HomeMy WebLinkAbout851054.tiff RESOLUTION
RE: CONSENT TO AGREEMENT BETWEEN THE CITY OF NORTHGLENN AND THE
TRI-AREA SANITATION DISTRICT
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 of County Commissioners has previously
entered into an agreement with the City of Northglenn regarding a
wastewater treatment facility constructed as part of the
Northglenn/FRICO Agricultural Reuse Project within the
unincorporated area of Weld County, Colorado, and
WHEREAS , a portion of the Intergovernmental Agreement entered
into January 18 , 1984 , at Grant Condition (b) (5) was that there be
an agreement regarding construction and operation of facilities to
prevent the flow of wastewater from adjacent agricultural lands
into the Towns of Frederick, Firestone, and the unincorporated
area of Evanston, and
WHEREAS, the agreement between Northglenn and the Tri-Area
Sanitation District recognizes the authority and responsibility of
the District to design, construct, operate, and maintain drainage
facilities for the control of drainage and tailwater, and
WHEREAS, the Environmental Protection Agency and Colorado
Department of Health have made some monies available for
reimbursement for costs of control of tailwater under the City of
Northglenn' s Environmental Protection Agency grant, and the
Department of Local Affairs has granted the District money for
construction of drainage portions of the project, and
WHEREAS , the District is the only governmental entity with
jurisdiction over the entire area of the drainage problem in the
Tri-Area, and it is the entity in the best position to design,
finance , construct, and maintain drainage control facilities under
its powers and duties as a special district.
NOW, THEREFORE, BE IT RESOLVED that the Board of County
Commissioners hereby consents to the Agreement between the City of
Northglenn and the Tri-Area Sanitation District and hereby
authorizes the Chairman of the Board to sign the consent for said
agreement.
L51uL4
S-c, C
PAGE 2
RE: TRI-AREA TAILWATER CONTROL AGREEMENT
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 8th day of
May, A.�DDS. , 1985 .
ATTEST: /1 ( 6✓IAAA. 4t wU2-.U' 0r✓ BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Clerk and Recorder
and Clerk to the Boa gasonChairrnan
c.'Dputy County C1 rk Brantner, Pro-Tem
APPROV AS T /% l
�Sh5 � J C. W. K
County Attorney
Gov ac
Franc Yamaguc
EXHIBIT A
AGREEMENT
L
THIS
S AGREEMENT, made and entered into this /cl day of
%9 4 , 1985, by and between THE CITY OF
NORTHGLENN, COLORADO ( "NORTHGLENN" ) , a Colorado Home Rule
Municipal Corporation, and THE TRI-AREA SANITATION DISTRICT
( "THE DISTRICT" ) , a Colorado Quasi-Municipal Corporation;
WITNESSETH:
WHEREAS, NORTHGLENN has constructed and is operating a
wastewater treatment plant ( "the Plant" ) located in the West
One-Half. of Section thirty-six, Township One North, Range
sixty-eight West of the Sixth Principal Meridian, Weld
County, Colorado;
WHEREAS, the effluent from the Plant will be discharged
to, inter alia, the Bull Canal system of irrigation ditches ;
WHEREAS, certain of the lands which are presently irri-
gated with water from the Bull Canal are located in the vici-
nity of the Towns of Frederick and Firestone, and irrigation
tailwater therefrom naturally drains toward and through
Frederick, Firestone, and the adjacent unincorporated com-
munity of Evanston;
WHEREAS, NORTHGLENN has received a grant from the United
States Environmental Protection Agency ( "EPA" ) for the
construction of the Plant , which contains the following
condition:
Northglenn will provide physical measures
to prevent the flow of tailwater from the
Bull Canal, from adjacent agricultural
land and any residential area. Consul-
tation with Frederick and Firestone on
the design and location of these facili-
ties is necessary.
