HomeMy WebLinkAbout20232124.tiffRESOLUTION
RE: 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 KEENESBURG
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 Oil and Gas Energy Department 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 Keenesburg, commencing upon full execution of signatures,
and ending December 31, 2023, 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 Oil
and Gas Energy Department 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 Keenesburg, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
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2023-2124
OG0002
INTERGOVERNMENTAL AGREEMENT FOR USE OF WELD COUNTY OIL AND GAS
ENERGY DEPARTMENT STAFF TO ASSIST WITH 1041 OIL AND GAS LOCATION
ASSESSMENT ENFORCEMENT- TOWN OF KEENESBURG
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 26th day of July, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: d,46/...A)
C,1 `, ,�,/ L
Weld County Clerk to the Board
BY: C rn • 10CtA TC--
Deputy Clerk to the Board
APP o ' ED ORM:
County Attorney
Date of signature: r1l 31 (20
Mian, Chair
Perry L, Bu �� Pro-Tem
Scott K. Jamesc---
c
n D. Ross
2023-2124
OG0002
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 TOWNKEENESBURG
THIS AGREEMENT is made and entered into this 26. day of July, 2023, by and
between the TOWN OF KEENESBURG, COLORADO, a Colorado municipal
corporation, by and through its Town Board of Trustees with offices located at 91 West
Broadway, Keenesburg, Colorado 80620 (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")
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 CRS § 29-1-203, and other sections of
the Colorado Revised Statutes, and
WHEREAS, the Town of Keenesburg 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 Town of Keenesburg, pursuant to the terms of this
Agreement, in order to assist the Town of Keenesburg with 1041 regulations and
hearings.
NOW, THEREFORE, in consideration of the mutual promises and covenants
expressed herein, Weld County and the Town of Keenesburg hereby agree as follows:
1. Sharina of County Oil and Gas Enerav Deoartment 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 applications, 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. Weld
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.
The County shall track all OGED staff time spent on each 1041 Oil and Gas
Location Assessment Application ("Application "). The County shall bill the Town for
all actual costs incurred by the County for providing services to the Town including
staff time.
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 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 Processing. The County shall provide a final invoice to the
Town with the total price for all services and costs within thirty (30) days of the
Town notifying the County that the OGED Hearing Officer's Final Order was
ratified by the Town. The final invoice will reflect the actual County staff time
and costs spent on the matter. The Town shall have thirty (30) days from the
date of the final invoice to remit payment to the County for any amount due
and owing on the final invoice.
b. Enforcement and Other Services. All associated County staff time and
costs will be invoiced to the Town within thirty (30) days of the conclusion of
the services provided. The Town shall pay any invoice from the County within
thirty (30) days of the invoice date.
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, 2023, 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, 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 § 24-10-101, et seq , CRS, 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.
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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.
Any demand or notice to either party may be given to the other party by addressing the
written notice to
Weld County Jason Maxey
Director, Oil & Gas Energy Department
1402 N 17th Avenue
Greeley, CO 80631
Town of Keenesburg Town Manager
91 West Broadway
Keenesburg, CO 80643-0312
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.
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Signature page following
ATTEST: did:de%) .44•4.
Weld County Clerk to the Board
BYGy1 ►` . (Jailor -
Deputy Clerk to the. Board
APPROVED AS TO FUNDI
Controller or ief Financial
APPROVED AS TO FORM:
County Attorney
TOWN OF KEENESBURG, COLORADO
Aron Lam, Mayor
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BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Freeman, Chair JUL 2 6 2023
VED AS TO SUBSTANCE:
G—�
Official or Departme
020,1,5 -02a�
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