HomeMy WebLinkAbout20020544.tiff RESOLUTION
RE: APPROVE AMENDED INTERGOVERNMENTAL AGREEMENT PURSUANT TO
SECTION 29-1-204.2, C.R.S., FOR THE CREATION OF THE SOUTHWEST WELD
DRAINAGE AUTHORITY 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 Amended Intergovernmental
Agreement, pursuant to Section 29-1-204.2, C.R.S., for the Creation of the Southwest Weld
Drainage Authority among the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, Town of Erie, Town of Firestone, Town of Frederick,
City of Dacono, City of Longmont, St. Vrain Sanitation District, Weld County Tri-Area Sanitation
District, and St. Vrain and Left Hand Water Conservancy District, with terms and conditions
being as stated in said Intergovernmental Agreement, and
WHEREAS, after review, the Board deems it advisable to approve said
Intergovernmental 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 Amended Intergovernmental Agreement, pursuant to
Section 29-1-204.2, C.R.S., for the Creation of the Southwest Weld Drainage Authority among
the County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, Town of Erie, Town of Firestone, Town of Frederick, City of Dacono, City of
Longmont, St. Vrain Sanitation District, Weld County Tri-Area Sanitation District, and St. Vrain
and Left Hand Water Conservancy District be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said amended Intergovernmental Agreement.
2002-0544
SD0102
L�L�. cin, i/slorl o/cna/ l'oU'�
AMENDED INTERGOVERNMENTAL AGREEMENT FOR CREATION OF SOUTHWEST
WELD DRAINAGE AUTHORITY
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 13th day of March A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
//�� WELD OUNTY, C LORADO
�a AYE
ATTEST: Le, �� ;�;
GI:n Vaad, Chair
�a�,, -'
Weld County Clerk to t 1 . �
Crt Cr NAY
c � David E. L g, Pro-Tem
BY:
Deputy Clerk to the B. +. AYE
M. J. eile
APPRD7S TO FOR •
�- -' 'L-2,—, �z7G: (NAY)
Ili m H Jerke
C fy Attorney (AYE)
Robert D. asden
Date of signature: -9/2/
2002-0544
SD0102
777
INTERGOVERNMENTAL AGREEMENT PURSUANT TO C.R.S. § 29-1- 204.2 FOR THE
CREATION OF THE SOUTHWEST WELD DRAINAGE AUTHORITY
THIS INTERGOVERNMENTAL AGREEMENT is made and entered into this j tj day
of y,��__ , 2002, by and between the TOWN OF ERIE, a municipal corporation of the
STATE OF COLORADO, with its principal office located at 645 Holbrook, P.O. Box 750, Erie,
CO 80516; the TOWN OF FIRESTONE, a municipal corporation of the STATE OF
COLORADO, with its principal office located at 151 Grant Avenue, P.O. Box 100, Firestone,
CO 80520; the TOWN OF FREDERICK, a municipal corporation of the STATE OF
COLORADO, with its principal office located at 401 Locust Street, P.O. Box 435, Frederick, CO
80530; the CITY OF DACONO, a municipal corporation of the STATE OF COLORADO, with
its principal office located at 512 Cherry Street, P.O. Box 186, Dacono, CO 80514; the CITY
OF LONGMONT, a municipal corporation of the STATE OF COLORADO, with its principal
office located at 350 Kimbark Street, Longmont, CO 80501; the ST. VRAIN SANITATION
DISTRICT, a special district of the STATE OF COLORADO, with its principal office located at
436 Coffman, Longmont, CO 80501; the WELD COUNTY TRI-AREA SANITATION
DISTRICT, a special district of the STATE OF COLORADO, with its principal office located at
401 Locust Street, Frederick, CO 80530; the COUNTY OF WELD, a political subdivision of
the STATE OF COLORADO, by and through the Board of County Commissioners of Weld
County, Colorado, with its offices located at 915 10th Street, Greeley, Colorado 80631; and the
ST. VRAIN AND LEFT HAND WATER CONSERVANCY DISTRICT, a water conservancy
district of the STATE OF COLORADO, with its principal office located at 9595 Nelson Road,
Longmont, Colorado 80501, all of which shall hereinafter be referred to as "Contracting Parties."