WHEREAS, NORTHGLENN ' s EPA Grant is now administered by
the Colorado Department of Health ( "CDH" ) ;
WHEREAS, the DISTRICT desires the construction of cer-
tain drainage improvements within Frederick, Firestone and
Evanston (the "Project" ) , to improve existing storm drainage;
WHEREAS, the parties desire to cooperate in the
financing and construction of the Project so that both
drainage and tailwater control purposes may be accomplished;
WHEREAS, NORTHGLENN and the Town of Frederick, Colorado,
have entered into an agreement dated September 2, 1983, con-
cerning the financing, construction and operation of certain
improvements which would be accomplished by the Project;
WHEREAS, NORTHGLENN and the Board of County
Commissioners of the County of Weld, Colorado, have entered
into an agreement dated January 18, 1984 (the "Weld County
IGA" ) concerning, inter alia , the construction of the
Project;
WHEREAS, EPA and CDH have determined that the tailwater
control portions of the Project will be eligible for reimbur-
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sement under NORTHGLENN'S grant, but have not determined the
amount of such reimbursement;
WHEREAS, the DISTRICT has received a grant from the
Colorado Department of Local Affairs ( "DLA" ) for the
construction of the drainage portions of the Project;
WHEREAS, the parties desire to enter into an agreement
specifying the rights and liabilities of each of them with
respect to the Project;
NOW, THEREFORE, for and in consideration of the premises
and the following mutual convenants, NORTHGLENN and the
DISTRICT agree as follows:
1 . Term. The term of this agreement shall commence
upon execution by all parties and shall terminate upon the
parties ' performance of all of their obligations hereunder,
unless sooner terminated in accordance with any provision
hereof.
2. Authority of District. The DISTRICT represents that
to the best of its knowledge and belief the boundaries of the
DISTRICT encompass all residential areas of Frederick,
Firestone and Evanston, and that the Project is a legal pur-
pose of the DISTRCT.
3. Design of the Project . The DISTRICT has commenced
the preparation of engineering designs and specifications for
the Project. The designs and specifications shall include
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such features, including resident engineering and inspection,
as are sufficient, in the reasonable judgment of NORTHGLENN,
CDH, and EPA, to control tailwater from the lands irrigated
by water from the Bull Canal in a manner that will satisfy
the tailwater control condition in NORTHGLENN'S EPA grant,
shall specifically identify the tailwater control portions of
the project, and shall be prepared at the sole expense of the
DISTRICT. The engineer hired by the DISTRICT to prepare the
plans and specifications shall consult periodically with
NORTHGLENN to ensure compliance with NORTHGLENN'S EPA grant
condition.
4. Construction of the Project.
( a) Upon completion of the designs and specifica-
tions for the project, the DISTRICT shall advertise , obtain
bids and award contracts for the construction of the Project,
all in accordance with procedures specified by EPA and CDH to
ensure eligibility for reimbursement under NORTHGLENN'S EPA
grant.
(b) The DISTRICT shall obtain from the successful
bidder a written estimate of the cost of construction of the
tailwater control portions of the Project sized to accom-
modate only the tailwater flows , using bidded costs where
possible. Upon approval by CDH and EPA, such estimate shall
be utilized by CDH and EPA to determine the eligible cost of
the tailwater control portions of the Project, and shall be
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considered the cost of the tailwater control portions of the
Project for all payment and reimbursement purposes. All pro-
posed change orders or amendments to the construction
contracts shall be accompanied by a similar estimate of the
tailwater portions of such change orders or amendments, using
bidded costs where possible.
(c) All contracts which are entered into for the
construction of the tailwater control components of the
Project shall contain such terms and provisions as may be
necessary to ensure eligibiity for reimbursement under
NORTHGLENN' S EPA grant as specified by EPA and CDH.
(d) Such contracts shall call for the completion
and acceptance of the Project no later than eighteen months
following the approval of the designs and specifications for
the Project by EPA and CDH.
5. Allocation of Project Costs.
(a) Except as provided in this paragraph, the
DISTRICT shall be solely responsible for all costs of
construction of the Project, including land and right of way
acquisition, engineering, inspection, and administration.
(b) Upon notification by the DISTRICT that it is
prepared to award contracts, NORTHGLENN shall cause the
appropriation and transfer of $160, 000 to a designated
account, which funds shall be disbursed only in accordance
with this agreement and without further approval by the
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NORTHGLENN City Council. Payment shall be timely and not
contingent upon EPA approval or funding. Payment shall be
made as expeditiously as possibly following presentment to
the Director of Natural Resources of NORTHGLENN.
