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Home My WebLink About20191827.tiffRESOLUTION RE: APPROVE SECOND 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 the Second 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 the 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 Second 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 the 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 13th day of May, A.D., 2019. BOARD OF COUNTY COMMISSIONERS WE,,LD COUNTY, COLORADO ATTEST: dititeti ..eico;ok. Weld County Clerk to the Board BY: Deputy Clerk County A orney Date of signature: 5- l'1"V .142C.4, ra Kirkme er, hair arba y c Mike Freeman, Pro -Tern Conwa K. James Steve Moreno cc: PIA To, c it ), PscCC colyl ict 2019-1827 PL2623 TO: Board of County Commissioners FROM: Bob Choate, Assistant County Attorney DATE: May 6, 2019 SUBJECT: Second Amendment to Waiver Agreement — Public Service Company of Colorado / Xcel There is a pending application for a power line that is coming before the Board. C.R.S. §29-20-108(2) requires that the application be heard within 90 days, or the application is deemed automatically approved. The same statute allows the reviewing agency and the applicant to agree to additional time so that the application can proceed. Given the amount of land use applications we have over the next several months, Xcel has agreed to extend the 90 day timeframe to give staff enough time to present the application to the Board. The original waiver agreement was approved November 5, 2018, and was extended again on January 28, 2019. The case is currently scheduled to be heard by the Board on May 22, 2019, however the applicant will be requesting another continuance in order to address concerns from referrals and public comments. This second amendment allows the case to be continued at the Board's discretion until July 17, 2019, which was previously cleared with the Clerk to the Board, or any further time as agreed upon by the Board and the applicant. Approval of this second amendment does not continue the case beyond May 22"d — it merely provides the Board the discretion to do so. I recommend you approve this second amendment. It is worded such that you should not be required to approve any further amendments, even if the case is continued again. Approve Staff Recommendation Work Session Requested Comments Sean Conway `' /� -t 5 `I'" ��C r -41J u_12 --- W,' h40�,f 40_,2,-(j7,6,),,,,i4 4 C /1,L - `4tOiCi - � Gpt-,,,o/ 9 ! ` i‘G7,f_ .. Mike Freeman r4- Gp,,,x'x Scott Jamesfi.. Barbara Kirkmeyer �[ /... Steve Moreno / � r' C c.c PLC TP) . CCU -C BC), Xcel 2trerc}ct. 05/(3/19 " 2019-1827 PLCoS3 SECOND 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 SECOND AMENDMENT ("Second 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 0 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, the County and PSCo previously agreed to amend the Agreement by that First Amendment dated January 28, 2019; and WHEREAS, both the County and PSCo desire to amend the Agreement by changing the dates of the public hearings and fmal action by the County as set forth in Section III. Terms of Agreement, B. Alternative Review Timeline, and C. Final Action; and WHEREAS, this Second Amendment shall be binding as between the County and PSCo upon the last date of execution of this Second Amendment. NOW, THEREFORE, in consideration of the foregoing, and the mutual promises and covenants contained herein, the Parties hereto do mutually agree to this Second Amendment to the Agreement as follows: 1. The Agreement is hereby amended as follows: a. The current Section 111. 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: Ill. 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 fmal County action on the Application: 020 /9- l,F27 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 —June 18, 2019, or such further date that may be approved by the authorized representative of PSCo, in writing or verbally on the record of a public hearing. 5. Board of County Commissioner Hearing — July 17, 2019 (Final Action), or such further date that may be approved by the authorized representative of PSCo, in writing or verbally on the record of a public hearing. c. Final Action The public hearings on PSCo's Application are currently scheduled to be heard by (1) the County Planning Commission on Tuesday, June 18, 2019, and, (2) the Board of County Commissioners on Wednesday, July 17, 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 Public Service Company of Colorado 1800 Larimer Street, Suite 400 Denver, Colorado 80202 PUBLIC SERVICE COMPANY OF COLORADO By: Ca0A Carly R. Rowe Manager, Siting & Land Rights, Xcel Energy Services, Inc., as Authorized Agent Date: April 29, 2019 STATE OF COLORADO ) ) ss. CITY & COUNTY OF DENVER ) The foregoing instrument was signed before me this 29th day of April, 2019, by Carly R. Rowe, Manager, Siting & Land Rights, Xcel Energy Services, Inc., as Authorized Agent for Public Service Company of Colorado. WITNESS my hand and official seal. My commission expires /"cili 3-1 Z 0Zc.? tary Public TRESSA DORIS TULIAU Notary Public State of Colorado Notary ID 0 201 14064065 My Commission Expires 11-21,2020 3 COUNTY OF WELD, OLORADO B arbara Kirktfneyer, Chair Title: Board of Weld County Commissioners Date: m 7 3 2019 c20i9- /421 RE: SECOND AMENDMENT TO LOCAL GOVERNMENT APPLICATION APPROVAL WAIVER AGREEMENT - PUBLIC SERVICE COMPANY OF COLORADO APPROVED AS TS ' STANCE: Elected Official or Department Head APPRE� Controller APP AS TO FORM: County Attorney Hello