WITNESSETH:
WHEREAS, a drainage study entitled, "1-25 CORRIDOR MASTER DRAINAGE PLAN
GODDING HOLLOW AND TRI-TOWN BASINS -- SOUTH WELD COUNTY,
COLORADO,"has been presented to the Contracting Parties, which includes various
recommendations for drainage structures and facilities necessary to accommodate current and
anticipated drainage in said basins, and the Contracting Parties intend to obtain additional
studies, if necessary, to address specific drainage needs in all basins in the area to be served by
the Drainage Authority, all of which studies shall be collectively referred to herein as "the
Studies," and
WHEREAS, each of the Contracting Parties is authorized and empowered to provide
necessary drainage services to their citizens and taxpayers, to manage storm water drainage to
reduce or eliminate damage to existing or proposed water delivery systems, and/or to develop
water resources and to construct and operate works and facilities necessary and convenient for
supplying water for beneficial use, and
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WHEREAS, the parties hereto desire to implement the recommendations of the Studies
through the creation of a drainage authority, pursuant to the provisions of C.R.S. § 29-1- 204.2,
to be named the "Southwest Weld Drainage Authority,"with such drainage authority to have all
of the powers and duties described in such statute, and
WHEREAS, this Intergovernmental Agreement will serve a public purpose and will
promote the health, safety, prosperity, security and general welfare of the citizens and taxpayers
of the Contracting Parties and of the State of Colorado, and
WHEREAS, the Contracting Parties intend for this Agreement to act as the contract
document required by such statute.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. EFFECTIVE DATE AND TERM: This Agreement shall become effective as of
the date set forth above. The term of this Agreement shall be for(10) years from
said effective date and this Agreement shall automatically renew for additional
ten (10) year terms, unless terminated by a written notice duly executed by each of
the Contracting Parties, one hundred and eighty (180) days prior to the
anniversary of the effective date; provided, however, that this Agreement may not
in any event be terminated or rescinded, so long as the Authority has bonds, notes
or other obligations outstanding, unless provision for full payment of such
obligations, by escrow or otherwise, has been made pursuant to the terms of such
obligation.
2. CREATION OF THE DRAINAGE AUTHORITY AND PURPOSES: By and
through the authority granted through C.R.S. § 29-1- 204.2, the Contracting
Parties hereby create a drainage authority, to be known as "the Southwest Weld
Drainage Authority" ("Drainage Authority"). The purposes of the Drainage
Authority shall be to provide adequate drainage facilities and appurtenances to
serve the area described in the attached Exhibit"A" and shown in the attached
Exhibit "B"; to own, operate and maintain such facilities and appurtenances once
they are constructed; and to implement the recommendations set forth in the
Studies.
3. SERVICES AND FUNCTIONS OF THE DRAINAGE AUTHORITY: The
Drainage Authority shall provide the following services and functions with
respect to the area described in the attached Exhibit "A" and shown in the
attached Exhibit"B":
a. Acquiring, constructing, owning, reconstructing, improving, rehabilitating,
repairing, managing, operating, and maintaining, by way of illustration and
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not by limitation, such facilities and systems deemed necessary to provide
drainage to the Contracting Parties and their citizens, together with any
and all appurtenances thereto or interests therein. As used in this
Agreement, the term "drainage facilities"may include facilities, structures
and appurtenances designed to deliver or divert storm water for the
beneficial use thereof.
b. Reviewing plans and other documents of developments occurring within
the jurisdictional boundaries of the Drainage Authority for the purpose of
commenting on the same with respect to whether or not they comply with
the agreed upon standards referred to in paragraph 6, below.
c. Providing such other services or functions as may be authorized by law
and determined by the Drainage Authority Board of Directors to be in the
best interests of the Contracting Parties and their citizens.
4. POWERS OF THE DRAINAGE AUTHORITY: To enable the Drainage
Authority to carry out its functions and provide the services and functions de-
scribed in paragraph 3, above, the Authority shall have the following powers:
a. To develop drainage systems and facilities in whole or in part, for the
benefit of the citizens of the Contracting Parties or others at the discretion
of the Board of Directors within the area set forth in Exhibit A and shown
in Exhibit B, subject to fulfilling the terms and conditions of this
Agreement.
b. To acquire, hold, lease (as lessor or lessee), sell or otherwise dispose of
any legal or equitable interest in real or personal property utilized for the
purposes of drainage.
c. To conduct its business and affairs for the benefit of the citizens of the
Contracting Parties hereto, and others, at the discretion of the Authority's
Board of Directors, in the area described in Exhibit A and shown in
Exhibit B.
d. To enter into, make and perform contracts of every kind with other local
governmental entities, the State of Colorado, or any political subdivision
thereof, the United States or any political subdivision thereof, and any
individual, firm, association, partnership, corporation or any other
organization of any kind.
e. To employ agents, including but not limited to, engineers, attorneys,
auditors, accountants, architects and consultants, and employees.
