HomeMy WebLinkAbout20194956.tiffWELD COUNTY
CODE ORDINANCE 2019-17
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 19
COORDINATED PLANNING AGREEMENTS, OF THE WELD COUNTY CODE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
WELD, STATE OF COLORADO:
WHEREAS, the Board of County Commissioners of the County of Weld, State of 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 of County Commissioners, on December 28, 2000, adopted Weld
County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld,
including the codification of all previously adopted ordinances of a general and permanent nature
enacted on or before said date of adoption, and
WHEREAS, the Weld County Code is in need of revision and clarification with regard to
procedures, terms, and requirements therein.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County
of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be, and hereby
are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as
follows.
CHAPTER 19
COORDINATED PLANNING AGREEMENTS
ARTICLE XXI
Johnstown Plan
Sec. 19-21-10. Introduction.
This Coordinated Planning Agreement ("CPA") is made and entered into effective as of the
23rd day of December, 2019, A.D., between the Board of County Commissioners of the County
of Weld, State of Colorado, whose address is 1150 O Street, Greeley, CO 80631, hereinafter
called the "COUNTY," and the Town of Johnstown, a Colorado municipal corporation, whose
address is 450 S. Parish Avenue, Johnstown, CO 80534, hereinafter called the "MUNICIPALITY."
The COUNTY and MUNICIPALITY are hereinafter sometimes referred to individually as "party"
and collectively as "the parties."
Sec. 19-21-20. Recitals.
A. The COUNTY exercises governmental authority regulating land use, growth and development
within the unincorporated areas of Weld County, Colorado, which areas include lands
surrounding the MUNICIPALITY; and
B. The MUNICIPALITY exercises governmental authority with respect to land use, growth, and
development within its municipal boundaries and regarding its annexations, and has
demonstrated the capability of providing municipal services and facilities (including water and
sewer services based on the municipality's code and/or other municipal service policies) within
the THREE (3) MILE AREA, as defined herein; and
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C. Title 29, Article 20 of the Colorado Revised Statutes, grants broad authority to local
governments to plan for and regulate development and the use of land within their respective
jurisdictions, accomplishing such activities through public processes that respect, protect, and
promote private property rights; and
D. Title 29, Article 20 of the Colorado Revised Statutes, authorizes and encourages local
governments to cooperate and contract with each other for the purpose of planning and
regulating the development of land by the joint and coordinated exercise of planning, zoning,
subdivisions, building, and related regulatory powers; and
E. Pressures for growth and development in the MUNICIPALITY and COUNTY indicate that the
joint and coordinated exercise by the COUNTY and MUNICIPALITY of their respective
planning, zoning, subdivision, building and related regulatory powers in such areas will best
promote the objectives stated in this CPA; and
F. This CPA adheres to the objectives and Policies of the Weld County Comprehensive Plan,
set forth in Section 22-2-40 of the Weld County Code and, in particular, UD.Goal 2., which
encourages the establishment of intergovernmental agreements concerning growth areas
with each municipality in Weld County.
G. This CPA adheres to the objectives and policies of the Town of Johnstown's Comprehensive
Plan; in particular, Goal CFR 5 seeking collaboration with neighboring jurisdictions regarding
land use, transportation, natural resources, and development quality.
Sec. 19-21-30. Purposes and Objectives.
The purpose of this CPA is to establish procedures and standards pursuant to which the
parties will move toward greater coordination in the exercise of their land use and related
regulatory powers within unincorporated areas surrounding the MUNICIPALITY. The objectives
of such efforts are to accomplish the type of development in such areas which best protects the
health, safety, prosperity, and general welfare of the inhabitants of the parties and to achieve
maximum efficiency and economy in the process of development and delivery of services.
However, any action taken pursuant to this CPA that pertains to any land within the
MUNICIPALITY, for incorporated areas, and within the COUNTY, for unincorporated areas, is
subject to exclusive final approval by the governing body of the MUNICIPALITY or COUNTY,
respectively.
Sec. 19-21-40. Definitions.
For the purposes of this CPA the following terms shall be defined as set forth herein:
DEVELOPMENT. Any land use requiring regulatory approval by the elected governing body
of the applicable party in the THREE (3) MILE AREA, except for an amendment to a plat or a
down -zoning, neither of which creates any additional lots, and except for a Recorded Exemption
or Subdivision Exemption. Existing agricultural uses, which are lawful uses, either as Uses by
Right under the Weld County Code, or as legally existing non -conforming uses, are also exempt
from the definition of Development.
