HomeMy WebLinkAbout20251655.tiffResolution
Approve Intergovernmental Agreement for Use of Weld County Oil and Gas Energy
Department Staff to Assist with 1041 Oil and Gas Location Assessment
Enforcement, and Authorize Chair to Sign — Town of Severance
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 the
Use of Weld County Department of Oil and Gas Energy Staff to Assist with 1041 Oil and
Gas Location Assessment Enforcement between the County of Weld, State of Colorado,
by and through the Board of County Commissioners of Weld County, on behalf of the
Department of Oil and Gas Energy, and the Town of Severance, commencing upon full
execution of signatures, with further terms and conditions being as stated in said
agreemerrt, 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 the Use of Weld County Department
of Oil and Gas Energy Staff to Assist with 1041 Oil and Gas Location Assessment
Enforcement between the County of Weld, State of Colorado, by and through the Board
of County Commissioners of Weld County, on behalf of the Department of Oil and Gas
Energy, and the Town of Severance, 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 Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 16th day of June, A.D., 2025:
Perry L. Buck, Chair: Aye
Soott K. James, Pro-Tem: Aye
Jason S. Maxey: Aye
Lynette Peppler: Aye
Kevin D. Ross: Aye
Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
cc: o6(11O, F=Ccr/so/Ka/ss), cA(st3/Krk)
o6/i9 /25
2025-1655
OG0002
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Weld County -Oil and Gas IGA Severance
DEPARTMENT: OGED DATE: 5-7-25
PERSON REQUESTING: Brett A. Cavanagh
Brief description of the problem/issue:
Weld County and Severance have agreed to execute an IGA for all future oil and gas development.
What options exist for the Board? Execute or not, see as a way to building stronger relationships and
transparency.
Consequences: none
Impacts: very minimal increase to workloads.
Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): no additional costs, all
captured in WOGLA application fees.
Recommendation: Please approve and sign
Support Recommendation Schedule
Place on BOCC Agenda Work Session Other/Comments:
Perry L. Buck
Scott K. James
Jason S. Maxey
Lynette Peppier
Kevin D. Ross
2025-1655
MU) 06,10002
INTERGOVERNMENTAL AGREEMENT FOR USE OF WELD COUNTY OIL AND GAS
ENERGY DEPARTMENT STAFF TO ASSIST WITH 1041 OIL AND GAS LOCATION
ASSESSMENT ENFORCEMENT FOR THE TOWN OF SEVERANCE
\ THIS AGREEMENT ("Agreement") is made and entered into this 1 0lday of
OkkhQ_, , 2025, by and between the TOWN OF SEVERANCE, COLORADO, a
Colorado home rule municipal corporation, by and through its Town Council with offices located
at 3 South Timber Ridge Parkway, PO Box 339, Severance, CO 80546 (hereinafter referred to as
"Town") and COUNTY OF WELD, COLORADO, a Colorado home rule county, by and through
the Board of County Commissioners for Weld County, with offices located at 1150 O Street,
Greeley, Colorado 80632 (hereafter referred to as "County"). The Town and County are also
referred to herein each as a "Party" and together as the "Parties."
WITNESSETH
WHEREAS, intergovernmental agreements to provide functions or services, including the
sharing of costs of such services or functions, by political subdivisions of the State of Colorado, are
specifically authorized by C.R.S. § 29-1-203, and other sections of the Colorado Revised Statutes;
and
WHEREAS, the Town of Severance is in need of assistance with 1041 Oil and Gas
Location Assessment regulations and hearings; and
WHEREAS, Weld County has an established Oil and Gas Energy Department (hereinafter
referred to as "OGED") that regularly enforces 1041 regulations and conducts 1041 hearings; and
WHEREAS, Weld County is willing and able to share the services of its Oil acrd Gas
Energy Department with the Town of Severance, pursuant to the terms of this Agreement, in order
to assist the Town of Severance with 1041 regulations and hearings.
