HomeMy WebLinkAbout20190428.tiffRESOLUTION
RE: APPROVE FIRST AMENDMENT TO LOCAL GOVERNMENT WAIVER AGREEMENT
FOR MAJOR FACILITY OF A PUBLIC UTILITY 1041 PERMIT APPLICATION AND
AUTHORIZE CHAIR TO SIGN - PUBLIC SERVICE COMPANY OF COLORADO
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 First Amendment to Local Government
Waiver Agreement for Major Facility of a Public Utility 1041 Permit Application 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 Planning Services, and Public Service Company of
Colorado, 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 amendment, 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 First Amendment to Local Government Waiver Agreement for Major
Facility of a Public Utility 1041 Permit Application 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 Planning Services, and Public Service Company of Colorado be and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said amendment.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 28th day of January, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: datifLet) W ;oi
Weld County Clerk to the Board
County A orney
Date of signature: OffOlf (cl
arbara Kirkmeyer, C air
Mike Freeman, Pro -Tern
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PL CCP IGC,�
21201 VA
2019-0428
PL2623
FIRST AMENDMENT TO THE LOCAL GOVERNMENT APPLICATION APPROVAL
WAIVER AGREEMENT BETWEEN THE COUNTY OF WELD, COLORADO AND
PUBLIC SERVICE COMPANY OF COLORADO
DATED NOVEMBER 5, 2018
THIS FIRST AMENDMENT ("First Amendment") TO THE LOCAL GOVERNMENT
APPLICATION APPROVAL WAIVER AGREEMENT BETWEEN THE COUNTY OF WELD,
COLORADO AND PUBLIC SERVICE COMPANY OF COLORADO dated November 5, 2018
("Agreement") is entered by and between the County of Weld, Colorado, a Colorado home rule
county, located at 1150 O Street, Greeley, Colorado 80631 ("County") and Public Service Company
of Colorado, located at 1800 Larimer Street, Suite 400, Denver, Colorado 80202 ("PSCo") (County
and PSCo collectively the "Parties").
RECITALS
WHEREAS, the County and PSCo entered into that certain Agreement for property within
the County located as generally described on Exhibit A of the Agreement; and
WHEREAS, both the County and PSCo desire to amend the Agreement by changing the
dates of the public hearings and final action by the County as set forth in Section III. Terms of
Agreement, B. Alternative Review Timeline, and C. Final Action; and
WHEREAS, this First Amendment shall be binding as between the County and PSCo upon
the last date of execution of this First Amendment.
NOW, THEREFORE, in consideration of the foregoing, and the mutual promises and
covenants contained herein, the Parties hereto do mutually agree to this First Amendment to the
Agreement as follows:
1. The Agreement is hereby amended as follows:
a. The current Section III. Terms of Agreement, paragraphs B. Alternative Review
Timeline, and C. Final Action, are deleted in their entirety, and a new Section III,
Terms of Agreement, paragraphs B. Alternative Review Timeline, and C. Final
Action, are inserted as follows:
III. Terms of Agreement
B. Alternative Review Timeline
In accordance with the agreement to waive any applicable timeline, the Parties agree
to the following alternative review timeline for application review, public hearings
and final County action on the Application:
2019-0428
DN 3402851.1
1. Application submitted — August 13, 2018
2. Revised application deemed complete — September 24, 2018
3. Referral period complete — November 1, 2018
4. Planning Commission Hearing — March 19, 2019
5. Board of County Commissioner Hearing — May 22, 2019 (Final Action)
C. Final Action
The public hearings on PSCo's Application are currently scheduled to be heard by (1)
the County Planning Commission on Tuesday, March 19, 2019, and, (2) the Board of
County Commissioners on Wednesday, May 22, 2019, unless rescheduled as set forth
herein. The scheduled hearing dates may only be rescheduled upon mutual
agreement of the Parties, or if an unavoidable event occurs not attributable to the
County requiring the public hearing(s) to be rescheduled in which case such public
hearing will be scheduled for the next regular meeting of the Commission or the
Board, as appropriate, or the Application will be deemed approved. The Parties agree
that this Agreement and the alternative review timeline set forth herein are
reasonable.
2. All other terms and conditions of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the Parties have executed this First Amendment as of the dates of
signatures below.
County of Weld, Colorado
1150 O Street
Greeley, CO 80631
STATE OF COLORADO )
) ss.
COUNTY OF )envy' )
Public Service Company of Colorado
1800 Larimer Street, Suite 400
Denver, Colorado 80202
PUBLIC SERVICE COMPANY OF COLORADO
By:
Title:
Date:
2
1,4
n D. Lupo
nor Manage%Siting & Land Rights
Xcel Energy Servioes,,lnc..
as Authorized Agent for Public Service Company of Colorado
c,a4A,U012-2, zOl 9
DN 3402851.1
The foregoing instrument was signed before me this 22 day of D,o,4i q , 201_1, by
Ddi * Loeb , as Ste_ Viktorr "�-� k.( d /� for Public Service Company of
Colorado.
WITNESS my hand and official seal. My commission expires
CRYSTAL SANCHEZ
Notary Public
• State of Colorado
Notary ID # 19994014518
My Commission Expires 11:•23-2020
3
I( (1377-_02-4) •
COUNTY OF WELD, C LORADO
By: G
Barbara Kirk eyer, Chair
Title: Board of Weld County Commissioners
Date: JAN 2 8 2019
DN 3402851.1
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