HomeMy WebLinkAbout951623.tiff RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR IMPROVEMENT,
ANNEXATION, AND MAINTENANCE OF CERTAIN STREETS AND AVENUES IN
AND/OR ADJACENT TO THE TOWN OF ERIE, COLORADO, AND AUTHORIZE
CHAIRMAN 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, Annexation, and Maintenance of Certain Streets and Avenues in and/or Adjacent
to the Town of Erie, Colorado, 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, commencing
August 7, 1995, 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 Improvement, Annexation, and
Maintenance of Certain Streets and Avenues in and/or Adjacent to the Town of Erie, Colorado,
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 Chairman 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 7th day of August, A.D., 1995.
BOARD OF COUNTY COMMISSIONERS
Ugh
�' `L COUNTY, C O O
1 s9 `` (``+ Dal K. Hall, Chairman
° 4 ,, V ?'o' • y Clerk to the Board / c '
(4, t.. ',K 'l,G 7LGG/ ii _
�. % Barbara J. Kirkmeyerr, Pro-Tenalf
Deputy Cle to the Board FXCI iSFr)
George E. Baxter
RO D AS TO FOR • tnceL. Hert
o my Attorn 1 ti 'p
W. H. e t r ip
Pi
C c : 'qv,. 6/95 Erie 951623
EG0034
INTERGOVERNMENTAL AGREEMENT FOR IMPROVEMENT, ANNEXATION,
AND MAINTENANCE OF CERTAIN STREETS AND AVENUES IN AND/OR
ADJACENT TO THE TOWN OF ERIE, COLORADO
THISy INTERGOVERNMENTAL AGREEMENT is made and entered into this 7714-
/
day of ( ,(,ty[,nl,/; {- , 1995 by and between the Town of Erie, Colorado, by and through
its City Council, hereinafter referred to as "Town", with offices located at Erie, Colorado
80516, 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", with offices
located at 915 Tenth Street, Greeley, Colorado 80631.
WITNESSETH:
WHEREAS, portions of WCR 8 between WCR 7 running west to Kattell Street within
the town limits lie within the jurisdictional boundaries of both Town and County and will best
be maintained in the future by being completely annexed into Town, and
WHEREAS, WCR 7 between WCR 6 and 8 is entirely located within Town and in
need of paving, and Weld County is planning a paving program on other portions of
WCR 8, and
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951623
WHEREAS, Town and County now desire to enter into an Agreement whereby the
improvements, maintenance, and annexation issues referred to above are addressed to
the satisfaction of both governments.
WHEREAS, such Agreements are authorized by C.R.S. § 29-1-203 and Colorado
Constitution Article XIV, § 18(2)(1).
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 30 days after said road paving is completed or WCR 8 between
Kattell Street and WCR 7 is completely annexed into the Town and the
annexation plat is recorded, whichever is later. Notwithstanding the
foregoing, the payment of costs under paragraph 2 herein in the event of
deannexation shall remain an obligation of Town for a period of 10 years
from the date of this Agreement.
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951623
2. IMPROVEMENTS TO WCR 7.
With respect to improvements for WCR 7:
County shall be responsible for all engineering and contract administration
for one-time road improvements, including engineering design, construction,
inspection, and materials testing. County may utilize its maintenance
personnel to apply hot laid asphaltic concrete for any necessary resurfacing
work or, in lieu thereof, County may contract for such work to be performed.
In the event Town fails to annex WCR 8 in accordance with paragraph 3
herein or deannexes any portion of WCR 8 between 1-25 and Kattell Street
within 10 years of the execution of this Agreement, and only in those events,
Town shall pay to County cash equal to 50 percent of the actual costs of
labor, equipment, and material for all improvement work completed by
County on WCR 7. The costs of any asphalt paving performed by County
maintenance personnel shall be limited to actual costs for labor, equipment,
and materials used to complete the work. The estimated total cost includes
$150,000 for planning purposes only and shall not constitute the final costs
for which County or Town are responsible.
