HomeMy WebLinkAbout20030474.tiff RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR JOINT ENFORCEMENT OF
STORMWATER MANAGEMENT PROGRAMS AND AUTHORIZE CHAIR TO SIGN -
CITY OF GREELEY
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
Greeley, 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 Greeley 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 19th day of February, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
WEn
DIJNTY, COLORADO
ATTEST: �,,,, •`�
� '"tet too Eta Da ngi (AYE)
Weld County Clerk to t B.: , `'
1861 O 4t; Y DI AYE
R bed D. sden, Pro-Tem
BY:
Deputy Clerk to the �� AYE
I M. J. eile
A OV AS TO °I-1 i !G--1-P (NAY)
William H. Jerke
unty Attorney li)41�e-6 (AYE)
Glenn Vaad
Date of signature:
2003-0474
ORD #2003-2
C 0 . "yr°t�zG
INTERGOVERNMENTAL AGREEMENT FOR JOINT ENFORCEMENT OF
063 STORMWATER MANAGEMENT PROGRAMS
THIS INTERGOVERNMENTAL AGREEMENT is made and entered into this 19th day of
February , 2003,by and between the City of Greeley, a municipal corporation of the State of
Colorado, by and through its City Council, hereinafter referred to as"City," whose address is 1000
101° Street, Greeley, Colorado 80631, 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,"
whose address is 915 Tenth Street, Greeley, Colorado 80631, for the purpose of granting the City
the responsibility for and the enforcement of Stormwater Management Programs.
WITNES SETH:
WHEREAS, one of the 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 participationlmvolvement
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 Phase I and Phase II
urbanized jurisdictions may submit a joint application for a stormwater permit that specifies which
entity will perform which program areas or sections of programs, and
1111111BEEN 1111111111 illl111111III 111111111111
3042063 03/13/2003 03:45P Weld County, CO
1 of 6 R 0.00 0 0.00 Steve Moreno Clerk & Recorder 2003-0474
•
WHEREAS, a designated urbanized area of unincorporated Weld County ("Designated
Area") is either adjacent to or surrounded by the City in the same drainage basin, such area being
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 their
citizens to enter into this Intergovernmental Agreement so that the City will be responsible for and
perform 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)(1).
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND
COVENANTS CONTAINED HEREIN, THE ADEQUACY OF WHICH IS ACKNOWLEDGED
AND AGREED BY AND BETWEEN THE PARTIES, 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. To be responsible for and perform for the County all six (6) stormwater
management programs specified above in the Designated Area, except for
regulation of construction site stormwater runoff; which shall be performed
by the Weld County Building Inspection Department.
b. To enact those stormwater regulations necessary to effectuate the six (6)
stormwater management programs specified above within City's boundaries.
c. To adopt reasonable fees to recoup those expenses incurred by the City in the
course of performing the six(6)stormwater management programs specified
above within City's boundaries.
2
111111111111111111111111lit 1111 111111III11111IIIIH
3042063 03/13/2003 03:45P Weld County, CO
2 of 6 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
•
d. To serve as the County's collecting agent for the fees referred to in Paragraph
3.b., below. All proceeds from the fees shall be retained by City as full
compensation for the management ofthe programs specified in this Paragraph. --
e. To prepare and submit the application for the MS4 operations permit on
behalf of both entities. Work on the permit application process shall
commence upon signing of this Intergovernmental Agreement, and the City
shall be responsible for meeting all required Division deadlines.
f. 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.
g. That all documents created as a result of the duties performed pursuant to this -
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 identical to the City's regulations for the ease of administration and to
have consistent requirements for persons covered by such stormwater
regulations.
b. To adopt an identical stormwater fee structure as that adopted by the City to
recoup those expenses incurred by the City in the course of performing the six
(6)stormwater management programs specified above within the Designated
Area.
c. To provide,without charge to City,a listing of all properties and their owners
located within the Designated Area in order to facilitate City's billing for the
stormwater fees. 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 the MS4
operations application.
3
1111111IIIII HMI 11111 11111 1111 III11111IIII Iii
3042063 03/13/2003 03:45P Weld County, CO
3 of 6 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
•
•
e. County currently has municipal operations in the designated Greeley area. For
these current operations and any future County operations in the Greeley 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.
f. To submit to the police power and jurisdiction of the City for the limited
purpose of enforcing City rules, regulations and ordinances regarding
Stormwater Regulation and Permits.
g. To delegate the responsibility for collection of stormwater fees to the City and
authorize retention of all fees by the City as and for adequate compensation
for the City's responsibilities contained herein.
h. City is hereby delegated by County the authority to enforce and carry out the
County adopted stormwater regulations referred to in Paragraph 3.a.,below,
in order to execute and implement the six (6) stormwater management
programs within the Designated Area.
