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Home My WebLink AboutC05-046 Eagle, Grand and Summit County IGA (!~s- oS"~ - /l> INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN EAGLE COUNTY, GRAND COUNTY AND SUMMIT COUNTY FOR MATTERS OF STATE INTEREST This Intergovernmental Agreement (hereinafter referred to as the "IGA") by and between the County of Eagle, a body politic and corporate of the State of Colorado, the County of Grand, a body politic and corporate of the State of Colorado, and the County of Summit, a body politic and corporate of the State of Colorado (hereinafter collectively refe7Jfo as "the Counties" and individually as a "County") is made to be effective on this day of February, 2005. WITNESSETH: WHEREAS, the Counties believe that a coordinated approach to land use planning is necessary to ensure quality growth and development; and WHEREAS, impacts of land use activities such as site selection and construction of major new water and sewage treatment systems; the major extension of domestic water and sewage treatment systems; efficient utilization of municipal and industrial water projects; or any large scale water project activities that must be permitted by any County in accordance with regulations adopted pursuant to H.B. 74-1041 (hereinafter referred to as "Water Development Activity or Water Development Activities") may cross jurisdictional boundaries; and WHEREAS, the Counties have adopted various land use and environmental regulations that apply to Water Development Activities and areas and/or activities of state interest within their respective jurisdictions; and WHEREAS, the Counties desire to cooperate and consider the impacts in all the Counties resulting from those Water Development Activities addressed by this IGA; and WHEREAS, pursuant to H.B. 74-1041, as codified in Colorado Revised Statutes S24-65.1-301, it is the function oflocal governments to (i) receive recommendations from other local governments relating to areas and activities of state interest and (ii) send recommendations to other local governments relating to areas and activities of state interest; and WHEREAS, Colorado Revised Statutes S29-20-105(l) in accordance with S29-1- 201 and Article XXIV, Section 18(2)(a) of the Colorado Constitution, authorizes local governments to cooperate or contract with other units of government for the purpose of planning or regulating the development of land; and WHEREAS, the Counties desire to cooperate and enter into this IGA in order to promote a fair and open process for the review of those Water Development Activities that may be proposed in any County that is a party to this IGA through the joint adoption of a mutually binding and enforceable agreement. NOW THEREFORE, in consideration of the above and the mutual covenants and commitments made herein, the parties agree as follows: 1. DEFINITIONS. The following terms shall have the meanings as set forth below: 1.1 Affected County. A County that is a pmiy to this IGA and likely to be affected by a proposed Water Development Activity. 1.2 Jurisdictional Boundaries. The geographic boundaries of each County that is a party to this IGA. 1.3 Permit. A land use permit, a development permit, or a permit for an area or activity of state interest pursuant to H.B. 74-1041 required prior to the commencement of a Water Development Activity. 1.4 Permit Criteria. Those substantive criteria and standards duly adopted in land use regulations of the Regulatory County that must be satisfied before a Permit can be granted. 1.5 Proiect Area. The area of land in the unincorporated area of any County that is affected by a Water Development Activity. 1.6 Regulatory County. A Comity that is a party to this IGA with legal responsibility for issuing a Permit for a Water Development Activity. 2. REFERRAL TO AFFECTED COUNTY. A complete Permit application for a Water Development Activity within a Project Area of any County shall be immediately forwarded to any Affected County. To be considered, the Affected County's response shall be received by the Regulatory County within twenty (20) days of the date of referral. 2.1 If the Affected Countyls response is timely received by the Regulatory County, the Regulatory County shall include such response in the administrative record for the Permit application. 