HomeMy WebLinkAbout20180154.tiffRESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR THE PAYMENT OF
FEDERAL MINERAL LEASE FUNDS FOR WATER TESTING 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
Payment of Federal Mineral Lease Funds for Water Testing 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 8, 2018, 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 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 10th day of January, A.D., 2018, nunc pro tunc January 8, 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ddavt,%yk,
Weld County Clerk to the Board
BY:
AP
ED AS . % ORM:
County Attorney
Date of signature: 0/-67448
Steve Moreno, Chai
CC.:
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Mike Freeman
2018-0154
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 8, 2018, 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").
WITNES SETH:
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 $50,000 in 2018 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
2018-0154 (I)
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
By: Thz..,
â
Mike Freeman, Chairman, Weld County
Federal Mineral Lease Act District Board of
Directors
ATTEST: '&k⢠BOARD OF COUNTY COMMISSIONERS
Weld Coun 3lerk to the BoWELD _ OUNTY, COLORADO
BY:
Deputy Cl
VEDAS T
Controller
APPROVED AS TO FO
County Attorney
Moreno, Chair
VED AS TO SUBSTANCE:
Elected Official or Department Head
2
o2 7/i- ®75 (1
Cheryl Hoffman
From:
Sent:
To:
Subject:
Esther Gesick
Wednesday, January 10, 2018 4:57 PM
Cheryl Hoffman
RE: Federal Mineral Lease Funds
Yes, I'll take two of the originals for the FML mile, plus a .pdf copy to me and Don if you don't mind. Then send the PW
orig to Curtis Hall and the HL one to Mark Thomas.
Esther E. Gesick
Clerk to the Board
1150 O Street/P.O. Box 7581 Greeley, CO 80632
tel: (970) 400-4226
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed
and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please
immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents
of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Cheryl Hoffman
Sent: Wednesday, January 10, 2018 2:37 PM
To: Esther Gesick <egesick@weldgov.com>
Subject: Federal Mineral Lease Funds
Question:
Last year, I have in Tyler notes that I gave 1 original of each to you. Of course, I know one is sent to PW and one to
Health. Anyone for both departments in particular, or do you want me to put them on your desk? Does a pdf go to
anyone?
Cheryl Hoffman
Deputy Clerk to the Board
Weld County Clerk to the Board Office
1150 O Street
Greeley, CO 80631
970.400.4227
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
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