HomeMy WebLinkAbout20160216.tiff RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR PAYMENT OF FEDERAL
MINERAL LEASE FUNDS FOR HARP 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
Payment of Federal Mineral Lease Funds for HARP Projects between the County of Weld, State
of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of
Weld County, and the Weld County Federal Mineral Lease Act District, commencing January 11,
2016, 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 HARP Projects between the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, on behalf 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 18th day of January, A.D., 2016, nunc pro tunc January 11, 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: udit) \ -
Mike Freeman, Chair
Weld County Clerk to the Board
' Sean P. Conway, Pro
BY: /
ty Clerk to t e Board f�� ��,
I ,. •
td44AC
APPROVXD ' l rara Kirkmeye /
ount ttorney
J5 `r Steve Moreno
Date of signature: °a
2016-0216
CC' f I),&"1-8,-F3 � 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 11, 2016, 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. § 30-20-1107 (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 $1,425,000 in 2016, 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, President
P.O. Box 758 2016-02166)
1150 O Street
Greeley, Colorado 80632
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. shallThis IGA begovern d and construed in accordance with the internal laws of the
e b y
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:
Mike Freeman, Chairman, Weld County
Federal Mineral Lease Act District Board of
�C Directors
ATTEST: digt44,1 . t0•iA. BOARD OF COUNTY COMMISSIONERS
Weld C Clerk to the Bo. d ... WELD COUNTY, COLORADO
BY:
Deputy Cl to e .r��� Mike Freeman,Chair JAN 8 2016
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APPROVED AS TO F ',!►. APP OVED AS TO UBSTANCE:
Controller / + Elected Official or Department Head
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