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Home My WebLink About20051195.tiff RESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR JOINT ENFORCEMENT OF STORMWATER MANAGEMENT PROGRAMS AND AUTHORIZE CHAIR TO SIGN - CITY OF LONGMONT 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 Joint Enforcement of Stormwater Management Programs between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the City of Longmont, 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 Joint Enforcement of Stormwater Management Programs between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the City of Longmont, 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 13th day of April, A.D., 2005. BOARD OF COUNTY COMMISSIONERS kg E L.e WELD COUNTY, COLORADO kia--14 - '/Q 1861 , s � ws _-j William H. Jer Chair �� sl� ,iity Clerk to the Board "h 7 1 M. I. -ile, ro-Tem AA,,,,,,.//iya____L„,,,Deputy Clerk to the Board c&&A \ >(` Day'. E. ong I AP AST • Robert D. M- den ounty Attorney EXCUSED Glenn Vaad Date of signature: a 2005-1195 ORD #2003-2 Q0 ', Le'VG mvalr , ( IIf r--..v ON-ail-05 3i4 INTERGOVERNMENTAL AGREEMENT FOR JOINT ENFORCEMENT OF STORMWATER MANAGEMENT PROGRAMS THIS INTERGOVERNMENTAL AGREEMENT is made and entered into this day of , 2005,by and between the City of Longmont,a municipal corporation of the State of Colorado,by and through its City Council,hereinafter referred to as"City,"with offices located at 350 Kimbark Street,Longmont,Colorado 80501,and the County of Weld,State of Colorado,by and through the Board of County Commissioners of Weld County,Colorado,hereinafter referred to as "County," with offices located at 915 Tenth Street, Greeley, Colorado 80631. WITNESSETH: WHEREAS, regulations under the Federal Clean Water Act (40 CFR 122.26) ("the Stormwater Regulation") requires that stormwater discharged from certain types of facilities be authorized under stormwater permits, and WHEREAS, the goal of the Stormwater Regulation is to reduce the amount of pollutants entering streams,lakes, and rivers as a result of runoff from residential,commercial, and industrial areas, and WHEREAS, Phase I of the Stormwater Regulation covers urbanized areas over 100,000 population, and Phase II covers smaller urbanized areas, and WHEREAS, in Colorado, stormwater discharge permits are issued by the Colorado Department of Public Health and Environment, Water Quality Control Division (the "Division"), and such permits are part of the Colorado Discharge Permit System ("CDPS"),under"Regulation 61," with the Phase II municipal separate storm sewer systems ("MS4") being covered under a general permit for discharges from MS4's, and WHEREAS, pursuant to the Division's regulations, the main requirement of this general permit will be for the MS4 operator to develop and implement six stormwater management programs, or minimum measures, those being the following: 1) Public education and outreach 2) Public participation/involvement 3) Illicit discharge detection and elimination 4) Construction site stormwater runoff control 5) Post-construction stormwater management 6) Pollution prevention/good housekeeping for municipal operations, and WHEREAS,pursuant to the Division's regulations,two or more jurisdictions may submit a joint application for a stormwater permit that specifies which entity will perform which program areas or sections of programs, and WHEREAS, a designated urbanized area of unincorporated Weld County ("Designated Area") is either adjacent to or enclaves of the City in the same drainage basin, such area being 1111111 111111111111111 111111 11111 111111 III 11111 II'I 1111 3282314 05/02/2005 02:53P Weld County, CO Weldsrorm drainiga.da 3/I5/2(X)5520 PM 1 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder es-/795 depicted on the attached map which is referred to herein as "Exhibit A," and WHEREAS,City and County agree that it would be beneficial to both jurisdictions and the citizens to enter into this Intergovernmental Agreement so that the City will be responsible for and perform parts of the six (6) stormwater programs specified above in the Designated Area, and WHEREAS, such Agreements are authorized by C.R.S. § 29-1-203 and Colorado Constitution Article XIV, § 18(2)O). NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. TERM. The term of this Intergovernmental Agreement shall be from the date first written above to and until a date one(1)year thereafter,with such Intergovernmental Agreement to continue automatically for successive one (1) year periods thereafter, unless sooner terminated by either party providing one-hundred eighty(180)days prior written notice to the other party of its desire to terminate this Intergovernmental Agreement. In the event the Division requires this Intergovernmental Agreement to be in effect until a certain expiration date of the permit,then that date shall supercede the above agreed upon expiration date between the two entities. 