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f. To incur debts, liabilities or obligations to the extent and in the manner
permitted by law, and borrow money and, from time to time, to make,
accept, endorse, execute and deliver bonds, notes and other obligations of
the Drainage Authority for monies borrowed; or in payment for property
acquired, or for any of the other purposes, services or functions of the
Drainage Authority as provided by law; and to the extent permitted by law,
to secure the payment of any such obligations by mortgage, pledge, deed,
indenture, agreement or other collateral instrument, or by other lien upon
or assignment of all or any part of the properties, rights, assets, contracts,
easements, revenues and privileges of the Drainage Authority.
g. To own, operate and maintain real and personal property and facilities in
common with others, and to conduct joint, partnership, cooperative or
other operations with others, and to exercise all powers granted herein in
joint, partnership or cooperative efforts and operations with others.
h. To condemn property for public use for the purpose of drainage, provided
such property is not owned by any public utility and devoted to public use
pursuant to State authority.
To sue, and to be sued, in its own name.
j. To have and use a corporate seal.
k. To fix, maintain and revise fees, rates and charges for all drainage
functions, services or facilities provided by the Drainage Authority; such
rates and charges, including differential rates and charges according to the
benefit received, to be in such amount or amounts as necessary to provide
for the acquisition or development of drainage facilities and
appurtenances, the operation and maintenance of such facilities and
appurtenances, debt service and reserves, capital improvements and other
obligations and expenses of the Drainage Authority.
k.l Pursuant to the authority granted in paragraph 4.k. above and as an
initial condition of imposing any rate, fee or charge to provide for
the acquisition or development of drainage facilities and
appurtenances, debt services or reserve, or capital improvement
and shall limit the imposition of any rate, fee or charge to the area
or persons to be so benefitted.
1. To adopt, by resolution, regulations respecting the exercise of the Drainage
Authority's powers and the carrying out of its purposes.
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m. To receive contributions, gifts, bequests or other grants of cash, equipment
or services from the Contracting Parties or other entities, individuals, or
political subdivisions.
n. To provide for the rehabilitation of any surfaces adversely affected by the
construction of drainage facilities or systems through the rehabilitation of
plant cover, soil stability, and other measures appropriate to the
subsequent and beneficial use of such lands.
o. To justly indemnify property owners or others affected for any losses or
damages incurred, caused by, or which result from, actions of the Drainage
Authority.
P. In general, to exercise all powers which are now, or hereinafter may be,
conferred by law upon a drainage authority organized pursuant to C.R.S. §
29-1-204.2, or necessary, incidental, convenient or conducive to the
attainment of the Drainage Authority's purposes and provision of its
functions, services and facilities, subject to such limitations as are, or may
be, prescribed by law.
q. To obtain insurances in amounts as determined by the Board of Directors.
5. BOARD OF DIRECTORS AND OFFICERS OF THE DRAINAGE
AUTHORITY: The governing body of the Drainage Authority shall be a board of
directors which shall consist of nine (9) members, with one member to be
appointed by each Contracting Party. While not mandatory, the Contracting
Parties reaffirm the desirability that each Contracting Party appoint, to the extent
practicable, an elected official to serve as that Contracting Party's member on the
Authority's Board of Directors. Each Contracting Party's appointment to the
Authority's Board of Directors shall not be effective until the appointing
Contracting Party has duly adopted and delivered to the Authority a written
Resolution stating the name, address and telephone number of such Contracting
Party's appointee and reciting that said appointee has the authority to vote for and
on behalf of the Contracting Party and to represent the Contracting Party in
connection with all matters that may come before the Authority's Board of
Directors from time to time.
a. Each Director shall be entitled to cast one (1) vote. Voting shall be by
majority of a quorum present, except for a vote to add additional
Contracting Parties and the approval of the major projects undertaken by
the Drainage Authority, which shall be subject to the voting requirements
set forth elsewhere in this Agreement and in the By-Laws as approved by
the Authority's Board of Directors.
