HomeMy WebLinkAbout20190425.tiffRESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR THE PAYMENT OF
FEDERAL MINERAL LEASE FUNDS FOR VARIOUS ROAD IMPROVEMENT
PROJECTS AND AUTHORIZE CHAIR TO SIGN
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
Payment of Federal Mineral Lease Funds for Various Road Improvement Projects between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, and the Weld County Federal Mineral Lease Act District, commencing January 7, 2019,
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 Payment of Federal Mineral
Lease Funds for Various Road Improvement Projects between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, and the Weld
County 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 28th day of January, A.D., 2019, nunc pro tunc January 7, 2019.
BOARD OF COUNTY COMMISSIONERS
WD COUNTY, COLQRADO
ATTEST:dithA)
Weld County Clerk to the Board
BYQ62Q13te. G, •
puty Clerk to the Board
APED
Cou y A torney
Date of signature: ('),Q(Ott 19
arbara Kirkmeyer, Fhair
Mike Freeman, Pro-Tem
rte.
can P. Conway
James
Steve Moreno
CC:G"COGEO,rrICovA
PL.TcgCJCO)
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2019-0425
SD0136
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 7, 2019, 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 Works a
proposal for funding of various road improvement projects on Weld County Roads, a copy of
which is attached hereto and referred to herein as "Exhibit A," and
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 GC -MS insturment.
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 $1,050,000 in 2019, as funding for the
various road improvement projects on Weld County Roads detailed in Exhibit A.
Progress payments shall occur as projects are completed.
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
2019-04256)
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
ATTEST:j„Q
Weld . my Clerk to the
BY:
eputy
the
By:
Mike Freeman, Chairman, Weld County
Federal Mineral Lease Act District Board of
Directors
BOARD OF COUNTY COMMISSIONERS
W D COUNTY, CIDLORADO
arbara Kirkmeyeri
Chair
J N 2 8 2ois
APPROVED AS TO FUNDING: APP OV1 DA TUBTANCE:
Controller
APPROVED AS TO FORM:
County Attorney
Elected Official or Department Head
2
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FOR INTERNAL'USET) Y.
SUBJECT TO CHANGE.
DATE - 01/07/2019
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USGS The National Map: National Boundaries Dataset, National Elevation Dataset. Geographic Names
Information System. National Hydrography Dataset. National Land Cover Database National Structures
Dataset, and National Transportation Dataset; U.S. Census Bureau - TIGER/Line; HERE Road Data
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