HomeMy WebLinkAbout841085.tiff RESOLUTION
RE: APPROVAL OF INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF
NORTHGLENN AND COUNTY OF WELD
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 City of Northglenn has constructed a wastewater
treatment facility as part of the Northglenn/FRICO Agricultural
Reuse Project within the unincorporated area of Weld County,
Colorado,
WHEREAS, adoption of an Intergovernmental Agreement between
Weld County and the City of Northglenn is required by the United
States Environmental Protection Agency as a prerequisite for
final payment on the grant to the City of Northglenn and will
bring the project into compliance with the Larimer-Weld Council
of Government' s Clean Water Plan, and
WHEREAS, certain reservations of the staff regarding the
Agreement have been met with respect to a showing that there are
in excess of 1 ,100 acres in the FRICO system under the control of
Northglenn available for agriculture even excluding what is known
as the "Grant Farm Parcel C" and that the staffs of the City and
the County have reached an agreement to provide additional
information to the users of the FRICO system should new informa-
tion be developed during the course of operation of the facility
by means of the "Agricultural Advisory Notices, " which are listed
under paragraph 1 (b) (2) of the Intergovernmental Agreement, and
WHEREAS , it appears that a tentative agreement has been
reached between the City of Northglenn and representatives of the
Town of Frederick regarding a grant to assist in the controlling
of drainage problems within the Tri-Town area, and
WHEREAS, the Board of County Commissioners, after studying
the Intergovernmental Agreement, deems it advisable to approve
the same.
841085
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NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Intergovern-
mental Agreement between the City of Northglenn and Weld County
regarding the Northglenn wastewater treatment facility located
within the unincorporated area of Weld County be, and hereby is,
approved.
BE IT FURTHER RESOLVED by the Board that the Chairman of the
Board of County Commissioners of Weld County, Colorado, be
authorized to sign said Agreement.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 18th day of
January, A.D. , 1984 .
' BOARD OF COUNTY COMMISSIONERS
ATTEST: i i lL:,<,cd_ �; .n ,.\ 1` :'t'µo-{'J.:.,wJ WELD COUNTY, COLORADO
Weld County Clerk and Recorder
and Clerk to the Board Norman Carlson, Chairman
Y: / 4,A,—J.--- EXCUSED DATE OF SIGNING - AYE
De 'uty County—Clerk Ja ueline Johnson,� Pro-Tem
APPROVED AS TO FO 17) ��u
Gene R. Brantner
oun y tto ney /`^'/�
Chuck Carlson a ��
n T. Martin
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INTERGOVERNMENTAL AGREEMENT
THIS INTERGOVERNMENTAL AGREEMENT, made and entered into
this ;a___ day of j, n u.a. , 198Y, by and
between the CITY OF NORTHGLENN), 'a home rule city of the
State of Colorado (hereinafter "Northglenn" ) , and the BOARD
OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, a home rule
county of the State of Colorado (hereinafter "Weld County" ) .
WITNESSETH
WHEREAS, Northglenn has been designated the wastewater
management agency for the Northglenn Service Area under the
Denver Regional Council of Governments ( "DRCOG" ) Areawide
Water Quality Management Plan (208 Plan) ; and
WHEREAS, Northglenn has constructed and is currently
operating a wastewater treatment facility described as the
Bull Canal Reuse Reservoir, located within the unincorporated
area of Weld County, and has received a grant from the United
States Environmental Protection Agency (EPA) to assist it in
financing the Bull Canal Reuse Reservoir; and
WHEREAS, Northglenn will deliver treated effluent from
the Bull Canal Reuse Reservoir to farmers within Weld County
via the Bull Canal for use as irrigation water as part of
the Northglenn/FRICO Agricultural Reuse Project; and
WHEREAS, the Larimer-Weld Regional Council of Governments
(L-WRCOG) in its Areawide Water Quality Management Plan (208
Plan) has found the Northglenn/FRICO Agricultural Reuse
Project " . . .to be in accordance with the regional goals and
objectives and recommends that the project be funded. .
subject to specific requirements for the institutional approval
of the plan and certain health and environmental concerns
addressed herein; and
WHEREAS, Weld County is the designated wastewater
management agency for its unincorporated area under the
Larimer-Weld Regional Council of Governments Areawide Water
Quality Management Plan; and
WHEREAS, Weld County, as the designated wastewater
management agency for its unincorporated area, set forth in
said Areawide Water Quality Management Plan, has the
responsibility for protecting water quality within its
management area; and
WHEREAS, both Northglenn and Weld County desire to
Exhibit A
integrate the Northglenn/FRICO Agricultural Reuse Project
into the Areawide Wastewater Management Plan to minimize the
environmental effects from the operation of the treatment
facility by insuring that the facility is operated according
to the highest standards and in conformance with all applicable
operational conditions, and to establish the necessary
institutional arrangements set forth in said plan; and
WHEREAS, both Northglenn and Weld County seek to establish
an operating relationship based on mutual cooperation; and
WHEREAS, Northglenn and Weld County seek to accomplish
these objectives by means of an intergovernmental agreement
setting forth the conditions under which Northglenn will
operate its wastewater treatment facility in its role as a
management agency under the DRCOG Section 208 Water Quality
Management Plan.