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b. Each director shall be appointed for a three year term, and may serve for
up to two consecutive terms. Terms of the directors shall be staggered to
provide for the completion of at least two terms on a yearly basis. For this
purpose, the Contracting Parties agree that the initial appointees of St.
Vrain and Left Hand Water Conservancy District and Mead shall serve for
one-year terms; that the initial appointees of Weld County, Erie, Longmont
and Dacono shall serve two-year terms; and the remaining initial
appointees shall serve three-year terms. The initial terms are to begin as of
the effective date of this Agreement.
c. Vacancies in any director position shall be filled for the remainder of the
term by the Contracting Party entitled to appoint such director.
d. Directors shall serve with compensation set for the initial terms at the rate
of$100 per month for attending regularly scheduled Board meetings, with
the rate of compensation for terms thereafter being set by the board of
directors.
e. Officers of the Drainage Authority shall consist of a Chairperson, Vice-
chairperson, and Secretary-treasurer, to be elected by the board of directors
on a yearly basis.
f. The board of directors, from time to time, may provide, by unanimous
resolution of all the directors, for the time and place of holding regular
meetings without notice to the directors, other than through such
resolution.
g. Special meetings of the board of directors may be called by the
Chairperson or any two directors, and it shall thereupon be the duty of the
secretary-treasurer to cause notice of such meeting to be given as
hereinafter provided. Special meetings of the board of directors shall be
held at such time and place as shall be fixed by the Chairperson or director
calling the meeting. Written notice of any special meeting of the board of
directors shall be delivered to each director not less than three (3) days
before the date fixed for such meeting, either personally or by mail, by or
at the direction of the secretary-treasurer, or upon his default, by the
person calling the meeting. If mailed, such notice shall be deemed to be
delivered when deposited in the United States mail, addressed to the
director at his address as it appears on the records of the Drainage
Authority, with postage thereon prepaid.
h. A quorum of the board of directors shall consist of six (6) members.
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i. The duties of the board of directors shall be the following:
• To govern the business and affairs of the Drainage Authority.
• To exercise all powers of the Drainage Authority.
• To comply with the provisions of C.R.S. § 29-1-204.2 and any
other applicable State law.
• To adopt a budget and a fiscal resolution which complies with
statutory and other restrictions imposed by law on the affairs of the
Drainage Authority.
• To govern the financial transactions of the Drainage Authority,
including the receipt, custody and disbursement of its funds,
securities and other assets.
• To provide for the services of a firm of independent certified
public accountants to examine, at least annually, the financial
records and accounts of the Drainage Authority, and to report
thereupon to the board of directors.
• To keep records of the Drainage Authority's proceedings.
• To adopt such by-laws as appropriate for the conduct of its
business not in conflict herewith.
6. AGREEMENT UPON STANDARDS: The Contracting Parties shall meet and
agree upon a set of drainage standards to apply within the area to be served by the
Drainage Authority. Each Contracting Party shall require new development
located within its jurisdictional boundaries to comply with such standards to the
extent such Contracting Party has authority over such matters. The Drainage
Authority shall apply and enforce such agreed-upon standards within the area if
such standards are not otherwise enforced through zoning, subdivision, or other
enforcement mechanism of the Contracting Parties. If a Contracting Party's
drainage standards are more restrictive than those agreed upon as provided herein,
and such Contacting Party desires to apply the more restrictive standards within
the boundaries of its jurisdiction, then the more restrictive standards shall apply.
7. ASSETS HELD IN TRUST: All assets and properties of the Drainage Authority
shall be held in trust by the Drainage Authority for the purposes herein mentioned,
including the payment of liabilities of the Drainage Authority.
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8. ADDING OR DELETING PARTIES: No party may be added to this contract as a
Contracting Party without the two-thirds (2/3) consent of the Contracting Parties
authorized by a written document formally approved by the governing body of
each Contracting Party. A party added as a Contracting Party shall be subject to
such terms and conditions as the board of directors, in its sole discretion, may
determine; provided, however, that a new Contracting Party may be assessed a
capital investment fee to cover its pro rata share of the costs of those capital assets
previously purchased or constructed by the Drainage Authority for joint use by all
Contracting Parties. A Contracting Party may withdraw from this Agreement by
written document authorized by the governing body of such Contracting Party,
which shall be presented to the Authority. Such withdrawal may only occur upon
a two-thirds (2/3) vote of the entire membership of the Authority's Board of
Directors.
