HomeMy WebLinkAbout950084.tiff RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF WELD
AND TOWN OF WINDSOR CONCERNING WAIVER OF BUILDING PERMITS AND FEES
FOR WASTEWATER TREATMENT FACILITY 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
concerning waiver of building permits and fees for a wastewater treatment facility between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, and the Town of Windsor, 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 concerning waiver of building permits and
fees for a wastewater treatment facility between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, and the Town of Windsor 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 18th day of January, A.D., 1995.
BOARD OF COUNTY COMMISSIONERS
Watt D COUNTY, C LO DO
ATTEST: ���
Dale,X. Hall, Chairman
Weld County Clerk to the Board
h ' L
BY: YY /Barbar J. Kirkmeyer o Tem//
Deputy Clerk tooth e�Boar� /1/ —� `
George E{axer
AP AS TO ORM: ( 1:�ia e , Ala/Aril e
Constance L. Harbert
ty Attornec I J 1Y/,Z t,m ,",(
W. H. Webster
950084
CL' ; , FIL) f Y PL0073
INTERGOVERNMENTAL AGREEMENT
This Intergovernmental Agreement is made and entered into by and between the TOWN
OF WINDSOR, COLORADO, a Colorado municipal corporation, hereinafter referred to as "the
Town", and the COUNTY OF WELD, COLORADO hereinafter referred to as "the County";
WITNESSETH:
WHEREAS, the Town recently approved and will soon commence the expansion of its
wastewater treatment facility; and
WHEREAS, the existing wastewater treatment facility and the plant expansion are located
in an unincorporated portion of the County; and
WHEREAS, the Town is capable of performing all the necessary building and construction
inspections for the planned expansion and is willing to accept responsibility therefor; and
WHEREAS, in the spirit of intergovernmental cooperation and pursuant to § 29-20-105
and 29-1-203, C.R.S., the County desires to allow the Town to perform the aforesaid inspections
and in conjunction therewith the County agrees to waive its requirement with regard to building
permits and accompanying fees;
NOW, THEREFORE, the parties stipulate and agree as follows:
1. Preamble
The parties acknowledge that the recitals of facts set forth above are true and
correct and those recitals are hereby incorporated into the body of this Agreement.
2. Expansion of the Town's Wastewater Treatment Facility
The County acknowledges that the Town will soon commence the expansion of its
wastewater treatment facility including the construction of a building for laboratory, office and
equipment purposes, and the construction of treatment ponds, clarifiers, pump station
improvements and a sewer interceptor. Total cost of the proposed expansion is approximately 3.4
Million Dollars. All of the scheduled expansion will occur at or near the Town's existing
wastewater treatment facility in unincorporated Weld County.
3. Waiver of Building Permits and Fees
In order to expedite the construction process as aforesaid and to reduce the cost of
construction the County does hereby waive any building permits or building permit fees required
by applicable ordinances, rules or regulations which are now or may be in effect in Weld County.
4. Building Inspection
The Town shall assume and be responsible for the issuance of all permits and the
management of all building inspections in connection with wastewater treatment facility expansion.
All inspections will be conducted by the duly authorized building inspectors under contract with
SSCC€4
the Town, and all inspections shall be conducted in accordance with the Weld County Building
Code.
By the terms hereof, the Town warrants that it has the expertise and manpower to
conduct all the required building inspections and to ensure compliance with all applicable building
and construction codes, specifically including but not limited to, the Weld County Building Code.
5. Hold Harmless
To the extent allowed by law, the Town hereby indemnifies and holds the County
harmless from and against any and all claims, damages, actions, suits, losses, or causes of action
of whatever kind and nature which may arise from the obligations undertaken by the Town
pursuant to this Agreement.
6. Binding Effect
This Agreement shall inure to the benefit of, and be binding upon, the parties, their
respective legal representatives, successors, heirs, and assigns.
7. Governing Law. This Intergovernmental Agreement shall be interpreted in
accordance with Colorado law.
DATED: 01/i8/95 TOWN OF WINDSOR, COLORADO
By / ^ �„�
Mayor
ATTEST:ST
�`-f'/aapw.t
Town tlerk
BOARD OF COUNTY COMMISSIONERS,
COUNTY OF WELD, COLORADO
By G` , ts.•ru of wun 0/A4/93
ATTEST: .
ATTEST: 4
\VELD COUNTY CLERK TO THE BOARD
DEPUTY C RK TO THE BOARD
2
Frey, Korb, Haggerty Michaels, P.C.
Attorneys at Law
John P. Frey
318 Canyon Avenue, Suite 200
P.O. Box 2283
Fort Collins,Colorado 80522-2283
Telephone(303)493-8622
Fax(303) 493-1218
January 13, 1995
JAM 1 6 1995
Lee D. Morrison, Esq. r i
Assistant County Attorney FLU COUNTY
Weld County Attorney's Office L Al i ORNEY's 0 CE
P. O. Box 1948 T�
Greeley, CO 80632
Dear Lee:
Re: Wastewater Treatment Facility - Town of Windsor
Pursuant to our telephone conference of January 10, 1995, enclosed is the original
Intergovernmental Agreement approved by the Town on January 9, 1995.
We understand you will present this Agreement to the Weld County Board of Commissioners
and, after it has been approved by them, return a fully executed copy to us.
Thank you for your continuing courtesy and cooperation.
'Very th ly yours
ohn P. rey
Town Attorn
Town of Windsor, Colorado
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enclosure
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