THREE (3) MILE AREA. The area as defined by Colorado Revised Statutes C.R.S.
§31-12-105.1.E.
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Carly Koppes, Clerk and Recorder, Weld County, CO
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Sec. 19-21-50. Planning Coordination.
This CPA is intended to be a Comprehensive Development Plan adopted and implemented
pursuant to C.R.S. §29-20-105(2). Following the execution of this CPA by both parties,
applications to the COUNTY for DEVELOPMENT within the THREE (3) MILE AREA shall be
processed and determined in accordance with the following:
A. Referral. The COUNTY shall refer all proposals for the DEVELOPMENT within the THREE
(3) MILE AREA to the MUNICIPALITY for its review and recommendation. Such referral shall
include at least a copy of the written DEVELOPMENT proposal and preliminary COUNTY staff
summary of the case. The COUNTY shall allow not less than twenty-one (21) days for the
MUNICIPALITY to review the referral and furnish its recommendations to the COUNTY staff
prior to formulation of the COUNTY staff recommendation. If the MUNICIPALITY does not
respond within such time, the COUNTY staff may proceed with its recommendation, but any
comment or recommendation from the MUNICIPALITY received on or before the Thursday
immediately preceding the meeting of the Board of County Commissioners or Planning
Commission when the matter shall be considered, shall be transmitted to the Board or
Commission. If the MUNICIPALITY submits no comment or recommendation, the COUNTY
may assume it has no objection to the proposal. If the MUNICIPALITY submits
recommendations, the COUNTY shall either include within its written decision the reasons for
any action taken contrary to the same or furnish such reasons to the MUNICIPALITY by a
separate writing. The MUNICIPALITY shall be given notice of, and may appear and be heard
at, any hearing or other proceeding at which the COUNTY shall consider a DEVELOPMENT
subject to the foregoing referral process.
B. Development within THREE (3) MILE AREA. Upon receipt of any proposal for
DEVELOPMENT within the THREE (3) MILE AREA then currently eligible for voluntary
annexation to the MUNICIPALITY, the COUNTY shall, in writing, at time of a pre -application
with the Department of Planning Services, notify the proponent of the opportunity for
annexation. The Director of Planning Services shall, in writing, notify the MUNICIPALITY's
mayor and his or her designee of the proposal. The MUNICIPALITY shall have twenty-one
(21) days following contact by the proponent, which shall be documented, in writing, (with a
copy to the COUNTY), to notify the COUNTY, in writing, that the MUNICIPALITY and the
applicant have agreed to the terms of a pre -annexation agreement. The COUNTY shall not
process any application until the completion of said twenty-one (21) days, or until the
COUNTY receives notification from the MUNICIPALITY that a pre -annexation agreement
between the MUNICIPALITY and the applicant will not be pursued, whichever occurs sooner.
If no such notification is received by the COUNTY during said twenty-one (21) days,
processing of the application shall continue by the COUNTY to completion. The time period
may be extended upon written consent from both parties. Notwithstanding the provisions of
this CPA, a property owner shall retain the right to seek annexation into the MUNICIPALITY
pursuant to the Municipal Annexation Act of 1965, C.R.S. §§31-12-101 et seq., and the
MUNICIPALITY shall retain the right, in its lawful discretion, to annex the property that is the
subject of the DEVELOPMENT.
C. Mutuality of Impact Consideration. The parties recognize that decisions by one party regarding
development may impact property outside of its jurisdiction. The parties agree that
jurisdictional boundaries shall not be the basis for giving any greater or lesser weight to those
impacts during the course of deliberations.
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D. Referrals to County. The MUNICIPALITY shall refer proposals for DEVELOPMENT which lie
within five hundred (500) feet of any property in unincorporated Weld County to the COUNTY
for its review and recommendation. Such referral shall include at least a copy of the written
DEVELOPMENT proposal. The MUNICIPALITY shall allow not less than twenty-one (21)
days for the COUNTY to review same and furnish its recommendations to the MUNICIPALITY.
If the COUNTY submits no comment or recommendation, the MUNICIPALITY may assume it
has no objection to the proposal. If the COUNTY submits recommendations, the
MUNICIPALITY shall either include within its written decision the reasons for any action taken
contrary to the same or furnish such reasons to the COUNTY by a separate writing. Where
the DEVELOPMENT is proposed as part of an annexation of more than ten (10) acres, the
provisions of this section shall be deemed satisfied by compliance by the MUNICIPALITY with
the notice and impact report provisions of the most current version of the Municipal Annexation
Act then in effect. The COUNTY shall be given notice of, and may appear and be heard at
any hearing or other proceeding at which the MUNICIPALITY shall consider a
DEVELOPMENT subject to the foregoing referral process.
