HomeMy WebLinkAbout20220248.tiffRESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR PAYMENT OF FEDERAL
MINERAL LEASE FUNDS FOR WATER TESTING PROGRAM FUNDING AND
AUTHORIZE CHAIR TO SIGN - FEDERAL MINERAL LEASE ACT DISTRICT
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
Payment of Federal Mineral Lease Funds for Water Testing Program Funding 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 Public Health and Environment, and the Federal
Mineral Lease Act District, 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 Payment of Federal Mineral
Lease Funds for Water Testing Program Funding 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 Public Health and Environment, and the Federal Mineral Lease Act District, 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 above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 17th day of January, A.D., 2022.
ATTEST: d-d*� W. .dp:A
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
BOARD OF COUNTY COMMISSIONERS
WELD LINTY COLORADO
Sg tt . James, Chair
reerrlan, Pro -T
rry L. B
AYED R XCUSEb
1861 teve Moreno
County Attorney
Lori
Date of signature: of [a5 X22
cc . CT&EG , FL(v�/So), Bocc(KF) 2022-0248
/2-72 SD0136
EG0080
INTERGOVERNMENTAL AGREEMENT FOR THE
PAYMENT OF FEDERAL MINERAL LEASE FUNDS
THIS INTERGOVERNMENTAL AGREEMENT for the Payment of Federal Mineral
Lease Funds (the "IGA"), dated as of January 10, 2022, is between the Weld County Federal
Mineral Lease Act District (the "District"), acting by and through its board of directors (the
"District Board"), and the County of Weld, State of Colorado (the "County"), acting by and
through its Board of County Commissioners (the "BOCC").
WITNESSETH:
WHEREAS, the District was formed through Resolution Number 2011-2263 on August
17, 2011, nunc-pro-tunc, June 29, 2011, and
WHEREAS, the District Board approved a Service Plan for the District, which the BOCC
has approved on October 25, 2011 (the "Service Plan"), which allows the District to "distribute,
on an annual basis, all of the funding that the District receives from DOLA, except such funds as
expended or reserved for administrative expenses, as permitted by C.R.S. § 30-20-1307 (1)(b), to
areas within the unincorporated areas of Weld County that are socially or economically impacted
by the development, processing, or energy conversion of fuels and minerals leased under the
Federal "Mineral Lands Leasing Act" of February 25, 1920, as amended," and
WHEREAS, District has received from the Weld County Department of Public Health and
Environment a proposal for funding of the continuation of the water testing program started in
2011 for individuals with water wells in areas of energy development.
WHEREAS, the District and the County intend this IGA to set forth the terms and
conditions under which the District shall pay to County funding the District receives from DOLA,
as allowed by the District Service Plan, to pay for the continuation of the water testing program.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. District agrees to pay to County the sum of $52,950 in 2022 for the continuation of the
water testing program started in 2011.
2. Any notice to be delivered pursuant to this IGA may be personally delivered or mailed in
the United States mails, first class postage prepaid to the party to be served at the following
addresses:
District: Weld County Federal Mineral Lease Act District
% Mike Freeman, Chair
P.O. Box 758
1150 O Street
Greeley, Colorado 80632
2022-0248(1)
County: Board of Commissioners of the County of Weld
P.O. Box 758
1150 O Street
Greeley, Colorado 80632
Notices personally served shall be deemed served on the date of delivery. Notices mailed
shall be deemed served the next business day following the date of mailing if mailed in the
State of Colorado otherwise on the date which is two business days following the date of
mailing.
3. This IGA constitutes the entire agreement between the parties concerning the provision of
administrative services by County for District and may not be amended except by a written
document executed by both parties hereto.
4. This IGA may be executed in any number of counterparts, each of which shall be deemed
an original, and which together shall constitute a single instrument.
5. This IGA shall be governed by and construed in accordance with the internal laws of the
State of Colorado without reference to choice of laws rules. The parties agree that venue
in any action to enforce or interpret this IGA shall be in the District Court in the Nineteenth
Judicial District for the State of Colorado.
WELD COUNTY FEDERAL MINERAL LEASE
ACT DISTRICT
.n
By:
Mike Freeman, Chairman, Weld County
Federal Mineral Lease Act District Board of
Directors
Deputy Clgfk to t11e BoA 1661
APPROVED AS TO FUNDINOZ ,
CDCJ
Controller
APPROVED AS TO FORM:
--r -
County Attorney
BOARD OF COUNTY COMMISSIONERS
WEI j COU)I'Y, COLORADO
K. James, Chair JAN 1 7 2022
AP OVED TO UBSTANCE:
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Elected Official or Department Head
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