Upon approval of the withdrawal , the Authority shall exclude the withdrawing
Contracting Party's territorial boundaries from the boundaries of the Authority
effective upon the date of approval of the withdrawal , except that the territory of
any withdrawing Contracting Party overlapped in whole or in part by the territory
of any other Contracting Party ("Overlapping Contracting Party") that is not or
has not withdrawn from this Agreement, shall not, as to the area of overlap, be
excluded from the Authority's boundaries without the express written consent of
the Overlapping Contracting Party.
All property and persons located within territory excluded from the Authority's
boundaries shall thereafter be subject to the revenue raising and other powers of
the Authority only to the extent required to comply with agreements with the
holders of bonds outstanding at the time of the exclusion or as is necessary to
recover such territory's fair share of costs of continued operations and
maintenance for drainage improvements built prior to the Contracting Party's
effective date of withdrawal, or of the costs actually incurred by the Authority
prior to the date of exclusion.
9. DISTRIBUTION ON TERMINATION: In the event of the recission or
termination of this Agreement and the dissolution of the Drainage Authority, all of
the assets of the Drainage Authority shall immediately vest in the Contracting
Parties, subject to any outstanding liens, mortgages or other pledges of such
assets. The interests in the general assets of the Drainage Authority shall rest
equally in each Contracting Party; provided, however, that the Contracting Parties
may otherwise provide, by unanimous agreement, for disposition of any and all
interests of the Drainage Authority to any successors to the Drainage Authority, or
for any alternative disposition among the Contracting Parties.
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10. EXECUTION OF CONTRACTS: Except as otherwise provided by law,
the board of directors may authorize any officer or officers, agent or agents, to
enter into any contract, or execute and deliver any instrument in the name and on
behalf of the Drainage Authority.
11. NEGOTIABLE INSTRUMENTS: All checks, drafts or other orders for payment
of money and all notes, bonds, or other evidences of indebtedness issued in the
name of the Drainage Authority shall be signed by such officer or officers, agent
or agents, employee or employees of the Drainage Authority, and in such manner
as, from time to time, shall be determined by resolution of the board of directors.
12. DEPOSITS: All funds of the Drainage Authority shall be deposited, from time to
time, to the credit of the Drainage Authority, pursuant to law, in such bank or
banks as the board of directors may select.
13. FISCAL YEARS: The fiscal year of the Drainage Authority shall be the calendar
year.
14. PRINCIPAL PLACE OF BUSINESS: The principal place of business of the
Drainage Authority shall be established by the board of directors. Annually, on or
before the 1st day of February of each year, and within thirty (30) days following
any change, the Drainage Authority shall file with the Division of Local
Government the name of agent for service of process on the Drainage Authority,
and the address of the principal place of business of the Drainage Authority.
15. POLITICAL SUBDIVISION: Pursuant to C.R.S. Section 29-1-204.2(4), the
Drainage Authority shall be a political subdivision and public corporation of the
State, separate from the Contracting Parties. It shall have the duties, privileges,
immunities, rights, liabilities and disabilities of a public body politic and
corporate. The provisions of Article 10.5 and Article 47 of Title 11, C.R.S., as
amended, shall apply to monies of the Drainage Authority.
16. DEBT NOT THAT OF CONTRACTING PARTIES: Pursuant to C. R.S. Section
29-1-204.2(5), the bonds, notes and other obligations of the Drainage Authority
shall not be the debts, liabilities or obligations of the Contracting Parties or parties
which may be future Contracting Parties.
17. ENTIRE AGREEMENT/MODIFICATION: This Agreement contains the entire
agreement and understanding between the parties to this Agreement and
supersedes any other agreements concerning the subject matter of this transaction,
whether oral or written. No modification, amendment, novation, renewal, or other
alteration of or to this Agreement shall be deemed valid or of any force or effect
whatsoever, unless stated in a writing duly authorized and executed by all of the
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Contracting Parties.