Sec. 19-21-60. Implementation of CPA.
Following the mutual execution of this CPA, each party shall promptly enact and implement
such amendments to its existing regulations as may be necessary to give effect to the provisions
of Section 19-21-50. Each party shall have sole and exclusive discretion to determine such
measures and any new ones enabling it to perform this CPA. Each party's land use regulations,
as referred to herein, are ordinances whose amendment requires certain formalities, including
notice and public hearings. The mutual covenants in this section and elsewhere to implement this
CPA promptly are given and received with mutual recognition and understanding of the legislative
processes involved, and such covenants shall be liberally construed in light thereof.
Sec. 19-21-70. Establishment of Common Development Standards.
The MUNICIPALITY and COUNTY shall, within one (1) year of the effective date of this CPA,
attempt to agree to establish common development standards within designated areas, which
may include areas within the MUNICIPALITY's boundaries and/or within the THREE (3) MILE
AREA. Common development standards should include, but not be limited to, roadways (types,
widths, horizontal design, access and spacing) and drainage (on -site, off -site, discharge,
easements, and regional facilities).
Sec. 19-21-80. Miscellaneous provisions.
A. Severability. Should any one or more sections or paragraphs of this CPA be judicially
determined invalid or unenforceable, such judgment shall not affect, impair or invalidate the
remaining provisions of this CPA, the intention being that the various sections and paragraphs
are severable; provided, however, that the parties shall then review the remaining provisions
to determine if the CPA should continue, as modified, or if the CPA should be terminated.
B. Termination. This CPA shall continue in effect for a period of one (1) year from the date first
written above, and shall be renewed automatically thereafter for successive one (1) year
periods. Notwithstanding the foregoing, however, either party may terminate this CPA by
giving at least twelve (12) months' written notice thereof to the other party.
C. Amendment. This CPA may be amended only by a writing executed by the parties and
adopted according to the same procedures as the original adoption (requiring the written
consent of the amendment by both parties and compliance with the procedures detailed in
Sections D. and E. below).
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Carly Koppes, Clerk and Recorder, Weld County, CO
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D. Adoption by the MUNICIPALITY. The MUNICIPALITY shall, at public hearing(s), consider this
CPA for adoption upon published notification. The MUNICIPALITY shall provide a complete
record of such public hearing(s) to the COUNTY for review prior to the start of the COUNTY's
adoption process detailed in Section E. below.
E. Adoption by the COUNTY. The COUNTY shall, upon published notification, consider this CPA
for adoption and amendment to Chapter 19 of the Weld County Code. In the course of such
adoption process, the COUNTY shall review the complete record of the public hearing(s) held
by the MUNICIPALITY wherein it considered this CPA for adoption. The effective date of this
CPA shall be its effective date of amendment to the Weld County Code.
F. Reserved Rights. Nothing herein shall be construed to limit any procedural or substantive
rights afforded a party under law respecting the matters that are the subject of this CPA,
including without limitation any rights of referral, participation or judicial review related to any
land use or development procedure or approval of the other party, which rights are hereby
reserved to each party.
G. Enforcement. Either party may enforce this CPA by an action for specific performance,
declaratory and/or injunctive relief, or other equitable relief. The parties agree the remedies
for enforcement hereof are limited to non -monetary relief, and each party hereby waives any
right to seek damages for any violation of this CPA. No other person or entity shall have any
right to enforce the provisions of this CPA.
BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is,
directed to arrange for Municode to supplement the Weld County Code with the amendments
contained herein, to coincide with chapters, articles, divisions, sections, and subsections as they
currently exist within said Code; and to resolve any inconsistencies regarding capitalization,
grammar, and numbering or placement of chapters, articles, divisions, sections, and subsections
in said Code.