Page 3 of 7
951623
3. ROADS OWNED BY COUNTY, THEN ANNEXED BY TOWN.
Portions of WCR 8 lying between WCR 7 and Kattell Street in the town are
to be annexed to their entire width so that the entire width of the right-of-way
is annexed into the town. Town shall pass a resolution of intent to annex
WCR 8 prior to County commencing paving under paragraph 2 herein. Town
shall complete the annexation within a reasonable period of time thereafter,
but no later than 90 days after completion of the improvements described in
paragraph 2.
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. N0 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 action relating to such
enforcement, shall be strictly reserved to the undersigned parties and
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951623
-nothing 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.
6. MODIFICATION AND BREACH.
This Agreement contains the entire agreement and understanding between
the parties to this Agreement and supersedes any other agreements
concerning the subject matter of this transaction, whether oral or written. No
modification, amendment, novation, renewal, or other alteration of or to this
Agreement shall be deemed valid or of any force or effect whatsoever,
unless mutually agreed upon in writing by the undersigned parties. No
breach of any term, provision, or clause of this Agreement shall be deemed
waived or excused, unless such waiver or consent shall be in writing and
signed by the party claimed to have waived or consented. Any consent by
any party hereto, or waiver of, a breach by any other party, whether express
or implied, shall not constitute a consent to, waiver of, or excuse for any
other different or subsequent breach.
Page 5 of 7
-951623
7. INDEMNIFICATION.
To the extent authorized by law, Town agrees to indemnify, save, defend,
and hold harmless County from any and all liability incurred as a result of
acts, omissions, or failures to act by County in its performance of the duties
set forth in this Agreement on those portions of the streets and roads located
within Town's jurisdictional boundaries. The term "liability" includes, but is
not limited to, any and all claims, damages, and court awards, including
costs, expenses, and attorneys' fees, incurred as a result of any act or
omission by County and its employees.
9. NO WARRANTY.
Neither County nor Town, by virtue of their entering into this Agreement and
upon their promises to perform the work described herein, make warranties,
either express or implied, that the improvement work and/or maintenance of
these roads meet standards other than thosegenerally required for counties
and cities of the size and type similar to County and Town.
IN WITNESS WHEREOF the parties hereto have signed this Agreement
this 7
� � day of abffiti At , 1995.
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951623
ATTEST: TOWN OF ERIE, COLORADO, by and
through the City Council of Greeley,
Colorado
—
C lerk By:
Mayor
4 gA' ' 46.4 • 4 COUNTY OF WELD, STATE OF
• MadAh COLORADO, by and through the Board
'yof County Commissioners of Weld County
540
L3 '^ .
•
���� ` < < �_. ,L_: *�: By:� ter/,,//
-rk to the :card • Dale K. Hall, Chairman _0S�C�,ms
M:\WPFILES\AGREE\ERIE.DB
Page 7 of 7
951623
44t to TOWN OF ERIE
•
* fia ° 645 HOLBROOK P.O.BOX 100
tERIE, COLORADO 80516
NA7://*
LOCAL(303)828-3843
METRO(303)665-3555
U74
-August 1, 1995
Mr . Lee Morrison
Assistant County Attorney
-P . O. Box 1948
Greeley, CO 80632
Dear Lee :
Please find enclosed executed copies of the Intergovernmental
Agreement as relates to annexation and maintenance of certain
streets and avenues in and/or adjacent to the Town of Erie,
Colorado . Please send us an original . Appreciate very much your
cooperation in this matter .
Sinc/�e//rely,
r 1f .I i/
Leon A. Wurl
Erie Town Administrator
LAW: js
11
t illy
AUG 0 3 1995
1
WELD COUNTY
ATTORNEY'S C'r' '•EE
e • N—p—k\1 5 9 5\i a t t a r a N t ad m i n N i me r r i
POLICE DEPT. P.O. BOX 510 METRO(303)449,156 LOCAL(303)828-3200 LONGMONT FIRE PROTECTION DISTRICT (303)666-4404
951 O23
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