18. NO THIRD PARTY BENEFICIARY ENFORCEMENT: It is expressly
understood and agreed that enforcement of the terms and conditions of this
Agreement, and all rights of action relating to such enforcement, shall be strictly
reserved to the Contracting Parties, and nothing contained in this Agreement shall
give or allow any claim or right of action whatsoever by any other person or entity
not a party to this Agreement. It is the express intention of the Contracting
Parties that any person or entity other than the undersigned parties receiving
services or benefits under this Agreement shall be deemed an incidental
beneficiary only.
19. NO WAIVER OF IMMUNITY: No portion of this Agreement shall be deemed to
constitute a waiver of any immunities the parties or their officers or employees
may possess, nor shall any portion of this Agreement be deemed to have created a
duty of care which did not previously exist with respect to any person not a party
to this Agreement. The parties hereto acknowledge and agree that no part of this
Agreement is intended to circumvent or replace such immunities.
20. NOTICES: Any formal notice, demand or request provided for in this Agreement
shall be in writing and shall be deemed properly served, given or made if
delivered in person or sent by registered or certified mail, postage prepaid to the
Contracting Parties at the addresses as set forth above, unless another address is
certified to the Authority.
21. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon and
inure to the benefit of and be enforceable by the successors, assigns and legal
representatives of the parties hereto.
22. SEVERABILITY: In the event that any of the terms, covenants or conditions of
this Agreement or their application shall be held invalid as to any person,
corporation or circumstance of any court having competent jurisdiction, the
remainder of this Agreement, and the application in effect of its terms, covenants
or conditions to such persons, corporations or circumstances shall not be affected
thereby.
23. ORIGINAL COUNTERPARTS: This Agreement may be executed in
counterparts, each of which will be an original, but all of which together shall
constitute one and the same instrument.
24. DRAINAGE AUTHORITY AS ENTERPRISE: The Contracting Parties intend
that:
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a. The Drainage Authority be established and operated solely as a"water
activity enterprise"within the meaning of the Title 37, Article 45.1,
C.R.S., and in addition, that said Drainage Authority constitute a
government-owned business which is authorized to issue its own revenue
bonds and which receives under 10% of annual revenue in grants from all
Colorado state and local governments combined, all within the meaning of
Article X, Section 20 of the Colorado Constitution.
b. The Drainage Authority have no authority or power to levy a tax.
c. The Drainage Authority shall be established and continually maintained as
an"enterprise"within the meaning of Article X, Section 20 of the
Colorado Constitution and as a"water activity enterprise"within the
meaning of Title 37, Article 45.1, C.R.S.
25. COOPERATION WITH CONTRACTING PARTIES. In providing the services
and facilities described in Paragraph 3 above and in exercising any of the powers
enumerated in Paragraph 4 above, the Board of Directors of the Drainage
Authority shall work cooperatively and in good faith with each of the Contracting
Parties.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the date first
written above.
ATTEST: T � 2D i'• f ft , ,1 COUNTY OF WELD, a political
CLERK TO THE O ir `' , j,} S\subdivision of the STATE OF COLORADO
COUNTY COMMISSIO kit R` '�`�''I ism� ,� SIWeit
Its
By:j t: j4. -�/..4:' Vt & By: �
lir
Deputy Clerk to the Boarl%! / � Glenn Vaad, Chairman, Board of
County Commissioners of the County of
Weld (03P-342002-)
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4,�ST ONE.
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ATTEST: c AL tiT OF FIRESTONE, a municipal
• 5 ec oration of the STATE OF COLORADO
//� J
BY: Olken l lgte/ Selo By
Cheri Andersen, Town Clerk Rick Patterson, Mayor
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STET 'f.'s; TOWN OF FREDERICK, a municipal
corporation of the STATE OF COLORADO
cti
4 `t. .; nano 9) Akt; a \1e ' rry, Town erk Edward Tagliente, ay�
Page 13
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ATTEST: ST. VRAIN SANITATION DISTRICT, a
special district of the STATE OF
COLORADO
By: By: N p o1 C �.—
Ma Peterson, District Administrator Wallace Grant, President
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IN,
Page N.
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Al FLU: WELD COUNTY TRI-AREA SANITATION
DISTRICT, a special district of the STATE OF
COLORADO
By: 5, ee-LJ By: C9�8 .