NOW, THEREFORE, in consideration of the mutual promises ,
convenants and conditions set forth herein, the parties
hereto agree as follows:
1. Designation of Northglenn as an Operating Agency
in Weld County. Northglenn is hereby designated as an operating
agency within Weld County for the wastewater treatment facility
described in Exhibit A attached hereto and incorporated
herein by this reference. The conditions upon Northglenn as
an operating agency are set forth in full below.
(a) Special Use Permit. A permit for the special use
of the land and facilities set forth in Exhibit A is hereby
granted upon the terms and conditions specified by the Weld
County Planning Commission on February 20, 1979 and upon the
condition that the main access to the Special Use Permit
area shall be on Weld County Road 11 and not from Weld County
Road 2 .
(b) Grant Conditions . Northglenn shall comply with
the following conditions as an operating agency within Weld
County:
(1) No open storage, stockpiling or air drying of
sludge within the facility boundaries set forth in
Exhibit A without first applying for and securing a
permit therefore from Weld County, which permit shall
not be unreasonably withheld.
(2) Northglenn agrees to issue and reissue on an
as-needed basis based on actual experience, to all
shareholders of record in the Standley Lake Division of
FRICO who are receiving water diverted from the Bull
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Canal Reuse Reservoir, an advisory concerning the
constituents of the wastewater in the reservoir.
(3 ) Northglenn has provided Weld County with a
copy of an agricultural reuse manual developed to provide
advice to farmers of the Standley Lake Division of
FRICO on the use of treated sewage effluent for crop
irrigation, the adequacy of which is hereby acknowledged.
(4) Northglenn has completed the construction of
facilities to insure that the nonpotable water supply
for the Town of Dacono is properly disinfected to protect
public health. Weld County acknowledges that the disinfection
facilities, as constructed, are adequate for this purpose.
Northglenn agrees to operate and maintain the disinfection
facilities as long as the nonpotable water system, with
Bull Canal as a source, is in use, for the design life
of the Northglenn project.
(5) Northglenn, Weld County, on behalf of the
unincorporated area known as "Evanston, " and the Towns
of Frederick and Firestone will enter into an agreement
regarding the construction, and sharing of costs for
such construction, facilities to prevent the flow of
wastewater from adjacent agricultural lands into the
Towns of Frederick, Evanston, and Firestone. Operation
of these facilities shall be the responsibility of
Frederick, Weld County, Firestone, or a separate quasi-
municipal government, such as a special district.
Northglenn shall assume no liability thereby to any
person claiming a right to the use of said water. This
does not constitute a commitment for any expenditure by
Weld County for control of the drainage problems in the
area around Frederick, Firestone, and Evanston, but
does constitute a commitment by the County to work with
the municipalities towards solving the general drainage
problems in the area.
(6) Northglenn will maintain the monitoring program
set forth in the State NPDES Discharge Permit issued
for the Northglenn wastewater treatment facility. Said
monitoring program is agreed to be an adequate program
for monitoring to protect the public health and safety.
No action shall lie against Northglenn based on a claim
that the monitoring program is inadequate or inappropriate,
but this shall not bar a claim for actual pollution of
ground or surface waters shown by the monitoring system
or for violation of discharge permit standards. The
Weld County Health Department shall have access to the
facility for inspecting and for the Right to Enter in
the manner specified in the NPDES Discharge Permit for
State and Federal Agencies. Test procedures for the
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analysis of pollutants shall conform to regulations
published pursuant to Section 304(h) of the Clean Water
Act. Northglenn will be required to retain all records
and information resulting from the monitoring activities
including all records of analysis performed and calibration
and maintenance of instrumentation for the design life
of the project. Northglenn must submit to Weld County
copies of the monitoring reports prepared and submitted
to the State pursuant to this NPDES Discharge Permit .
(7) Northglenn agrees to take immediate action to
respond to any reasonable request made by Weld County
to remedy any adverse environmental effect resulting
from the operation of the Northglenn facility. In the
event of any emergency that poses an imminent threat to
public health or safety, Northglenn will immediately
contact the Weld County Communications Center, 1-356-
4000, and advise the Communications Center that there
is an imminent threat to the public health or safety
caused by the Northglenn Wastewater Treatment Facility.
The Communications Center shall contact either the
Director of the Weld County Health Department or
representatives of the Environmental Health Services
Unit of the Health Department, the Weld County Sheriff' s
Department, and law enforcement officials in Frederick
and Firestone. This will further be addressed by means
of a "protocol" to be arranged between Weld County
Communications and the other parties . All incidents
requiring a "special notification" to the State Health
Department, but not constituting an imminent threat to
public health or safety, shall also be reported, within
the time frames set forth in the NPDES Discharge Permit,
to the Weld County Health Department, Environmental
Health Services Unit. During business hours, this
contact can be made at 1-353-0540 with written notice
to be sent to Weld County Health Department, Environmental
Health Services Unit, 1516 Hospital Road, Greeley,
Colorado 80631.