BE IT FURTHER ORDAINED by the Board, if any section, subsection, paragraph, sentence,
clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such
decision shall not affect the validity of the remaining portions hereof. The Board of County
Commissioners hereby declares that it would have enacted this Ordinance in 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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Carly Koppes, Clerk and Recorder, Weld County, CO
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The above and foregoing Ordinance Number 2019-17 was, on motion duly made and
seconded, adopted by the following vote on the 9th day of December, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLRADO
ATTEST: datittiv W Xigo t,k,
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
APPED AS
Coun > Attorney
Date of signature:
First Reading:
Publication:
arbara Kirkmeyer, I hair
Steve Moreno
November 4, 2019
November 13, 2019, in the Greeley Tribune
Second Reading: November 25, 2019
Publication: November 29, 2019, in the Greeley Tribune
Final Reading: December 9, 2019
Publication: December 18, 2019, in the Greeley Tribune
Effective: December 23, 2019
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VIII IrdindilltliiiiMiNkiNICM h Alb 11111
COORDINATED PLANNING AGREEMENT
BETWEEN THE TOWN OF JOHNSTOWN, COLORADO, AND WELD COUNTY, COLORADO
s Coord' ated Planning Agreement ("CPA") is made and entered into effective as of
the day of 019, A.D., between the Board of County Commissioners of the
County of Weld, State of Colorado, whose address is 1150 O Street, Greeley, CO 80631,
hereinafter called the "COUNTY," and the Town of JOHNSTOWN, a Colorado municipal
corporation, whose address is 450 S. Parish Ave., Johnstown, CO 80534, hereinafter called the
"MUNICIPALITY." The COUNTY and MUNICIPALITY are hereinafter sometimes referred to
individually as "party" and collectively as "the parties."
RECITALS
A. COUNTY exercises governmental authority regulating land use, growth and
development within the unincorporated areas of Weld County, Colorado, which areas include
lands surrounding MUNICIPALITY; and
B. MUNICIPALITY exercises governmental authority with respect to land use, growth,
and development within its municipal boundaries and regarding its annexations, and has
demonstrated the capability of providing municipal services and facilities (including water and
sewer services based on the municipality's code and/or other municipal service policies) within
the THREE (3) MILE AREA, as defined herein; and
C. Title 29, Article 20 of the Colorado Revised Statutes, grants broad authority to local
governments to plan for and regulate development and the use of land within their respective
jurisdictions, accomplishing such activities through public processes that respect, protect, and
promote private property rights; and
D. Title 29, Article 20 of the Colorado Revised Statutes, authorizes and encourages
local governments to cooperate and contract with each other for the purpose of planning and
regulating the development of land by the joint and coordinated exercise of planning, zoning,
subdivisions, building, and related regulatory powers; and
E. Pressures for growth and development in MUNICIPALITY and COUNTY indicate
that the joint and coordinated exercise by COUNTY and MUNICIPALITY of their respective
MI planning, zoning, subdivision, building and related regulatory powers in such areas will best
promote the objectives stated in this CPA; and
8
" =� F. This CPA adheres to the objectives and Policies of the Weld County
Comprehensive Plan, set forth in Section 22-2-40 of the Weld County Code and, in particular,
g!j UD.Goal 2., which encourages the establishment of intergovernmental agreements concerning
growth areas with each municipality in Weld County.
•
N •3-
4 G. This CPA adheres to the objectives and policies of the Town of Johnstown's
0,1 1.6 Comprehensive Plan. In particular, Goal CF 5 seeking collaboration with neighboring jurisdictions
S'gmregarding land use, transportation, natural resources, and development quality.
ea
4mY NOW THEREFORE, for and in consideration of the mutual promises and undertakings
dm: -w• herein set forth, the parties agree as follows:
N !EP 1. PURPOSES AND OBJECTIVES. The purpose of this CPA is to establish
csie no=
DN procedures and standards pursuant to which the parties will move toward greater coordination in
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the exercise of their land use and related regulatory powers within unincorporated areas
surrounding MUNICIPALITY. The objectives of such efforts are to accomplish the type of
development in such areas which best protects the health, safety, prosperity, and general welfare
of the inhabitants of the parties and to achieve maximum efficiency and economy in the process
of development and delivery of services. However, any action taken pursuant to this CPA that
pertains to any land within MUNICIPALITY, for incorporated areas, and within COUNTY, for
unincorporated areas, is subject to exclusive final approval by the governing body of
MUNICIPALITY or COUNTY, respectively.
2. DEFINITIONS. For the purposes of this CPA the following terms shall be defined
as set forth herein:
2.1 DEVELOPMENT. Any land use requiring regulatory approval by the
elected governing body of the applicable party in the THREE (3) MILE AREA, except for
an amendment to a plat or a down -zoning, neither of which creates any additional lots,
and except for a Recorded Exemption or Subdivision Exemption. Existing agricultural
uses, which are lawful uses, either as uses -by -right under the Weld County Code, or as
legally existing non -conforming uses, are also exempt from the definition of
"DEVELOPMENT."