2. CITY AGREES. a. That in the Designated Area it will be responsible for and perform for the County two (2)of the six(6)stormwater management programs specified above in the Designated Area, those being: (1) Public education and outreach, and (2) Public participation/involvement. Task numbers three (3) through six (6) shall be performed by the Weld County Building Inspection Department, the Weld County Department of Planning Services and the Weld County Attorney's Office. b. To enact those stormwater regulations necessary to effectuate the six(6)stormwater management programs specified above within City's incorporated boundaries. c. To prepare and submit the application for the MS4 operations permit on behalf of City for those areas within City's incorporated boundaries jurisdiction. d. That employees performing the duties of City,as detailed herein,shall be considered employees of City only and shall not be entitled to any salary or benefits from County. City agrees to provide Unemployment Insurance and Worker's Compensation Insurance for City employees while performing such duties. Said Unemployment Insurance and Worker's Compensation Insurance shall be in the amount of and of the type made necessary by statutory requirements pursuant to Colorado Revised Statutes. e. That all documents created as a result of the duties performed pursuant to this 1111111111111111111111111111111111111111111111111111 Weld storm drain ign doc,/I:21x15521I I'M 3282314 05/02/2005 02:53P Weld County, CO 2 of 5 R 0.00 0 0.00 Steve Moreno Clerk& Recorder Intergovernmental Agreement shall be open for inspection in accordance with the requirements of the Colorado Open Records Act, C.R.S. §§ 24-72-201, et. seq. 3. COUNTY AGREES. a. To enact and revise as necessary stormwater regulations for the Designated Area the same as the City's for the ease of administration and to have consistent requirements for persons covered by such stormwater regulations. b. To reimburse City for any costs associated with administration of this program for the parcels in the unincorporated area of Weld County. c. To provide,without charge to City,a listing of all properties and their owners located within the Designated Area. County will provide updates to the property ownership list as properties change ownership. d. To cooperate in any way required to assist City in the preparation of its MS4 operations application. e. To include the Designated Area within the stormwater permit for Weld County. f. County currently has no County operations in the Designated Area. For any future County operations in the Designated Area,County will assist and cooperate with City in any required action for the pollution prevention/good housekeeping for these municipal operations requirements under the stormwater permit. 4. NOTICE. The Public Works Director of Weld County and the City Engineer of the City of Longmont shall be the parties' respective contacts for the purposes of this Intergovernmental Agreement. 5. SEVERABILITY. If any term or condition of this Intergovernmental Agreement shall be held to be invalid,illegal,or unenforceable,this Intergovernmental Agreement shall be construed and enforced without such provision to the extent that this Intergovernmental Agreement is then capable of execution within the original intent of the parties hereto. 5. NO THIRD PARTY BENEFICIARY ENFORCEMENT. It is expressly understood and agreed that the enforcement of the terms and conditions of this Intergovernmental Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Intergovernmental Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Intergovernmental Agreement. It is the express 11111111111 IIIII 1111111111111111111111 III !HUM Iiii WCIJ storm dram ig Joc3/IM20J552(1PM 3282314 05/02/2005 02:53P Weld County, CO 3 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Intergovernmental Agreement shall be an incidental beneficiary only. 6. MODIFICATION AND BREACH. This Intergovernmental Agreement contains the entire agreement and understanding between the parties to this Intergovernmental 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 Intergovernmental Agreement shall be deemed valid or of any force or effect whatsoever, unless mutually agreed upon in writing by the undersigned parties. No breach of any term, provision, or clause of this Intergovernmental Agreement shall be deemed waived or excused,unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party hereto, or waiver of, a breach by any other party, whether express or implied, shall not constitute a consent to, waiver of, or excuse for any other different or subsequent breach. TINE EREOF,the parties hereto have signed this Intergovernmental Agreement this ay of , 2005. ATTEST: THE CITY OF LONGMONT By��f�� .4.-*• ji' { B • / Valeria Skitt, City Clbr �z_ is Pimack, Mayor ( r....t,.k APPROVED AS TO SUBST CE:'.=- APPROVED AS TO LEGAL FORM: LBy: à4aA4L By L 57 Phil Del Vecchio, Community Development es W. Rourke, Deputy City Attorney Director '��. COUNTY OF WELD,STATE OF COLORADO,b 861 `o /�'!/vG and through the Board of County Commissioners of �` Weld County G 3 —h/ai1�1�/Gx�r� : By: /CGLtG Clerk to the Board William H. Jerke, Chair APR 1 3 2005 Ca file: 4726 "`�� 11111111111111111111111111111111111111 III 111111111 IIII iga\W4 storm dram igaJrui/15/21X1552t)PM 3282314 05/02/2005 02:53P Weld County, CO 4 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder o7Gd5//ice.. — P s t ` , Urbanized Areas '91 n 1, i '3°0.. kiii; fi . . y" +,.. ,'11!r) .54•- ill, ., '� a� a7 ., .r.0•� aY- ' N > r , : '', .., , .z,'',IP: ., 1� �+a`rt.,.«...,,,.. < tit. e • r : jalifiria,rilikkl,tili' .'w �� _ � , . ..t, � per�{{ N.;......W110%;*; Vile Exhibit A N Designated Urbanized Area Near Longmont 11111111111111111111111111111111111111 III 11111 IIII IIII 3282314 05/02/2005 02:53P Weld County, CO 5 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder DEPARTMENT OF COMMUNITY DEVELOPMENT ,pi LOI PUBLIC WORKS DIVISION O 408 THIRD AVENUE • LONGMONT, CO 80501 &v."- / 303-651-8304 • FAX#303-651-8696 C.j re ,e r] irrir COLOR Ado April 6, 2005 5 E C I V IE APR O 8 n Bruce Barker, Esq. WELD COUNTY Weld County Attorney ATTORNEY'S OFFICE P.O. Box 758 Greeley, CO 80632 Dear Bruce: Attached are two original copies of the Weld County/City of Longmont NPDES IGA. Please process the document for signatures and return one original to me. If you have any questions, please feel free to contact me at 303-651-8328. ha ks. / David Hollings .rt. Storm Draina j 'sneer 2005-1195 Hello