HomeMy WebLinkAboutC88-029 IGA with Red Cliff for Road Maintenance ServicesI88 -29 -50
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE COUNTY OF EAGLE, STATE OF COLORADO
AND
THE TOWN OF RED CLIFF, STATE OF COLORADO
ROAD MAINTENANCE SERVICES
This Intergovernmental Agreement, made and entered into
this lZith day of March, 1988, by and between the County
of Eagle, State of Colorado, a body corporate and politic, by
and through its Board of County Commissioners, hereinafter
referred to as the "County "; and the Town of Red Cliff, State
of Colorado, a municipal corporation, by and through its Town
Council, hereinafter referred to as the "Town. "
1. Authority
This Agreement is entered into under the authority of
local governments of the State of Colorado to contract with
one another, for the County to provide road maintenance
services to the Town in exchange for the forfeiture by the
Town of County Road and Bridge funds: Section 29 -1 -201, et
se g., C.R.S., as amended; Section 43 -2 -202, 203, C.R.S.; and
Article XIV, Section 19, Colorado Constitution.
2. Territory Covered
The territory covered by this Agreement includes all
roads owned and maintained previously by the Town of Red
Cliff, located within the corporate limits of the Town of Red
Cliff.
3. Scope of Services
3.1 Eagle County agrees to
ance for the Town of Red Cliff.
public roads, general snow and
sanding of these roads. Roads
condition equal to their condit:
wear and tear excepted.
provide general road mainten-
This includes patchwork on
ice removal, and limited
shall be maintained in a
Lon on March 1, 1988, normal
3.2 Public Roads shall include, as applicable, the
entire public road right -of -way, including the graveled or
asphalt driving surface, shoulders, and drainageways.
C",
3.3 The Town shall require all utilities - including
telephone, water, sewer, natural gas, electric, television or
any other utility within a right -of -way - to obtain a road cut
permit from Eagle County prior to digging within the right -of-
way. The Town shall adopt an ordinance acceptable to the
County requiring such a permit.
3.4 The Town shall cooperate, by adoption of an ordin-
ance if necessary, in the regulation of on- street parking
during snow removal.
3.5 The Town shall identify designated snow storage
areas. The Town shall provide a securable, enclosed storage
facility to Eagle County, at no cost to the County, for a
minimum of two pieces of equipment, and also provide an area
for storage of a fuel tank.
3.6 Operation of the equipment will be limited to Eagle
County employees.
4. Compensation
4.1 For the performance of general road maintenance by
Eagle County, the Town of Red Cliff agrees to forfeit to the
County its portion of County Road and Bridge funds and its
portion of the Highway User Tax Fund received from the State
of Colorado. Pursuant to Sections 43 -2 -202, 203, C.R.S., by
mutual agreement between a municipality and the board of
county commissioners, such municipality may elect to receive,
in part or full, the equivalent of such amount in the value of
material furnished or work performed on roads and streets
located within its corporate boundaries by the county, either
during the calendar year in which such revenue is actually
collected, or by mutual agreement during any succeeding
calendar year.
4.2 Financial obligations of the Town and County,
respectively, payable after the current fiscal year, are
contingent upon funds for the purposes set forth in this
Agreement being appropriated, budgeted and otherwise made
available.
4.3 Highway User Tax Fund Revenues shall be assigned
directly to the County unless the State of Colorado is unwil-
ling to allow this. If that is the case, the funds shall be
immediately delivered by the Town to the County.
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5. Termination
Unless sooner terminated as provided for herein, this
Agreement shall be effective January 1, 1988, and shall
terminate December 31, 1988. Notwithstanding the foregoing
provisions, either party, with or without cause, may terminate
this Agreement upon the giving of thirty (30) days' prior
%.'written notice of such termination to the other respective
party. Notice shall be deemed to have been given upon the
mailing of said notice by United States certified, first -class
mail, postage prepaid, and addressed to the parties at their
respective addresses as shall appear herein, or upon a change
of address pursuant to this notice provision.
6. Miscellaneous Provisions
6.1 This Agreement does not and shall not be deemed to
confer upon nor grant to any third party any cause of action,
right to sue, or other proceedings against the County because
of any breach hereof or because of any terms, covenants,
agreements or conditions contained herein.
6.2 Except as specifically provided otherwise herein, no
modification or waiver of this Agreement or of any covenant,
condition or provision herein contained shall be valid unless
in writing and duly executed by both parties.
6.3 This written Agreement embodies the whole agreement
between the parties hereto, and there are no inducements,
promises, terms, conditions or obligations made or entered
into by either the County or the Town other than those con-
tained herein.
6.4 This Agreement shall be binding upon the respective
parties hereto, their successors or assigns, and may not be
assigned by anyone without the prior written consent of the
other respective party hereto.
6.5 All agreements and covenants herein are severable,
and in the event that any of them shall be held invalid by a
court of competent jurisdiction, this Agreement shall be
interpreted as if such invalid agreement or covenant were not
contained herein.
6.6 In the event that a court of competent jurisdiction
determines that either of the parties hereto does not possess
the legal ability to enter into this Agreement, this Agreement
shall be considered null and void as of the date of such court
determination.
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IN WITNESS WHEREOF, the parties hereto have set their
hands and seals the date first above written.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
ATTEST: BOARD OF COUNTY COMMISSIONERS
i
/rt �-' By
k of t Board 6f Georg A. Gates, Chairman
ty Commissioners P.O. Box 850
Eagle, Colorado 81631
827 -5303
TOWN OF RED CLIFF, By and
ATTEST: Through Its Town Council
_.
By: POS14-10u, _ f -L) By:
Town Clerk Title:
%� l,1 1 j ) L P.O. Box 109
�i Red Cliff, Colorado 81649
827 -5303
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