(c) NORTHGLENN shall pay to the DISTRICT the costs
of construction, resident engineering and inspection of the
tailwater control portions of the Project, as determined in
accordance with paragraph 4(b) hereof, and shall apply for
and receive all EPA reimbursement for such costs.
(d) The DISTRICT shall simultaneously reimburse
NORTHGLENN for that portion of such costs which exceeds
$160,000 .00, less the amount of reimbursement received by
NORTHGLENN from EPA for that portion of such costs which
exceeds $160, 000.00.
(e) None of the funds used by the DISTRICT to pay
the non-federal share of the cost which exceeds $160, 000 of
the tailwater control portion of the Project shall be used or
counted by the District or any other entity as matching funds
for any other federally assisted program unless approved in
writing by EPA and the other federal agency or agencies for
whose program the funds are also being used as local match,
nor shall any of the funds used by the DISTRICT to pay the
non-federal share of the cost of the tailwater control por-
tion of the Project be federal funds paid to or received by
the DISTRICT under another federal assistance agreement. The
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use of funds received by the DISTRICT from the DISTRICT ' S DLA
Grant for the purposes specified in this paragraph is speci-
fically approved.
( f) In the event that the District takes any pro-
curement or other action which is in violation of EPA poli-
cies, procedures or regulations, and such violation results
in EPA denying NORTHGLENN all or part of the federal share of
the first $160,000 of the cost of the tailwater control por-
tion of the Project, either initially or upon final audit of
NORTHGLENN' s EPA grant, the DISTRICT shall, in addition to
its other obligations under this agreement, reimburse
NORTHGLENN in an amount equal to the federal portion of said -
$160, 000 denied to NORTHGLENN by EPA as a result of the
DISTRICT ' S action.
(g) All change orders increasing the cost of the
tailwater control portions of the Project beyond $160, 000 and
requiring the appropriation of additional funds, shall
require the approval of the NORTHGLENN City Council. Such
approval shall be timely made .
6. Completion Date. In the event that the construc-
tion of the Project is not completed within the time spe-
cified in paragraph 4(d) hereof, then NORTHGLENN shall be
relieved of all liability under this Agreement, including
liability for any payments pursuant to paragraph 5 hereof,
and the DISTRICT shall immediately reimburse to NORTHGLENN
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all amounts paid by NORTHGLENN to the DISTRICT pursuant to
paragraph 5 hereof.
7. Access to Information. NORTHGLENN will provide the
DISTRICT with reasonable access to NORTHGLENN personnel and
records, and will assist the DISTRICT in obtaining access to
personnel and records of the Farmers Reservoir and Irrigation
Company, for the purposes of designing the tailwater control
features of the Project, and monitoring the operation of the
discharge from the Plant into the Bull Canal after construc-
tion of the Project is complete.
8. Opposition to Northglenn Operation. The DISTRICT
agrees not to object to the operation of the Plant or any
other aspect of NORTHGLENN' S Water Management Plan, nor to
take any other action which would be detrimental, either
indirectly or directly, to the operation thereof, so long as
the operation thereof is in compliance with all applicable
Federal and State laws, rules and standards. The DISTRICT
further agrees not to object to expansion of the Plant,
except that the DISTRICT may seek additional mitigation
measures if the DISTRICT conclusively establishes prior to
any such expansion that such expansion would directly result
in increasing the tailwater flow beyond the capability of the
Project to control such flow.
9. Operation of the Project. The Project to be
constructed by the DISTRICT shall be the sole responsibility
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and property of the DISTRICT, and NORTHGLENN shall have no
liability or responsibility for the design, construction or
operation thereof. NORTHGLENN' s sole responsibility with
respect to the Project shall be the contribution of funds for
the construction thereof in accordance with paragraph 5 of
this Agreement, and the DISTRICT shall save and hold harmless
NORTHGLENN, its agents and employees, from any liability
arising from the design, construction or operation of the
Project. Nothing herein shall render the DISTRICT respon-
sible for operation of the Plant.
10. Compliance With Regulations. All design, procure-
ment, bidding and construction of the tailwater control por-
tions of the Project shall be accomplished in compliance with
applicable provisions of 40 CFR Chapter I, Subchapter B,
including but not limited to Parts 30 through 35 and appen-
dices thereto, plus any special conditions set forth in
NORTHGLENN' s EPA grant and amendments thereto, a copy of
which has been furnished to the DISTRICT.
