HomeMy WebLinkAbout20252062.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 — City of Evans
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 City of Evans, commencing upon full
execution of signatures, 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 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 City of Evans, 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 21st day of July, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Aye
Jason S. Maxey: Aye
Lynette Peppier: Aye
Kevin D. Ross: Aye
Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
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2025-2062
OG0002
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Weld County -Oil and Gas IGA Evans
DEPARTMENT: OGED DATE: 7-16-25
PERSON REQUESTING: Brett A. Cavanagh
Brief description of the problem/issue:
Weld County and Evans have agreed to execute an IGA for all future oil and gas development, this one will
replace the existing one.
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 Mends Work Session Other/Comments:
Perry L. Buck
Scott K. James
Jason S. Maxey
Lynette Peppier
Kevin D. Ross
2025-2062
-?/2l OC O0pZ
Docusign Envelope ID: 96261D1E-E348-4D83-BD99-7C85936FEB23
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 CITY OF EVANS. COLORADO
THIS AGREEMENT ("Agreement") is made and entered into this ZIsk-day of
, 2025, by and between the CITY OF EVANS, COLORADO, a Colorado home
rule muni ipal corporation, by and through its City Council with offices located at 1100 37th Stet,
Evans, Colorado (hereinafter referred to as "City") 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 City of Evans 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 and Gas
Energy Department with the City of Evans, pursuant to the terms of this Agreement, in order to
assist the City of Evans with 1041 regulations and hearings.
NOW, THEREFORE, in consideration of the mutual promises and covenants expressed
herein, Weld County and the City of Evans hereby agree as follows:
1. Sharinu of County Oil and Gas Enemy Department 1041 Services: The County agrees
to have its OGED staff spend a portion of their time, as needed, assisting the City 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 City, 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. City's Development Review: The Town shall be responsible for ensuring all the City's
resolutions, ordinances, codes, regulations, agreements, or other enactments of the City are
adhered to by all parties who submit an Application to the County and the City. In
addition, the City 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
Page 1 of 5
Docusign Envelope ID: 96261D1E-E348-4D83-BD99-7C85936FEB23
and City. The City 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 City's costs for Application review
services and staff time shall be covered and defrayed by the applicant's payment
of the City's application fee directly to the City.
b. Enforcement and Other Services. County and City will each bear their own
costs for enforcement activities, inspections, and other services related to
regulation of approved 1041 permits. County and City agree to cooperate as
necessary to protect the health, safety, and welfare of the people in both City and
County in regards to Oil and Gas activities.
4. Term: The Agreement becomes effective upon signature of the County and the City. 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 City 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,
whether express or implied, shall not constitute a consent, waiver of, or excuse for any
other different or subsequent breach.
Page 2 of 5
Docusign Envelope lD: 96261D1E-E348-4D83-BD99-7C85936FEB23
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 ofthis
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 ofthis 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 City 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
Docusign Envelope ID: 96261D1E-E348-4D83-BD99-7C85936FEB23
Any demand or notice to either Party may be given to the other Party by addressing the
written notice to:
County:
City:
Weld County
Attn: Director, Oil & Gas Energy Department
1402 N 17th Avenue
Greeley, CO 80631
City of Evans
Attn: City Manager
1100 371 Street
Evans, Colorado 80620
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
Docusign Envelope ID: 96261 D1 E-E348-4083-BD99-7C85936FEB23
BOARD OF COUNTY COMMISSIONERS, WELD COUNTY, COLORADO
Perry L.
ck, Chair JUL 2 1 2025
Attest: �'• ���
Clerk to the Board
By: golAktaP (Li",Deputy Clerk to the
Approved as to Form:
iN0140-#
Weld County Attorney
CITY OF EVANS, COLORADO Approved as to Substance:
Sign. by:
C.li
Mark ar , Mayor
ATTEST:
�81pn.d by:
Jib -
'rite : arrie
tiffy itigii'm's, City Manager
Approved as to Form:
DS
ph..