4. HOLD HARMLESS, INDEMNIFY AND DEFEND.
City hereby voluntarily agrees to hold harmless, indemnify and defend County, its
employees and officers, from any and all claims and liability, past, present or future,
for any injury or damage resulting from the acts or omissions of City occurring in the
course of the work to be performed by City pursuant to this Intergovernmental
Agreement. County hereby voluntarily agrees to hold harmless,indemnify and defend
City,its employees and officers, from any and all claims and liability, past, present or
future, for any injury or damage resulting from challenges to the acts or omissions of
County occurring in the course of the work to be performed by County pursuant to
this Intergovernmental Agreement.
5. NOTICE.
The Public Works Directors of each party to this Intergovernmental Agreement shall
be the party's contact for the purposes of this Intergovernmental Agreement.
6. SEVERABILITY.
If any term or condition ofthis 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 ofthe parties hereto.
4
1111111 III 1111lll 11111 11111 lIII 111111 III 111II III) IIII
3042063 03/1312003 03:45P Weld County, CO
4 of 6 R 0.00 0 0.00 Steve Moreno Clerk& Recorder
•
7. 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 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.
8. 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.
IN WITNESS WHEREOF,the parties hereto have signed this Intergovernmental Agreement
this day of Ninne , 2003.
THE CITY OF GREELEY COUNTY OF WELD, STATE OF
COLORADO, by and through the Board of
J � e County Commissioners of Weld County
By:
Mayor C
By:
'ATTEST e„ Chairman
r
cisy cl
'r
5
111111111111 1111111 1111111111 IIII 111111 III 11111 ENE
3042063 03/13/2003 03:45P Weld County, CO
5 of 6 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
I►tom_
APPROVED AS TO SUBSTANCE: ATTES ;to (; ��.. ;.
' 1A 1
By: 1�.. 1i By: I_-r° 1 ( ,� i ��3%Firc�c•���`.�
City ager Cler to the Bo.
APPROVED AS TO LEGAL FORM: APPROVED TO LEGAL •
CI By:
City ttomey Co y Attorne
AS TO AVAILABILITY OF FUNDS: AS TO AV ABILITY OF
By: By. l/
Finance Dire Tre
asurer
RECOMMENDED BY:
By:
Director of Public Works
DAMyDocummtalWordPq{ect1STORMWATERUGA-CowTy-F-2 12 03.wpd
6
1111111111111111111111111111IM111111 Mill !NIB
3042063 03/13/2003 03:45P Weld County, CO
6 of 6 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
THE CITY OF GREELEY, COLORADO
RESOLUTION 20 , 2003
A RESOLUTION OF THE CITY OF GREELEY COUNCIL AUTHORIZING THE
MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH WELD
COUNTY, COLORADO FOR JOINT ENFORCEMENT AND COMPLIANCE OF
STORMWATER MANAGEMENT PROGRAMS.
WHEREAS, one of the 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, Phase I of the Stormwater Regulation covers urbanized areas over 100,000
population, and Phase II covers smaller urbanized areas, and
WHEREAS, pursuant to the Division's regulations, two or more Phase I and Phase II
urbanized 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,City and County agree that it would be beneficial to both jurisdictions and their
citizens to enter into this Intergovernmental Agreement so that the City will be responsible for and
perform 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)(1); and
WHEREAS,Weld County and the City have agreed to the terms for joint enforcement and
implementation of the stormwater management programs pursuant to that Intergovernmental
Agreement attached hereto and incorporated herein as Exhibit A;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
GREELEY, COLORADO:
Section 1. The City Council hereby authorizes the Mayor to enter into the Intergovernmental
Agreement for joint enforcement and implementation ofthe Sormwater Management Programs with
Weld County,Colorado in form and substance stated in Exhibit A attached hereto and incorporated
herein by reference.
Section 2. This Resolution shall become effective immediately upon its passage,as provided
by the Greeley City Charter.
i�q
PASSED AND ADOPTED, SIGNED AND APPROVED THIS 4th day of
March , 2003.
ATTEST:
THE CITY OF GREELEY, COLORADO
L144-• �A � �W
City C1e4' Jerry Wones, Mayor
S1CA RESOLUTI\Public Works\Storn water IGA-County.wpd
1A.
Hello