain rights and responsibilities with respect to the establishment of the Poudre River Trail, and
WHEREAS,¶ 3 of said Intergovernmental Agreement defines the rights and
responsibilities regarding the trail route and corridor acquisition by the government entities,
including the role to be played by the Corridor Board, and
WHEREAS, the parties now desire to amend said¶3 of said Intergovernmental
Agreement to include authorization for the Corridor Board to have responsibility of controlling
the disbursement of monies in two funds established for the purpose of excepting donations of
monies for the Poudre River Trail.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree to amend the Intergovernmental Agreement for Poudre Trail
Systems entered into by the parties on or about December 14, 1994, by deleting¶3 thereof and
substituting the following¶3, entitled"TRAIL ROUTE AND CORRIDOR ACQUISITION":
"3. TRAIL ROUTE AND CORRIDOR ACQUISITION:
City, Town, and County agree that they shall acquire, individually and in cooperation with each
other, upon the advice of and with the assistance of Corridor Board,the appropriate fee interests,
rights-of-way, easements, accesses, or donations for the designated routes of Poudre River Trail
lying within their respective political boundaries, using only such funds or resources from the
parties to this Agreement or from donations or gifts as are made available and as are designated
for such purpose. Funds shall be set up through County and through the Community Foundation
Serving Northern Colorado specifically for the purpose of accepting donations, gifts, devises, or
other transfers of the funds to be used topay for the Poudre River Trail or any expenses
associated therewith (to be hereinafter known collectively as "Poudre River Trail Funds"). Each
party to this Agreement shall be responsible for any necessary legal expenses incurred in the
course of Poudre River Trail acquisition. No party hereto shall be required, by virtue of its
Page 1 of 3 Pages
960151
entering into this Agreement, to fund any portion of the Poudre River Trail from general fund
monies or from monies from any source other than the Poudre River Trail Funds mentioned
above. City, Town, and County hereby authorize and expressly delegate to Corridor Board the
responsibility of controlling the disbursement of all monies in the Poudre River Trail Funds,
which monies shall be disbursed only upon a majority vote of the Corridor Board (County held
Fund) or pursuant to the instruction of the Corridor Board (Community Foundation Serving
Northern Colorado Fund). County shall be responsible for all necessary administrative duties
associated with the Poudre River Trail Fund kept by the County. Notwithstanding any language
in this paragraph to the contrary, each party hereto shall have the option, under its sole discretion,
to spend monies upon the Poudre River Trail received by it from grants or from any other
source."
The parties hereto agree that this Amendment shall become effective upon the date of
signature set forth herein.
Dated this /2 ` day of ` jvujA , 1996.
ATTEST: CITY OF GREELEY, COLORADO
BY: BZ': "r OW
City Cler L'aVern C. Nelson, Mayor
APPROVED AS TO LEGAL FORM: APPROVED AS TO SUBSTANCE:
BY: B xF /6 hilt le
Richard P. Brady, City Att rney Paul Grattet, City Manager
AS TO AVAILABILITY OF FUNDS:
BY:
Director of Fin
Page 2 of 3 Pages
960151
ATTEST: TOWN OF WINDSOR, COLORADO
Je e Nazarenu2' ' -
Clerk Dr. Thomas Jones, Ma r
I
APP VED TO L GAL FORM: APPROVED AS TO SUBSTANCE:
y
BY: BY: C�>,
Frey, ity Atto ey Rod Wensing, Town Manage
AS TO AVAILABILITY OF FUNDS:
BY:
4 IS A T: 0, l / Pia?
COUNTY OF WELD, STATE OF COLORADO,
' BY AND THROUGH THE
g, `` � THE BOARD BOARD OF COUNTY COMMISSIONERS OF
IasiI �A � J THE COUNTY OF WELD
r •
7 /
n�1� \ BY 2LLtk k 1- f 4 ,;� /r%vt
'' Deputy Cler the Board
arbara J. Kirkmeyer, Chair 02/12/96
Page 3 of 3 Pages
960151
CITY OF GREELEY
RESOLUTION NO. 88
A RESOLUTION APPROVING AN AMENDMENT TO AN INTER-
GOVERNMENTAL AGREEMENT FOR THE POUDRE RIVER TRAIL SYSTEM
WHEREAS, the Greeley City Council, Windsor Town Council, and Weld
County Board of Commissioners approved an Intergovernmental Agreement for the
Poudre River Trail Systems as amended and adopted by resolution on January 30,
1995; and
WHEREAS, an amendment to said agreement has been proposed by the Poudre
River Trail Corridor Advisory Board which would provide for the efficient and timely
use of funds raised by the Board in the development of the approved Cache la Poudre
River Trail Master Plan; and
WHEREAS, after review the Greeley City Council finds 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 CITY COUNCIL that the
amendment to the Intergovernmental Agreement for the Poudre River Trail System by
and between the Greeley City Council, Windsor Town Council, and Weld County
Board of Commissioners be approved and that the mayor be authorized to sign said
agreement.
PASSED AND ADOPTED, SIGNED AND APPROVED, THIS 19thDAY
OF DECEMBER, 1995.
ATTEST: CITY OF GREELEY
City Cle?k / M yor
3 ,
960151
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