2.2. THREE (3) MILE AREA. The area as defined by Colorado Revised
Statutes, C.R.S. 31-12-105.1.E.
3. PLANNING COORDINATION. This CPA is intended to be a Comprehensive
Development Plan adopted and implemented pursuant to C.R.S. § 29-20-105(2). Following the
execution of this CPA by both parties, applications to COUNTY for DEVELOPMENT within the
THREE (3) MILE AREA shall be processed and determined in accordance with the following:
3.1 Referral. COUNTY shall refer all proposals for DEVELOPMENT within the
THREE (3) MILE AREA to MUNICIPALITY for its review and recommendation. Such
referral shall include at least a copy of the written DEVELOPMENT proposal and
preliminary COUNTY staff summary of the case. COUNTY shall allow not less than
twenty-one (21) days for MUNICIPALITY to review the referral and furnish its
recommendations to COUNTY staff prior to formulation of the COUNTY staff
recommendation. If the MUNICIPALITY does not respond within such time, COUNTY
staff may proceed with its recommendation, but any comment or recommendation from
MUNICIPALITY received on or before the Thursday immediately preceding the meeting
of the Board of County Commissioners or Planning Commission when the matter shall be
considered shall be transmitted to the Board or Commission. If the MUNICIPALITY
submits no comment or recommendation, COUNTY may assume it has no objection to
the proposal. If MUNICIPALITY submits recommendations, COUNTY shall either include
within its written decision the reasons for any action taken contrary to the same or furnish
such reasons to MUNICIPALITY by a separate writing. MUNICIPALITY shall be given
notice of, and may appear and be heard at any hearing or other proceeding at which
COUNTY shall consider a DEVELOPMENT subject to the foregoing referral process.
3.2 Development Within THREE (3) MILE AREA. Upon receipt of any
proposal for DEVELOPMENT within the THREE (3) MILE AREA then currently eligible for
voluntary annexation to MUNICIPALITY, COUNTY shall, in writing, at time of a pre -
application with the Department of Planning Services, notify the proponent of the
opportunity for annexation. The Director of Planning Services shall, in writing, notify
MUNICIPALITY's mayor and his or her designee of the proposal. MUNICIPALITY shall
2
have twenty-one (21) days following contact by the proponent, which shall be documented
in writing (with a copy of COUNTY), to notify COUNTY in writing that MUNICIPALITY and
the applicant have agreed to the terms of a pre -annexation agreement. COUNTY shall not
process any application until the completion of said twenty-one (21) days, or until
COUNTY receives notification from the MUNICIPALITY that a pre -annexation agreement
between MUNICIPALITY and the applicant will not be pursued, whichever occurs sooner.
If no such notification is received by COUNTY during said twenty-one (21) days,
processing of the application shall continue by COUNTY to completion. The time period
may be extended upon written consent from both parties. Notwithstanding the provisions
of this CPA, a property owner shall retain the right to seek annexation into the
MUNICIPALITY pursuant to the Municipal Annexation Act of 1965, C.R.S. §§ 31-12-101
et seq., and the MUNICIPALITY shall retain the right, in its lawful discretion, to annex the
property that is the subject of the DEVELOPMENT.
3.3 Mutuality of Impact Consideration. The parties recognize that decisions
by one party regarding development may impact property outside of its jurisdiction. The
parties agree that jurisdictional boundaries shall not be the basis for giving any greater or
lesser weight to those impacts during the course of deliberations.
3.4 Referrals to County. MUNICIPALITY shall refer proposals for
DEVELOPMENT which lie within 500 feet of any property in unincorporated Weld County
to COUNTY for its review and recommendation. Such referral shall include at least a copy
of the written DEVELOPMENT proposal. MUNICIPALITY shall allow not less than twenty-
one (21) days for COUNTY to review same and furnish its recommendations to
MUNICIPALITY. If COUNTY submits no comment or recommendation MUNICIPALITY
may assume it has no objection to the proposal. If COUNTY submits recommendations,
MUNICIPALITY shall either include within its written decision the reasons for any action
taken contrary to the same or furnish such reasons to COUNTY by a separate writing.
