HomeMy WebLinkAbout20012903 RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR CREATION OF
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 Intergovernmental Agreement 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, Town of Mead, 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 Intergovernmental Agreement 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, Town of Mead, 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 Intergovernmental Agreement.
2001-2903
SD0102
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 10th day of October, A.D., 2001.
BOARD OF COUNTY COMMISSIONERS
E��`WELD COU TY, COLORADO
ATTEST: Ley , ,. : I�/� L JL._ (AYE)
� ,� . J. �•eile, Cha
Weld County Clerk to the >aarn .itz
W
,i //�� Glenn Vaad,Wei; (AYE)
BY: bu Deputy Clerk to the Board (NAY)
William rke
APPROVED AS RM:
dam/ NAY
V �t vid E. Long
unty Att ney AYE
Robert . M s en
Date of signature: US&
2001-2903
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 24th day
of October, 2001, 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 TOWN
OF MEAD, a municipal corporation of the STATE OF COLORADO, with its principal office
located at 441 3r° Street, P.O. Box 626, Mead, CO 80542; 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, "I-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
Page 1
2001-2903
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
Page 2
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.
Page 3
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.
1. To adopt, by resolution, regulations respecting the exercise of the Drainage
Authority's powers and the carrying out of its purposes.
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
Page 4
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 ten(10) members, with one member to be
appointed by each Contracting Party.
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 requirement
set forth elsewhere in this Agreement.
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.
Page 5
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.
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
Page 6
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.
8. ADDING OR DELETING PARTIES: No party may be added to this contract as a
Contracting Party without the two-thirds (2/s) 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 not earlier than June 1st or later than
July 15th of any calendar year. Such withdrawal shall take effect on January 1'of
the ensuing calendar year.
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
Page 7
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.
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.
Page 8
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
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.
Page 9
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:
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.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the date first
written above.
ATTEST: geld /. J p�� COUNTY OF WELD, a political
CLERK TO THE BOA' Ii,i °�N. subdivision of the STATE OF COLORADO
40
COUNTY COMMISSIO�� ' '. "tt .0,0%in ' •
pristrairi
By: ._,. _,,, .. ILA,_ ', 4 • By: /,L6,
Deputy Clerk to the Board 7 iT1 - . J. eile, Chairman, Board of
County Commissioners of the County of
Weld (lo/i cri)
QanKo Roy : o �ua,o ./ G 1 .Q cp
-4y any S 90/0/20zc iwaA67
Page 10
Southwest
Weld
Drainage Authority
,h_._, , .,,,- -:N,,,,--,,, ...,,,Itii`g,:----,---- ; :,_::-'± _, 1 ',„ -:_-- ,---- . ,
-.rYT % �l7 j ( 1 1 ) O/j 1
i, -'tv.`t,.\, .1 'I •' i ti It�a g ^ -a ,a ` ,�kr-
i s 4 \ 11. -Ti \_____7(<, )ii'-‘3
i -11-‘
v f fl c �' .�
\ � sy \......._
so-
j
J7 i ,dt I ' \ / � rye ) 'YW ` �- ��
( ,
' h- - / : L ' .-, i.. • .
TZ , '` J )"V.�•\. ` . �( / f, ~ j may:
C r
(
D.
e
o
0/ r �_ ti
_ o ,
C ,4� s
/ `,-a°uIde'I d Creek 14
if TTA
/. f/. ��( I , 8i 4 I ��LYe :1--,-- C , 't ,
",e='' 1f- I .. ,,c_ i''
J
L ,
_ ,OEt ii " ,
.. f
� 'ari,} --- -,,,-- .- - I
`� t 1:
60/ „F /� �� ..
'- $ „ �T.rxe.• � I -ti ., .ter
p l
A Erie N
Frederick
Mead
Longmont E
Firestone
EXHIBIT "B" Dacono S
Drainage Basin St.Vrain Sanitation District
10/12/01
Hello