2.2 Any written comments and proposed Permit conditions submitted by an Affected County and any testimony and evidence presented by an Affected County during public hearing(s) shall be considered by the Regulatory County during the Permit decision process. 2 2.3 The parties acknowledge that nothing herein shall be interpreted as either (i) affecting the authority of the Regulatory County to render a decision upon any Permit application, or (ii) predetermining the outcome of such application proceeding. 2.4 The parties acknowledge that nothing herein shall be interpreted as limiting or otherwise affecting the authority or jurisdiction of any County to require a Pelmit for any Water Development Activity. 3. PERMIT CRITERIA. The parties agree that a Regulatory County shall use the Pern1it Criteria to evaluate the impacts of any Permit application for a Water Development Activity within its Jurisdictional Boundaries. 4. TERMINA TION. The parties agree that any County may terminate this Intergovernmental Agreement at its option. If at any time during the term of this Intergovernmental Agreement any County desires to terminate this Intergovernmental Agreement, the terminating County is required to send written notice of such termination to the other parties hereto by U.S. Mail at least 30 days prior to the effective date of such tern1ination. 5. AMENDMENTS. This Intergovernmental Agreement contains the entire agreement between the parties. Any amendment of this IGA shall take place only upon approval by resolution adopted by the governing body of each County, after notice and hearing as may be required by law. 6. MODIFICATION AND WAIVER. No modification or waiver of this IGA or any covenant, condition or provision contained herein shall be valid unless in writing and duly executed by all parties. 7. BINDING AGREEMENT. This IGA shall be binding upon the parties hereto, the respective successors or assigns, and may not be assigned by any County without the express written consent of the other parties. 8. SEVERABILITY. If any portion of this IGA is held by a court in a final, non-appealable decision to be per se invalid or unenforceable as to either County, the entire IGA shall be tern1inated, it being the understanding and intent of both parties that every portion of the IGA is essential to and not severable from the remainder. 9. AUTHORITY TO ENTER IGA. The signatories to this IGA affirm and warrant that they are authorized to enter into and execute this IGA, and all necessary actions, notices, meetings and/or hearings pursuant to any law required to authorize its execution of this IGA have been made. 10. NO THIRD PARTY RIGHTS. This IGA does not and shall not be deemed to confer upon or grant to any third party any right enforceable at law or equity arising out of any term, covenant, or condition herein or the breach thereof. 3 11. GOVERNING LAW AND VENUE. This IGA shall be governed by the laws of Colorado. Venue and jurisdiction for any dispute arising from or out of this Agreement shall lie with the District Court in and for the Regulatory County. 12. The Board of County Commissioners for each County hereby finds, detern1ines and declares that this IGA shall be adopted and ratified by a resolution after a public hearing is held. Said resolution is necessary for the health, safety and welfare of the citizens of each County. 13. COUNTY REPRESENTATIVES. Referrals made under the terms of this IGA shall be sent to the Countyls representatives as follows: ENTITY: REPRESENT A TIVES: County of Eagle Director of Department of Community Development P.O. Box 179 Eagle, Colorado 81631 County of Summit Director of Planning P.O. Box 5660 Frisco, Colorado County of Grand Director of Planning P.O. Box 238 Hot Sulphur Springs, Colorado 80451 Name and address changes for a representative shall be made in writing, mailed to the other representative at the then current address. THIS INTERGOVERNMENTAL AGREEMENT, made and entered into is to be effective on the date first set forth above. COUNTY OF EAGLE, STATE OF C DO, By and Through Its ATTEST: nty Commissioners .. By: By: Teak J. Simonton, lerk 0 the Am M. Menconi, Chairman Board of County Commissioners 4 COUNTY OF SUMMIT, STATE OF COLORADO, By and Through A TrEST: Its Board of County C[iSSiOners ~- ~ By: ,. , By: l~-<l Ll Clerk tpftll~~Board of Co' nty Commissioners Thomas A. Long, Chairman . t ~t . ../ COUNTY OF GRAND, STATE OF COLORADO, By and Through Its ard 0 ounty CJmmissioners ATTE~~ K~ By. f . Clerk-fo tHe Boa~d of County Commissioners Qcutell(j) 5