NOW, THEREFORE, in consideration of the mutual promises and covenants expressed
herein, Weld County and the Town of Severance hereby agree as follows:
1. Sharing of County Oil and Gas Energy Department 1041 Services: The County agrees
to have its OGED staff spend a portion of their time, as needed, assisting the Town with
implementation of 1041 regulations including, but not limited to, processing 1041 Oil and
Gas Location Assessment Applications (each an "Application"), conducting 1041
hearings on behalf of and in coordination with the Town, re-evaluating an Application or
Final Order, re -hearing an Application in front of the OGED Hearing Officer, holding a
suspension or revocation hearing, conducting regular or continuing inspections, and other
enforcement activities. The County will review drainage reports submitted with well
applications, ensure compliance with floodplain regulations, issue grading permits for oil
and gas sites, and review for general land use conflicts.
2. Town's Development Review: The Town shall be responsible for ensuring all the Town's
resolutions, ordinances, codes, regulations, agreements, or other enactments of the Town are
adhered to by all parties who submit an Application to the County and the Town. In
Page 1 of 5
addition, the Town shall be responsible for making the final determination of whether to
approve, deny, or come to another decision for each Application submitted to the County
and Town. The Town will be responsible for access permits, road maintenance
agreements, right-of-way permits, transport permits, building permits, and review for
general land use conflicts.
3. Cost and Reimbursement:
a. Application Fees and Processing. The County's costs to provide OGED staff
time and services on each Application in accordance with this Agreement shall be
covered and defrayed by the applicant's payment of the County's 1041
application fee directly to the County, and the Town's costs for Application
review services and staff time shall be covered and defrayed by the applicant's
payment of the Town's application fee directly to the Town.
b. Enforcement and Other Services. County and Town will each bear their own
costs for enforcement activities, inspections, and other services related to
regulation of approved 1041 permits. County and Town agree to cooperate as
necessary to protect the health, safety, and welfare of the people in both Town and
County in regards to Oil and Gas activities.
4. Term: The Agreement becomes effective upon signature of the County and the Town.
The term of this Agreement shall be from the date of signature hereunder to and until
December 31, 2025, after which time this Agreement shall automatically renew from year
to year, unless terminated sooner pursuant to the terms and conditions set forth in this
Agreement.
5. Termination: This Agreement may be unilaterally terminated by any Party with or
without cause by providing ninety (90) days' written notice to the other Party.
6. Assignment: No Party may assign this Agreement without prior written consent from the
other Party.
7. Compliance with Laws: The County and the Town agree to comply with the applicable
provisions of all federal, state, or local laws or ordinances and all lawful orders, rules, and
regulations issued thereunder, and any provisions, representations or agreements, or
contractual clauses required thereby to be included or incorporated by reference or
operation of law in this Agreement.
8. Modification: This Agreement contains the entire Agreement and understanding
between the Parties and hereby 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 Parties. No breach of any
term, provision or clause of this Agreement shall be deemed waived or excused, unless
such waiver of consent shall be in writing and signed by the Party claimed to have so
waived or consented. Any consent by any Party to, or waiver of, a breach by the other,
Page 2 of 5
whether express or implied, shall not constitute a consent, waiver of, or excuse for any
other different or subsequent breach.
9. Governmental Immunity: No portion of this Agreement shall be deemed a waiver,
express or implied, of any immunities, rights, benefits, protections, or other provisions
which a Party, or its officers, employees, or agents, may possess pursuant to the Colorado
Governmental Immunity Act, C.R.S. §§ 24-10-101 et seq., as applicable now or hereafter
amended.
10. Severability: If any section, subsection, paragraph, sentence, clause, or phrase of this
Agreement is for any reason held or decided to be invalid or unconstitutional, such a
decision shall not affect the validity of the remaining portions. The parties hereto declare that
they would have entered into this Agreement and each and every section, subsection,
paragraph, sentence, clause, and phrase thereof, irrespective of the fact that any one or
more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to
be unconstitutional or invalid.
11. 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 nothing in
this Agreement shall give or allow any claim or right of action whatsoever by any other
party 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.
12. Parties' Relationship. The Parties to this Agreement intend that the relationship between
them contemplated by this Agreement is that of independent entitles working in mutual
cooperation. Employees, staff, and agents of any one Party hereto are not to be
considered employees, staff, or agents of any other Party hereto for any purposes and said
persons may not hold themselves out as employees or agents of any other Party hereto or
otherwise make any representation or commitment on behalf of any other Party hereto. No
Party shall be in any way required to provide any pecuniary benefits, salaries, wages, or
fringe benefits to employees, staff, or agents of the other Party.