Where the DEVELOPMENT is proposed as part of an annexation of more than 10 acres,
the provisions of this section shall be deemed satisfied by compliance by MUNICIPALITY
with the notice and impact report provisions of the most current version of the Municipal
Annexation Act then in effect. COUNTY shall be given notice of, and may appear and be
heard at any hearing or other proceeding at which MUNICIPALITY shall consider a
DEVELOPMENT subject to the foregoing referral process.
4. IMPLEMENTATION OF CPA. Following the mutual execution of this CPA, each
party shall promptly enact and implement such amendments to its existing regulations as may be
necessary to give effect to the provisions of Section 3. Each party shall have sole and exclusive
discretion to determine such measures and any new ones enabling it to perform this CPA. Each
party's land use regulations as referred to herein are ordinances whose amendment requires
certain formalities, including notice and public hearings. The mutual covenants in this section and
elsewhere to implement this CPA promptly are given and received with mutual recognition and
understanding of the legislative processes involved, and such covenants shall be liberally
construed in light thereof.
5. ESTABLISHMENT OF COMMON DEVELOPMENT STANDARDS.
MUNICIPALITY and COUNTY shall, within one (1) year of the effective date of this CPA, attempt
to agree to establish common development standards within designated areas, which may include
areas within MUNICIPALITY's boundaries and/or within the THREE (3) MILE AREA. Common
development standards should include, but not be limited to, roadways (types, widths, horizontal
design, access and spacing) and drainage (on -site, off -site, discharge, easements, and regional
facilities).
3
6. MISCELLANEOUS PROVISIONS.
6.1 Severability. Should any one or more sections or paragraphs of this CPA
be judicially determined invalid or unenforceable, such judgment shall not affect, impair or
invalidate the remaining provisions of this CPA, the intention being that the various
sections and paragraphs are severable; provided, however, that the parties shall then
review the remaining provisions to determine if the CPA should continue, as modified, or
if the CPA should be terminated.
6.2 Termination. This CPA shall continue in effect for a period of one year
from the date first written above, and shall be renewed automatically thereafter for
successive one (1) year periods. Notwithstanding the foregoing, however, either party
may terminate this CPA by giving at least twelve (12) months' written notice thereof to the
other party.
6.3 Amendment. This CPA may be amended only by a writing executed by
the parties and adopted according to the same procedures as the original adoption
(requiring the written consent of the amendment by both parties and compliance with the
procedures detailed in Sections 6.4 and 6.5 of this CPA).
6.4 Adoption by MUNICIPALITY. MUNICIPALITY shall at public hearing(s)
consider this CPA for adoption upon published notification. MUNICIPALITY shall provide
a complete record of such public hearing(s) to COUNTY for review prior to the start of
COUNTY's adoption process detailed in Section 6.5, below.
6.5 Adoption by COUNTY. COUNTY shall, upon published notification
consider this CPA for adoption and amendment to Chapter 19 of the Weld County Code.
In the course of such adoption process, COUNTY shall review the complete record of the
public hearing(s) held by MUNICIPALITY wherein it considered this CPA for adoption.
The effective date of this CPA shall be its effective date of amendment to the Weld County
Code.
6.6 Reserved Rights. Nothing herein shall be construed to limit any
procedural or substantive rights afforded a party under law respecting the matters that are
the subject of this CPA, including without limitation any rights of referral, participation or
judicial review related to any land use or development procedure or approval of the other
party, which rights are hereby reserved to each party.
6.7 Enforcement. Either party may enforce this CPA by an action for specific
performance, declaratory and/or injunctive relief, or other equitable relief. The parties
agree the remedies for enforcement hereof are limited to non -monetary relief, and each
party hereby waives any right to seek damages for any violation of this CPA. No other
person or entity shall have any right to enforce the provisions of this CPA.
IN WITNESS WHEREOF, the parties have executed this CPA effective as of the date
first above written.
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Carly Koppes, Clerk and Recorder, Weld County, CO
11111kirrI'iThif!hWr i!' ' IPIMA VIII
4
ATTEST:
CLERK OF THE BOARD
Esther E. Gesick
Deputy r rk to the Boa
ATTEST:
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Carly Koppel, Clerk and Recorder, Weld County, CO
11111
BOARD OF COUNTY
COMMISSIONERS OF
WELD COUNTY, COORADO
arbara Kirktieyer, Ckiair
DEC • 9 2019
MUNICIPALITY
TOWN OF JOHNSTOWN
5
O2O9- 1/19O-
Hello