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Home My WebLink About20030638.tiff RESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR JOINT ENFORCEMENT OF STORMWATER MANAGEMENT PROGRAMS AND AUTHORIZE CHAIR TO SIGN - TOWN OF ERIE 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 Town of Erie, 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 Town of Erie 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 10th day of March, A.D., 2003. BOARD OF COUNTY COMMISSIONERS W COU TY, COL RADO ATTEST: �'� ��I << . Las (AYE) Da d E. Long, C it � Weld County Clerk to t(r g E C D AT OF SI NING (AYE) I Robert D. sden, Pro-Tem BY: Deputy Clerk to the Board %/l� L �J (AYE) M. J.ile APPROV AS TO FORM: t1 ( (NAY) William H. Jerke 7 -(76ttorne 4,A1/ (,- 4, (AYE) Glenn Vaad --- Date of signature: 20 2003-0638 e o GL FR/&- ORD #2003-2 INTERGOVERNMENTAL AGREEMENT FOR JOINT ENFORCEMENT OF 066 STORMWATER MANAGEMENT PROGRAMS THIS INTERGOVERNMENTAL AGREEMENT is made and entered into this it,l1- day of , 2003, by and between the Town of Erie, a municipal corporation of the State of Colorado,by and through its Town Board of Trustees,hereinafter referred to as"Town,"with offices located at 645 Holbrook,Erie,Colorado 80516,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 1111111 11111 1111111 11111111111111 111111 III 11111 IIII IIII 3046066 03/27/2003 02:33P Weld County, CO 1 of 6 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2003-0638 WHEREAS, a designated urbanized area of unincorporated Weld County ("Designated Area") is either adjacent to or exists as enclaves of the Town in the same drainage basin, such area being depicted on the attached map which is referred to herein as "Exhibit A," and WHEREAS,Town and County agree that it would be beneficial to both jurisdictions and the citizens to enter into this Intergovernmental Agreement so that the Town will be responsible for and perform stormwater programs one(1),two(2)and three(3)specified above in the Designated Area, County will perform stormwater programs four(4),five(5)and six(6)within unincorporated Weld County, 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 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. TOWN AGREES. a. To be responsible for and perform for the County the three (3) stormwater management programs specified above in the Designated Area, Town 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 three (3) stormwater management programs within the Designated Area. b. To enact those stormwater regulations necessary to effectuate the three (3) stormwater management programs specified above within Town's boundaries. c. To adopt reasonable fees to recoup those expenses incurred by the Town in the course of performing the three(3)stormwater management programs specified above within Town's boundaries. 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 Town as full compensation for Page 2 of 5 Pages 1111111 11111 111111111111111111111111111 111 11111 IIII 1111 3046066 03/27/2003 02:33P Weld County, CO 2 of 6 R 0.00 D 0.00 Steve Moreno Clerk& Recorder the management of the programs specified in Paragraph 3, herein. 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 Town shall be responsible for meeting all required Division deadlines. f That employees performing the duties of Town, as detailed herein, shall be considered employees of Town only and shall not be entitled to any salary or benefits from County. Town agrees to provide Unemployment Insurance and Worker's Compensation Insurance for Town 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, ct. seq. 3. COUNTY AGREES. a. To enact and revise as necessary stormwater regulations for the Designated Area the same as the Town's for the ease of administration and to have consistent requirements for persons covered by such stormwater regulations. b. To adopt and revise as necessary the same stormwater fee structure as that adopted by the Town to recoup those expenses incurred by the Town in the course of performing the three (3) stormwater management programs specified above within the Designated Area. c. To provide, without charge to Town, a listing of all properties and their owners located within the Designated Area in order to facilitate Town'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 Town in the preparation of the MS4 operations application. e. County currently has only two modular classrooms in the designated Evans area. For these current operations and any future County operations in the Evans area,County will assist and cooperate with Town in any required action for the pollution prevention/good housekeeping for these municipal operations requirements under the stormwater permit. Page 3 of 5 Pages 111111111111111111111111111111111111111111111111 3046066 03/27/2003 02:33P Weld County, CO 3 of 6 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 4. HOLD HARMLESS, INDEMNIFY AND DEFEND. Town 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 Town occurring in the course of the work to be performed by Town pursuant to this Intergovernmental Agreement. County hereby voluntarily agrees to hold harmless,indemnify and defend Town,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 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. 