11 . EPA Approval. This Agreement shall be of no force
or effect unless approved by EPA as being consistent with EPA
grant regulations and as not in and of itself jeopardizing
Northglenn' s eligibility to receive EPA grant funding.
12 . Weld County Approval . This Agreement shall be of
no force or effect unless approved by the Board of County
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Commissioners of the County of Weld as satisfying and
complying with paragraph 1(b) (5) of the Weld County IGA.
THE CITY OF NORTHGLENN
By 6L '214-A
Mayor
Attest: �` C[ L
City Clerc/
THE TRI-AREA SANITATION
DISTRICT
BY al %d /Le--
Pr si
Attest ✓,� L..r '✓
Secrets
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The foregoing Agreement has been reviewed by the under-
signed on behalf of EPA and I find that its provisions are
consistent with EPA grant regulations. If carried out in
accordance with its provisions, this Agreement will not
jeopardize NORTHGLENN' s eligibility to receive EPA grant
funding.
The foregoing Agreement has been reviewed and approved
by the Board of County Commissioners of the County of Weld as
satisfying and complying with paragraph 1 (b) ( 5) of the Weld
County IGA.
hair , Boar f Weld County Commissioners
—11—
11701 Community Center Drive area INGMBMPUINT
Northglenn, Colorado 80233
Phone (303) 451-8326
June 26 , 1985
William A. Love , Esq.
Wells , Love $ Scoby
225 Canyon Boulevard
Boulder, CO 80302
Re : Northglenn - Tri Area Sanitation District Agreement
Dear Mr. Love :
Enclosed for your records is one original of the Northglenn -
Tri Area Sanitation District Agreement for tailwater control ,
which has been fully executed. We will be recording this
agreement in Weld County. If you would like the recording
information, please feel free to contact the Northglenn City
Clerk' s office at 450- 8756 in approximately three weeks .
Sincerely ,
Rosie Yeager
Internal Affairs Coordinator
Enc.
xc: W. H. Hormberg, EPA
Frank Rozich, CDH ✓
Lee Morrison, Esq.
Jay Cope , Esq.
ill r ����r�� �
•
Ti '
' JUL 1185
ELD COUNTY
ATTORNEY'S OFFICE
DEPARTMENT OF NATURAL RESOURCES
���� 11701 Community Center Drive
aaandikaxaMBIlM
Northglenn, Colorado 80233
Phone (303) 451.8326
CERTIFIED LETTER P640 757 752
May 17, 1985
Lee Morrison, Esq.
Weld County Court House
9th Avenue and 9th Street
Greeley, Colorado 80632
Re : Tri-Area Sanitation District
Dear Mr. Morrison:
Enclosed is a copy of the resolution authorizing an agreement
between the City of Northglenn and the Tri-Area Sanitation
District for construction of certain drainage improvements and
tailwater control purposes .
Also enclosed are two original agreements . Please have the
Chairman of the Weld County Commissioners sign both originals and
return both to me so I can obtain EPA' s signatures . I will return
a fully executed copy to you for your records .
I appreciate your prompt response to this request.
Sincerely,
Rosie Ye ger
Internal Affairs Coordinator
Enc .
xc: David Hawker (w/o enclosure)
Lee Phillips , Esq. (w/o enclosure)
Jay Cope , Esq. (w/o enclosure)
DEPARTMENT OF NATURAL RESOURCES
SPONSORED BY Councilman McCarthy & Strickland
COUNCILMAN 'S RESOLUTION RESOLUTION NO.
No. CR-49 85-45
Series of 1985 Series of 1985
A RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF
NORTHGLENN AND THE TRI-AREA SANITATION DISTRICT FOR CON-
STRUCTION OF CERTAIN DRAINAGE IMPROVEMENTS AND TAILWATER
CONTROL PURPOSES.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
NORTHGLENN, COLORADO, THAT:
The City Council hereby approves the Agreement
between the City of Northglenn and The Tri-Area Sanitation
District, marked as Exhibit A, attached hereto, and by this
reference made a part hereof; and
The City Council hereby authorizes the Mayor to
enter into the Agreement on behalf of the City of Northglenn.