13. No Guarantee by Weld County: The Town acknowledges that although the goal of
services to be performed by the OGED is to confirm compliance with all current 1041
regulations for all Applications, County makes no guarantee as to the effectiveness of such
services in achieving such goal.
14. Notice: Any notice to be given under this Agreement shall either be hand delivered, with
signed receipt, or mailed to the Party to be notified at the address set forth herein, with
signed receipt, or by facsimile with confirmation, until such time as written notice of
a change is received from the Party wishing to make a change of address. Any notice so
mailed and any notice served by personal delivery shall be deemed delivered and effective
upon receipt or upon attempted delivery. This method of notification shall be used in all
instances, except for emergency situations when immediate notification to the Parties is
required.
Page 3 of 5
Any demand or notice to either Party may be given to the other Party by addressing the
written notice to:
County:
Weld County
Attn: Director, Oil & Gas Energy Department
1402 N 17th Avenue
Greeley, CO 80631
Town: Town of Severance
Attn: Town Manager
3 South Timber Ridge Parkway
PO Box 339
Severance, CO 80546
15. Entire Agreement: This writing constitutes the entire Intergovernmental Agreement between the
Parties hereto with respect to the subject matter herein, and shall be binding upon said Parties, their
officers, employees, agents, and assigns and shall inure to the benefit of the respective survivors,
heirs, personal representatives, successors and assigns of said Parties.
Signature page following
Page 4 of 5
BOARD OF COUNTY COMMISSIONERS, WELD COUNTY, COLORADO
ATTEST:
JUN 1 6 2025
�i..sz7ianJ � Jdtuo'(ik
Weld County Clerk to the Board
BY:
Ap rove Formr :
01709fil
Weld County Attorney
TOWN OF SE C : , COLORADO
Matthew Fries. Mayor
01 Set,
W n 4'
ATTEST: �0� Sew 0.'
*ma. a. �
IncomoMed 1820
Sarah Jaco own Clerk
Page 5 of 5
zo-n-I (Ds
Houstan Aragon
From:
Sent:
To:
Cc:
Subject:
A bit of egg on my face because
the signature page to say "Weld
good.
Matt Conroy
Assistant Weld County Attorney
1150 O Street
P.O. Box 758
Greeley, CO 80632
(970) 400-4393
Matthew Conroy
Thursday, June 12, 2025 9:48 AM
Houstan Aragon; Adria Schiel; Bruce Barker; Byron Howell; Karin McDougal; Will Grumet;
Cheryl Pattelli; Rusty Williams; Brett Cavanagh
CTB; Chris D'Ovidio
RE: SIGNATURE REVIEW: IGA for Use of OGED Staff to Assist with 1041 WOGLA
Enforcement - Town of Severance
I looked at the draft before it went over to Severance, but is it too late to change
County Attorney" instead of "Weld County Assistant Attorney"? Otherwise it looks
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From: Houstan Aragon <haragon@weld.gov>
Sent: Thursday, June 12, 2025 9:38 AM
To: Adria Schiel <aschiel@weld.gov>; Bruce Barker <bbarker@weld.gov>; Byron Howell <bhowell@weld.gov>; Karin
McDougal <kmcdougal@weld.gov>; Matthew Conroy <mconroy@weld.gov>; Will Grumet <wgrumet@weld.gov>;
Cheryl Pattelli <cpattelli@weld.gov>; Rusty Williams <rwilliams@weld.gov>; Brett Cavanagh <bcavanagh@weld.gov>
Cc: CTB <CTB@co.weld.co.us>; Chris D'Ovidio <cdovidio@weld.gov>
Subject: SIGNATURE REVIEW: IGA for Use of OGED Staff to Assist with 1041 WOGLA Enforcement - Town of Severance
Good morning,
Please review and advise as to placement on the Monday, June 16, 2025, Agenda. Please also remember to
reply -all to this email.
Please note: The Town of Severance approved this agreement at their meeting on Tuesday, June 10, 2025.
Staff is coordinating with the Town Clerk to obtain the signed version of this agreement for the Chair to sign on
Monday.
Thank you,
Hello