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 Mantes 'Lax;v 11g scsbiccs of benefits ui;ki 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, amendmentnovation,renewal,or of or to this c...�., other alteration Intergovernmental Agreement shall be deemed valid or of any force or effect whatsoever, unless mutually aareed upon in writing by the undersigned parties No breach of any term, provision, or Hal,tze or this Intergovernmental Agreement shall be deemed waived or excused, unless such waiver or Page 4 of 5 Pages 1111111 11111 111111111111111111111111111 111 111111I11111I 3046066 03/27/2003 02:33P Weld County, CO 4 of 6 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 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 (LUday of 111E,, c f_ , 2003. ATTEST: THE T WN OF EM BY: I G .,1cit 1 . U (it:t, . ) By: A nt1r1/J Terry Andrews, Town Clerk Barbara Connors, Mayor APPR VED AS T SUBSTANCE: APPROVED AS TO LEGAL FORM: C. By: r By: \ 4—LO Mi N. Acimovic, Town Administrator M R. Shap. , wn Attorney ATTEST: COUNTY OF WELD, STATE OF COLORADO, by and through the Board of r -+ County Commissioners of Weld County Eihtb (Cm. By: u / l.11 1� �� %I n��. � By: Clerk to the Bo. d 11861 l( s�O f♦� David E. Long, Charon M:\Wpfiles\AGREF\EntStormwaterl wpd �, fiq' Page 5 of 5 Pages 111111111111111111111111111111II1111111 III 11111 IIII IIII 3046066 03/27/2003 02:33P Weld County, CO 5 of 6 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 3_O638 A Storm Water Phase II - Erie EPA Urban Area a z I •♦ C- a ;• i. E. I ii t �•► •• • • I .•♦♦ r •i *i• Ki ►i♦Oi♦•l p♦O ►i♦i0♦lr, i • I **v. 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The dedyaeon a loa or pecels Cr land uses In be data base does not imply bat the lots a panels wee legally peeled a that the lard uses copy wla applicable Sate a Local law. UNDER NO CIRCUMSTANCE SHALL THE PRODUCT BE USED FOR FINAL cc♦• Erie DESIGN PURPOSES. WELD COUNTY MMES NO YWRRANTIES OR GUARANTEES. •-♦-•• EITHER EXPRESSED OR IMPLIED AS TO THE COMPLETENESS,ACCURACY,OR CORRECTNESS RRECTNESS OF SUCH PRODUCT,NOR ACCEPTSANY LIABILITY,ARISING FROM L _ ,Weld County EXHIBIT "A" ANY TMEREINORRo a the OR MISLEADING INFORMATl CON ANED p product may be added,nipmdted or font In any farm orb'any mans whatsoever.MNdng,but not limited to electrode,medanicl, obcW Nog.racading, — Road scrim or by sly Mamaton relieved system a'any nonapprwed PMpose without be egress written cement at Mkt Da"dy Produced by Weld County GIS 1 111111 "111 III 1111111111 ll11 111111 III 11111 llll lilt 3046066 03/27/2003 02:33P Weld County, CO 6 of 6 R 0.00 D 0.00 Steve Moreno Clerk& Recorder RESOLUTION 03-18 A RESOLUTION APPROVING AN INGOVERNMENTAL AGREEMENT BETWEEN WELD COUNTY, AND THE TOWN OF ERIE REGARDING JOINT ENFORCEMENT OF STORMWATER MANAGEMENT PROGRAMS WHEREAS,The Erie Board of Trustees has the authority to enter into agreements to manage the needs of the Town; and WHEREAS, The Board of Trustees agrees it would be beneficial to both jurisdictions and the citizens to enter into an Intergovernmental Agreement(IGA)with Weld County regarding the joint enforcement of storm water management programs, moreover defining the allocation of responsibilities of both Agencies. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ERIE, COLORADO,AS FOLLOWS: Section 1. The attached IGA is hereby approved. Section 2. The Mayor and Town Clerk are hereby authorized to sign and attest the attached agreement. `.J INTODUCED, APPROVED AND ADOPTED THIS 25TH DAY OF FEBRUARY , 2003. TOWN OF ERIE, a Colorado municipal corpo ion By: j an Y1hi Barbara Connors, Mayor ATTEST: 7 By: G . Teresa G. Andrews, Town Clerk Weld County Planning Department GREELEY OFFICE MAR 5 2003 RECEIVED TRANSMITTAL TOWN OF ERIE 1 8'7 4- PUBLIC WORKS DEPARTMENT DATE: 3-4-03 TO: COMPANY: Weld County Department of Planning Services ADDRESS: 1555 N. 17th Ave Greeley, Colorado 80631 ATTENTION: Monica Daniels-Mika REFERENCE: PROJECT Erie Weld IGA PROJECT#: COMMENTS: Please sign both and return one for our records. From the desk of... Wendi Palmer Civil Engineer 11 The Town of Erie o 645 Holbrook P.O.Box 750. o Erie, CO 80516-0100 o 303-926-2700 o Fax: 303-926-2706 Hello