Gayle , District Secretary Anthony E. norato, Jr., Presi
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15 a 22 81209102000 p 01_0 J.A. "Saki' Tsuke untyamo 1Page 15
ATTEST: CITY OF DACONO, a municipal
corporation of the STATE OF COLORADO
By: �II Elliott,
t J e I L, By:
Nancy CityEllio_tt,` Clerk Wade Carlson, Mayor
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Page 16
ATTEST: TOWN OF ERIE, a municipal
corporation of the STATE OF COLORADO
B • �...- ` \taA+
O •
1' in Salas, Town Clerk �'\••"•'F..')> om VanLone, Ma
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Page 17
ATTEST: ST. VRAIN AND LEFT HAND WATER
CONSERVANCY DISTRICT, a water
conservancy district of the STATE OF
COLORADO f�
By: _ )��t. G�c �� 2J ), c By: (f_,ew�2o-yt/
Patty Jones, District Secr4 Vernon Peppier, Preside t
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Page 18
ATTEST: CITY OF LONGMONT, a municipal
�^ 1 A corporation of the STATE OF COLORADO
BY: \7 t � By:
Valeria Skitt, City Clerk i. 'irnack, Mayor
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County CO
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M:\W PFILES\AGREE\ClcanDrainageRwpd
Page 19
Exhibit A
Southwest Weld Drainage Authority
Boundary Description
Beginning at a point on the west quarter corner of Section 30,T2N,R68W of the 6th Meridian,
Then north 3 miles to the boundary of the City of Longmont,
Then following the eastern boundary of the City of Longmont around Sandstone Ranch to the NE cor. of
the SW ''A of Section 6,T2N,R68W,
Then west to the south quarter corner of section 6,T2N,R68W,
Then north .25 miles,
Then northeast to the edge of Union Reservoir,
Then northwest along the edge of Union Reservoir to a point on the western most edge of Union Reservoir
in Section 31,T2N,R68W,
Then northwest to a point on the west line of Section 31,T2N,R68W.2 miles south of the NW corner of
Section 31,T2N,R68W,
Then north.5 miles,
Then north northeast to the north quarter corner of Section 19,T3N,R68W,
Then north northwesterly along the ridgeline through the west half of Section 18 to the top of the ridge on
the west line of Section 7,T3N,R68W .35 miles north of the SW corner of Section 7,T3N,R68W,
Then north northeast to a high point on the north line of the SW ''A of said Section 7, .2 miles east of the
west line of said Section 7,
Then following the ridgeline east southeast to the northeast corner of Mead Reservoir,
Then following the ridgeline southeast through Section 16,T3N,R68W,to a point.05 miles east of the
west line of Section 22,T3N,R68W and.2 miles south of the north line of said Section 22,
Then south to a point on the ''A section line of said Section 22.05 miles east of the west section line of said
Section 22.
Then around the south end of Mulligan Reservoir to a point.2 miles west of the east line of Section 22 and
.45 miles north of the south line of said Section 22,
Then east northeast to a point on the east-west '/<section line of Section 23, ,T3N,R68W .2 miles east of
the west line of said Section 23,
Then east along the center section line of Sections 23 and 24 to a point.15 miles west of the east line of
Section 24,T3N, R68W,
Then north .04 miles,
Then northeast to a point on the east line of Section 24 .35 miles south of the north line of said Section 24,
Then east southeast.1 miles,
Then east northeasterly to a point.65 miles west of the east line of Section 19,T3N,R67W,and.3 miles
south of the north line of said Section 19,
Then east northeasterly to a point.45 miles west of the east line of Section 19,T3N,R67W,and.2 miles
south of the north line of said Section 19,
Then easterly to a point.4 miles east of the west line of Section 20,T3N,R67W and.2 miles south of the
north line of said Section 20,
Then north northeast to the NE cor of the NW ''A of Section 20,T3N,R67W,
Then east to the NE cor of the NW ''A of Section 22,T3N,R67W,
Then south southeast to a point in said Section 22, .4 miles south of the north line of said Section 22 and .2
miles east of the west line of the east '/of said Section 22,
Then southeasterly to a high point near the SE cor of the NE 1/4 of said Section 22,
Then southwest.2 miles,
Then southerly along the ridge line through the east '/3 of Section 27,T3N,R67W, through the east '/:of
Section 34,T3N,R67W,to a point on the north line of Section 3, T2N,R67W, .15 miles west of the east
