HomeMy WebLinkAbout 15-21 Approving MOU between TOF, Weld Clerk and Recorder and Weld TreasurerRESOLUTION NO. 15-21
A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE
TOWN OF FIRESTONE, WELD COUNTY CLERK AND RECORDER & WELD COUNTY
TREASURER
WHEREAS, there has been proposed a Memorandum of Understanding ("Agreement")
between the Weld County Cleric and Recorder ("Clerk and Recorder"), Weld County Treasurer
("Treasurer"), and the Town of Firestone ("Town") to provide for an intergovernmental
agreement for the collection of Sales and/or Use tax by the Cleric and Recorder on behalf of the
Town upon the registration of motor vehicles subject to such taxes; and
WHEREAS, the Town is authorized to enter into such Agreement and fords that such
Agreement is in the best interests of the Town and its citizens;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. The proposed Memorandum of Understanding between the Clerk and
Recorder, Treasurer and the Town of Firestone ("Agreement") concerning the collection of Sales
and/or Use Tax is hereby approved in essentially the same form as the copy of such Agreement
accompanying this resolution.
Section 2. The Mayor is hereby authorized to execute the Agreement and the Mayor
is further authorized to negotiate and approve on behalf of the Town such revisions to the
Agreement as the Mayor and Town Manager determine are necessary or desirable for the
protection of the Town, so long as the essential terms and conditions of the Agreement are not
altered.
Section 3. The Town's funding of the Cleric and Recorder services to collect Sales
and/or Use tax on its behalf is subject to such budgetary and appropriations measures as are
required by state law.
INTRODUCED, READ, and ADOPTED this day of IIYVz►Zh , 2015.
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Town Clerk
TOWN OF FIRESTONE, COLORADO
Paul Sorensen
Mayor
MEMORANDUM OF UNDERSTANDING
COLLECTION OF SALES AND/OR USE TAX
BY WELD COUNTY CLERK AND RECORDER
THIS MEMORANDUM OF UNDERSTANDING ("MOU") is by and between
Carly Koppes, Weld County Clerk and Recorder (hereinafter "Clerk and Recorder"),
whose address is 1402 N. 17"' Avenue, Greeley, CO 80631; John Lefebvre, Weld
County Treasurer (hereinafter "Treasurer"), whose address is 1400 N. 17`1' Avenue,
Greeley, Colorado ; and tfbW VI n. �eSj 1L
(hereinafter "Municipality"), whose address is I �t v z �V� Q G�C�5�711� QT
WITNESSETH,
WHEREAS, Municipality charges a sales tax of % of the purchase price
upon all motor vehicle purchases that occur within the boundaries of Municipality
(hereinafter "the Sales Tax"), and
WHEREAS, Municipality charges a use tax of a. % of the purchase price
upon all motor vehicle purchased for use by Municipality's residents (hereinafter "the
Use Tax"), and
WHEREAS, Municipality desires to have Clerlc and Recorder collect the Sales
Tax and/or Use Tax from persons who are in the process of licensing them through the
Clerlc and Recorder, and
WHEREAS, the parties hereto agree to said collection of the Sales Tax and/or
Use Tax according to the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, the parties hereto agree as follows:
1. COLLECTION OF TAXES. Clerlc and Recorder shall collect the Sales
Tax and/or Use Tax upon the registration of motor vehicles subject to such
taxes. No registration or title shall be issued by the Clerk and Recorder
unless either payment of the Sales Tax and/or Use Tax is made or
evidence of exemption from such taxes is presented at the time of
registration.
2. TRANSMITTAL OF FUNDS TO MUNICIPALITY. Clerk and Recorder
shall transmit daily all funds collected to the Weld County Treasurer, who
shall transmit 95% of the funds collected to Municipality by the 15t" of the
month following the month of collection thereof; retaining 5% as payment
due for the aforementioned collection. Such retained payment shall be
submitted into County's General Fund.
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3. ENTIRE MOU. This instrument embodies the entire MOU of the parties
with respect to the subject matter hereof There are no promises, terms,
conditions, or obligations other than those contained herein; and this MOU
shall supersede all previous communications, representations, or MOUs,
either verbal or written, between the parties hereto. No modification to
this MOU shall be valid unless agreed to in writing by the parties hereto.
4. NO THIRD -PARTY ENFORCEMENT. It is expressly understood and
agreed that the enforcement of the terms and conditions of this MOU, and
all rights of action relating to such enforcement, shall be strictly reserved
to the undersigned parties and nothing in this MOU shall give or allow any
claim or right of action whatsoever by any other person not included in
this MOU. It is the express intention of the undersigned parties that any
entity other than the undersigned parties receiving services or benefits
under this MOU shall be an incidental beneficiary only.
IN WITNESS WHEREOF, the parties hereto have caused their duly authorized
officials to execute this MOU the day and year first above written.
TREASURER:
By:
John Lefebvre
Weld County Treasurer
ATTEST:
By:
Cleric
CLERK AND RECORDER:
By:
Carly Koppes, Weld County
Clerk and Recorder
MUNICIPALITY:
a
municipal corporation of the STATE OF
COLORADO
By:
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Mayor