DATED this /G day of � , 1985 .
CHARLES C. WINBURN
Mayor
ATTEST:
J AN M. BAKER e.)
City Clerk /L _7`__ 7
APPROVED AS TO FORM:
•
Cf
ERBERT C. PHILLIPS
City Attorney
mEmoRAnDum APR 241985
flREEF Y, COW.
nd Potter, Chuck Cunliffe
To and Engineering Department Date April .23 , 1985
COLORADO From Lee Morrison, Assistant County Attorney
s�bje�r City of Northglenn - Frederick Area Tailwater
Control
Please find attached a letter and draft of the Northglenn -
Frederick Area Tailwater Control Agreement. This is pursuant to
the Intergovernmental Agreement of January 18 , 1984 , between the
City of Northglenn and Weld County and is intended to carry out
certain provisions of that Intergovernmental Agreement with
relation to control of irrigation wastewater within the fields
east of the Tri-Area. Under the Intergovernmental Agreement of a
year ago January, Weld County is supposed to participate in any
agreement as to control of tailwater. It appears that the effort
is to have the existing Sanitation District accept the grant for
construction of the drainage portions from the City of Northglenn
and from the Colorado Department of Local Affairs. This appears
to be the ideal situation from the County' s stand point as it is
using an existing governmental entity with the powers to regulate
drainage and does not appear to obligate the County to contribute.
I would anticipate that once construction begins, the Road and
Bridge Department would be involved to the extent as necessary to
use County right-of-ways to accomplish any of this drainage.
I would appreciate receiving comments you might have on this
agreement by May 1 , 1985 , so that I can make a recommendation to
the Commissioners. At this point, I do not see any reason why the
County should not indicate its willingness to consent to the
agreement.
tee D. Morri o
Assistant County Attorney
LDM:rm
Enclosure
MUSICK AND COPE
ATTORNEYS AT LAW
4141 ARAPAHOE AVENUE
P.O. BOX 4579
BOULDER, COLORADO 80306
TELEPHONE 13031 447-1974
JOSEPH A.COPE ICOLO1 1-600 332-2140
April 16 , 1985
Lee Morrison, Esq.
Assistant County Attorney
Weld County
Weld County Courthouse
9th Avenue & 9th Street
Greeley, CO 80632
Re: City of Northglenn - Frederick Area Tail Water
Control
Dear Lee:
Under the terms of the Northglenn-Weld County IGA, Weld
County is to be a party to the tail water control agreement.
After lengthy study and discussion, Northglenn and the
Tri-Area Sanitation District have come close to formalizing
the agreement between Northglenn and the town of Frederick
entered in to before the IGA was approved. The agreement is
now in the process of being considered by Northglenn and the
District, and while some additional language changes are
possible the basic structure of the agreement appears to be
agreed upon. A copy of the most recent draft is enclosed.
Northglenn and the District would like to proceed with
this project as soon as possible . In accordance with the
IGA, we would like the Board of County Commissioners to
approve this agreement.
If there are any questions, please contact Tom Ambalam
at the City, or me.
Very truly yours,
MUSICK AND COPE
By _
Joseph A. Co e
JAC: emp
Enclosure
cc: Mr. Tom Ambalam
Mr. William Love
MUSICK AND COPE
ATTORNEYS AT LAW
4i4I ARAPAHOE AVENUE
P.O. BOX 4579
BOULDER, COLORADO 8O3O6
TELEPHONE 303)4U-19]4
JOSEPH A.COPE (COLO)1-900 332-2uO
April 17, 1985
William A. Love, Esq.
Wells, Love & Scoby
225 Canyon Boulevard
Boulder, CO 80302
Re: Northglenn - Tri Area Sanitation District Agreement
(507)
Dear Bill:
Enclosed is what is hopefully the final draft of the
tail water control agreement. As we discussed on the
telephone on Monday, I understand that Bill Schuler had no
objection to my language concerning expansion of the plant.
If you see anything requiring further discussion, please
call me before Friday, April 19th.
Very truly yours,
MUSICK AND COPE
Joseph A. C pe
JAC:emp
cc: Mr. Tom Ambalam
Ms . Peggy Galligan
Dave Schachterle, Esq.
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