line of said Section 3,
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Then diagonally, southwesterly across said Section 3 following the ridge line to a high point in Section 9,
T2N,R67W. .25 miles south of the north line of said Section 9 and .15 miles west of the east line of said
Section 9,
Then southeast to the Coalridge Ditch, .1 miles east of the west line of Section 10,T2N, R67W,
Then south southwesterly along the ridge line to a high point in Section 16,T2N,R67W, .3 miles south of
the north line and.2 miles west of the east line of said Section 16,
Then south southeast to a point on the east line of said Section 16, .3 miles north of the south line of said
Section 16,
Then south southwesterly along the ridge line through Section 21,T2N,R67W,to a point in Section 28,
T2N,R67W, .05 miles east of the center of said Section 28,
Then southwesterly along the ridge line through the NW '/ of Section 33,T2N, R67W, through the east 'h
of Section 32 T2N,R67W, to a point on the south line of said Section 32, 100 feet west of the SE comer
of the SW '/ of said Section 32,
Then southwesterly along the ridge line through the east 'V2 of Section 5,TIN,R67W, through the south 1/2
of Section 6, through the NE '/ of Section 7,TIN,R67W, to a high point in Section 12,TIN,R68W, .4
miles north of the south line of said Section 12 and .2 miles west of the east line of said Section 12,
Then southwest to the Stanley Ditch,
Then following the Stanley Ditch to its intersection with the south line of Section 14, ,T1N,R68W,
Then west southwest to a point on the west line of Section 23,,TIN,R68W, .2 miles south of the north
line of said Section 23,
Then east along the ridge line .62 miles,
Then west southwest.22 miles,
Then west to a point on the west line of Section 22, ,TIN,R68W, .4 miles south of the north line of said
Section 22,
Then west.2 miles,
Then west northwest.2 miles,
Then north northwest to a point on the north line of Section 21, ,TIN,R68W, 100 feet east of the center
section line,
Then north northwest 300 feet,
Then northwest to a point on the east-west center section line of Section 16, , TIN,R68W, .1 miles east of
the west line of said Section 16,
Then north northeast.4 miles,
Then west northwest to the NW cor of Section 16, ,TIN,R68W,
Then north .4 miles,
Then north northwest through the NE '/a of Section 8, ,TIN,R68W, to the high point in Section 5, ,TIN,
R68W,located in the SE Y of the NW '/ of Section 5, ,TIN,R68W,
Then northwest to a point in Section 31,T2N,R68W, .4 miles north of the south line of said Section 31,
and.2 miles west of the east line of said Section 31,
Then west northwest to the southeast bank of Boulder Creek,
Then along the southeast bank of Boulder Creek to its intersection with the east line of Section 31, ,T2N,
R68W,
Then north to the NE corner of said Section 31,
Then west 1 mile to the point of beginning.
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Southwest Weld Drainage Authority
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EXHIBIT "B" 1111111111111111111 III 111111 1111 1111 III 1111111 111111
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a WELD COUNTY ATTORNEY'S OFFICE
915 TENTH STREET
32 6 P.O. BOX
GREELEY,P.O COX 632
758
WEBSITE: www.co.weld.co.us
PHONE: (970) 336-7235
C. FAX: (970) 352-0242
COLORADO March 21, 2002
Terri Lynn
Tri-Area Sanitation District
401 Locust Street
Frederick, CO 80530
Re: Originals of Exhibits "A" and "B"
Dear Terri Lynn:
Enclosed are nine originals of Exhibits "A" and "B" for the Intergovernmental Agreement
Pursuant to C.R.S. § 29-1- 204.2 for the Creation of the Southwest Weld Drainage Authority.
They are for each jurisdiction who may attend our next meeting on March 27, 2002.
Glenn Vaad and I met with the Board of Trustees for the Town of Mead on Monday, March 11,
2002. Although the Town Board expressed some interest, it appears the Town will not be one of
the signers on March 27, 2002. Therefore, I have enclosed only nine of the original sets of
exhibits.
Please feel free to call me at (970) 356-4000, extension 4390, or contact me by e-mail at
bbarkeric-eco.weld.co.us if you have any questions or comments regarding this letter or the
enclosed.
7
Sincerel
.�' y Gf-2„
ru-ce T. Barker
Weld County Attorney
Enclosures
pc: Glenn Vaad
Clerk to the Board
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