Sipncd by:
ity Clerk ,,, "OF'e,,, ,, Drew Lyman, City Attorney
' SEAL :_
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Page 5 of 5
Zo2S-2OloZ
CITY OF EVANS, COLORADO
RESOLUTION NO. 08-2025
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN
INTERGOVERNMENTAL AGREEMENT WITH WELD COUNTY FOR THE USE OF
WELD COUNTY OIL AND GAS ENERGY DEPARTMENT STAFF TO ASSIST WITH
1041 OIL AND GAS LOCATION ASSESSMENT PERMITTING AND ENFORCEMENT
IN THE CITY OF EVANS
WHEREAS, the City Council of the City of Evans, Colorado, pursuant to Colorado statute
and the Evans City Charter, is vested with the authority of administering the affairs of the City of
Evans, Colorado; and
WHEREAS, City Council has designated Areas and Activities of State Interest in the City
of Evans; and
WHEREAS, City Council has adopted 1041 regulations for Areas and Activities of State
Interest in the City of Evans; and
WHEREAS, the City of Evans is in need of assistance with 1041 Oil and Gas Location
Assessment regulations and hearings, and
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, 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 and Gas
Energy Department with the City of Evans, pursuant to the terms of this Agreement, in order to
assist the City of Evans with 1041 regulations and hearings.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EVANS, COLORADO AS FOLLOWS:
1. The City Council authorizes the Mayor to execute the Intergovernmental Agreement
with Weld County for use of the Weld County Oil and Gas Energy Department staff
to assist with 1041 Oil and Gas Location Assessment permit review, processing and
enforcement for the City of Evans.
INTRODUCED AND PASSED AT A REGULAR MEETING O THE CITY COUNCIL
OF THE CITY OF EVANS ON THIS 15th DAY OF JULY, 202,:.
ATTEST:
Ju ie arnett, City Clerk
2
CITY OF E NS, COLORADO
/'
Mark Clark, Mayor
Attachment A: Intergovernmental Agreement with Weld County
Houstan Aragon
From:
Sent:
To:
Cc:
Subject:
Looks good to me.
Get Outloo<for Android
Cheryl Pattelli
Thursday, July 17, 2025 9:25 AM
Houstan Aragon; Bruce Barker; Karin McDougal; Matthew Conroy; Byron Howell; Adria
Schiel; Will Grumet; Rusty Williams; Brett Cavanagh
CTB
Re: SIGNATURE REVIEW: Two (2) IGA's for 1401 WOGLA Gas Location and Assessment
Enforcement with Town of Ault, and City of Evans
From: Houstan Aragon <haragon@weld.gov>
Sent: Thursday, July 17, 2025 9:14:49 AM
To: Bruce Barker <bbarker@weld.gov>; Karin McDougal <kmcdougal@weld.gov>; Matthew Conroy
<mconroy@weld.gov>; Byron Howell <bhowell@weld.gov>; Adria Schiel <aschiel@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>
Subject: SIGNATURE REVIEW: Two (2) IGA's for 1401 WOGLA Gas Location and Assessment Enforcement with Town of
Ault, and City of Evans
Good morning,
Please review and advise as to placement on the Monday, July 21, 2023, Agenda. Please also remember to
reply -all to this email.
Please Note:
Brett: Please respond as to Accuracy of Substance
Cheryl/ Rusty: Please respond as to Funding
Legal: Please response as to Form and authorize CTB to stamp your name on the agreements.
Thank you,
COUNTY, CO
Houstan Aragon
Deputy Clerk to the Board
Desk: 970-400-4224
P.O. Box 758, 1150 O St., Greeley, CO 80632
00000
Join Our Team
IMPORTANT: This electronic transmission and any attached documents or other writings are intended
only for the person or entity to which it is addressed and may contain information that is privileged,
Houstan Aragon
From:
Sent:
To:
Cc:
Subject:
Brett Cavanagh
Thursday, July 17, 2025 12:32 PM
Houstan Aragon; Bruce Barker; Karin McDougal; Matthew Conroy; Byron Howell; Adria
Schiel; Will Grumet; Cheryl Pattelli; Rusty Williams
CTB
RE: SIGNATURE REVIEW: Two (2) IGA's for 1401 WOGLA Gas Location and Assessment
Enforcement with Town of Ault, and City of Evans
Yes this is correct and looks good. Thanks
COUNTY, CO
Brett A. Cavanagh, MBA
Director
Oil and Gas Energy Department
Desk: 970-400-3579
1402 N 17th Ave, Greeley, CO 80631
0 MO O 0
Join Our Team
IMPORTANT: This electronic transmission and any attached documents or other writings are intended only for the
person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
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contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Houstan Aragon <haragon@weld.gov>
Sent: Thursday, July 17, 2025 9:15 AM
To: Bruce Barker <bbarker@weld.gov>; Karin McDougal <kmcdougal@weld.gov>; Matthew Conroy
<mconroy@weld.gov>; Byron Howell <bhowell@weld.gov>; Adria Schiel <aschiel@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>
Subject: SIGNATURE REVIEW: Two (2) IGA's for 1401 WOGLA Gas Location and Assessment Enforcement with Town of
Ault, and City of Evans
Importance: High
Good morning,
Please review and advise as to placement on the Monday, July 21, 2023, Agenda. Please also remember to
reply -all to this email.
Please Note:
Brett: Please respond as to Accuracy of Substance
Cheryl/ Rusty: Please respond as to Funding
Legal: Please response as to Form and authorize CTB to stamp your name on the agreements.
Hello