(8) Northglenn and Weld County shall assure that
sufficient land, approximately 1, 100 acres, in the
FRICO system is under the "control" of Northglenn --
through ownership, lease, or contract -- for the purposes
of agricultural reuse. This condition is binding for
the 20-year design life of the project. The 1, 100
acres under the "control" of Northglenn are currently
zoned for agricultural use and the continued use of
these lands for agriculture using the effluent for
irrigation during the next twenty (20) years is not
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inconsistent with the Weld County Comprehensive Plan.
(9) Northglenn has developed a detailed operations
manual for the Bull Canal Reuse Reservoir facility. A
copy of the manual has been provided to the Weld County
Health Department.
(10) The Bull Canal Reuse Reservoir facility will
be monitored in accordance with the requirements of the
Colorado Department of Health.
(c) Northglenn shall enforce and comply with the terms
and conditions of the L-WRCOG 208 Plan, as approved by the
Governor and the United States EPA in 1980.
2. Rights of Northglenn as Management and Operations
Agency.
(a) Northglenn shall be the sole entity to receive and
manage federal or state grant funds still unpaid for the
construction of the wastewater treatment facility.
(b) Northglenn shall have the exclusive right, limited
only by the express provisions of this Agreement, to operate
and manage the wastewater treatment facility.
(c) Weld County hereby delegates to Northglenn, as
operating agency, any right or claim it might have as management
agency under the L-WRCOG Section 208 Water Quality Management
Plan to perform any of the above functions relative to the
Northglenn wastewater treatment facility.
(d) Weld County agrees to cooperate with Northglenn
now and in the future to secure all necessary permits, approvals,
grant awards and cooperate in any other manner to ensure the
successful and healthful operation of the Northglenn/FRICO
Agricultural Reuse Project.
(e) All permits, approvals or similar conditions of
local, state, or federal government agencies shall be applied
for by Northglenn and secured by Northglenn in its own name
and on its own behalf.
(f) Weld County shall retain all land use and zoning
authority in the area surrounding the wastewater treatment
facility set forth on Exhibit A.
(g) Northglenn shall retain all authority for the
expansion of the Bull Canal Reuse Reservoir and to approve
or disapprove all tap connections into the project interceptors
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located outside of Weld County. Northglenn shall retain all
control necessary for expansion, alteration, or modification
of the Bull Canal Reuse Reservoir.
(h) The City of Northglenn and Weld County shall share
responsibilities as Management Agencies under their respective
208 Water Quality Plans as to the construction of additional
interceptors to the facility from within Weld County to
ensure adequate planning, grant award and operation thereof.
Weld County agrees to expeditiously consider applications by
Northglenn to provide wastewater service within the County.
3. Dismissal of Pending Litigation. Northglenn and
Weld County consent in the case of Board of County Commissioners
of Weld County v. City of Northglenn (79CV431) to the withdrawal
of the judgment entered therein, and agree to dismiss with
prejudice its participation in Consolidated Ditches Co. , et
al . v. Water Quality Control Commission, et al . (81CA0901) ,
each party to pay its own costs and attorneys fees .
In addition, Weld County agrees not to prosecute any
further action arising out of the initial construction of
the Northglenn/FRICO agricultural reuse project. This section
is intended to dispose of presently existing claims and
claims arising out of presently existing circumstances , but
is not intended to preclude Weld County from pursuing any
legal action for violations of this agreement, the NPDES
Discharge Permit, or for pollution caused by the wastewater
treatment facility.
4. Titles. The titles to each paragraph herein are
illustrative only and shall not be interpreted in such a
manner as to alter the meaning of an individual paragraph or
the agreement.
5. Severability. Each provision of this agreement is
integrated with all other provisions of this Agreement and
shall remain in force and effect unless an individual paragraph
may be determined to be invalid. If any provision of this
agreement shall be deemed to be invalid the entire agreement
is null and void.
6. Venue and Interpretation. This agreement shall be
binding upon the parties hereto and their successors and
assigns . Enforcement of the terms hereof shall be an
impartial venue in the Denver District Court. This agreement
is entered into and shall be interpreted pursuant to the
provisions of Article XIV Section 18 of the Constitution of
Colorado and C . R. S. 1973, Section 29-1-203.
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IN WITNESS WHEREOF, the undersigned set forth their
hand and seals on the day and date above first written.
ATTEST: CITY OF NORTHGLENN
•6421-0,_6(1
Clerk Mayor,
i � City of Northglenn
APPROFORM:
ۇenn
00
City Attorney,
City- North
Sfrecial Counse
ATTEST: COUNTY OF WELD
i
Cl k Chairman,
hoard of County Commissioners
APP OV AS TO FORM:
i\
County Manager,
County of Weld
County Attorney,
County of Weld
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