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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/24/2009 - RESOLUTION 2009-028 AUTHORIZING AN INTERGOVERNMENT ITEM NUMBER: 14 AGENDA ITEM SUMMARY DATE: March 24, 2009 FORT COLLINS CITY COUNCIL STAFF: Carol Webb SUBJECT Resolution 2009-028 Authorizing an Intergovernmental Agreement with West Fort Collins Water District to Establish the District's Public Water System as a Consecutive Public Water System Connected to the City's Wholesale Public Water System. RECOMMENDATION Staff recommends adoption of the Resolution. At its February 23,2009 meeting,the Water Board voted to recommend adoption of the Resolution. EXECUTIVE SUMMARY West Fort Collins Water District owns and operates a public water system that distributes water supplied by the City. The Water Quality Control Division of the Colorado Department of Public Health and Environment(CDPHE)has determined the District's system to be a consecutive public water system to the City's wholesale system and therefore subject to Colorado drinking water regulations applicable to consecutive systems. As wholesale and consecutive public water systems, the City and the District must meet the requirements of the regulations applicable to each individual entity. The proposed Intergovernmental Agreement establishes the following: • the District as a consecutive public water system to the City's wholesale public water system; • clearly defined roles and responsibilities for. drinking water regulations applicable to wholesale and consecutive systems; and • a collaborative process to address water quality issues affecting both systems. The proposed agreement does not require any additional expense for the City or any changes to current City operations. BACKGROUND In 2005, the City and the District were notified by the Colorado Department of Public Health & Environment (CDPHE) that an agreement between the two systems to share monitoring responsibilities for lead and copper was no longer valid due to changes in the Colorado Primary March 24, 2009 -2- Item No. 14 Drinking Water Regulations. Because the District meets the regulatory definition of a consecutive public water system, they must comply with monitoring rules applicable to consecutive water systems. CDPHE allows a wholesale system and a consecutive system to delineate responsibilities for applicable monitoring requirements in a legally binding agreement. The Wholesale/Consecutive Systems Agreement assigns legal responsibility for compliance to either the wholesale system or the consecutive system and describes a process for cooperation regarding drinking water quality issues. The agreement assigns responsibilities for monitoring and reporting requirements applicable to consecutive systems to the District. The City and the District will collaborate on water quality complaint investigations and communications. The City and the District will also communicate water quality issues, violations, and public notices that may affect the other entity's distribution system. The District and the City will make available monitoring records to the other entity to address water quality issues. ATTACHMENTS 1. Minutes from the February 23, 2009 Water Board meeting. ATTACHMENT I DRAFT WATER BOARD MINUTES OF MEETING February 23,2009 Approval of IGA with West Fort Collins Water District Regulatory and Governmental Affairs Manager Carol Webb made a brief presentation to the Board and sought the Board's recommendation on approval of an Intergovernmental Agreement (IGA) between the West Fort Collins Water District (WFCWD) and the City of Fort Collins related to monitoring of copper and lead. The West Fort Collins Water District meets the definition of a consecutive system, while our system is a wholesale system. This agreement facilitates communication between the two systems and does not change monitoring requirements. A change to the agreement was precipitated by notification from the Colorado Department of Public Health and Environment that WFCWD will now be responsible to monitor for copper and lead. The WFCWD system contains about 2,500 taps and serves the LaPorte area. The City's connection to this system occurs at Goat Hill Reservoir. The City has had a wholesale arrangement with WFCWD since the 1960s. Motion: Board Member Pillard motioned that City Council approve the resolution authorizing the City Manager to execute an Intergovernmental Agreement with West Fort Collins Water District to establish the District's public water system as a"consecutive public water system" connected to the City's wholesale public water system. Board Member Yadon seconded the motion. Discussion on the Motion: There was none. Vote on the Motion: It passed unanimously. RESOLUTION 2009-028 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH WEST FORT COLLINS WATER DISTRICT TO ESTABLISH THE DISTRICT'S PUBLIC WATER SYSTEM AS A CONSECUTIVE SYSTEM CONNECTED TO THE CITY'S . WHOLESALE PUBLIC WATER SYSTEM WHEREAS,the City operates a"public water system"which is considered a public drinking water"supply system"as defined by the State of Colorado, State Board of Health Primary Drinking Water Regulations ("CPDWR"); and WHEREAS,the West Fort Collins Water District(the"District")currently operates,within its territory, a"consecutive system" as defined under CPDWR Section 1.5.2(23) that is connected to the public water system of the City and is therefore subject to those provisions of the CPDWR that apply to consecutive systems and WHEREAS, in order for the City to operate its water supply system in accordance with applicable legal requirements and in order to protect the integrity of that system and the quality of the public water supply provided thereby, it is necessary for the City to maintain or ensure a certain level of information sharing, control and accountability with respect to the District's consecutive system; and WHEREAS, the CPDWR allow the City and the District as owners of their respective systems to delineate their particular responsibilities regarding applicable monitoring requirements, to assign legal responsibility for compliance with various rules, and to describe a process for cooperation regarding drinking water quality issues in a legally binding agreement; and WHEREAS, City staff and District staff have negotiated a proposed intergovernmental agreement, a copy of which dated March 17, 2009, is on file in the office of the City Clerk and available for public inspection (the "Agreement"); and WHEREAS, the Agreement is intended to specifically address the responsibilities that directly relate to the CPDWR requirements that are applicable to consecutive systems,and therefore to the City's supply system; and WHEREAS,City staff and the District have negotiated and memorialized in the Agreement the delineation of responsibilities for applicable drinking water quality monitoring and reporting requirements as well as customer notification between the two entities; and WHEREAS, Section 29-1-203, C.R.S., authorizes governmental entities to cooperate and contract with one another in order to provide any function, service, or facility lawfully permitted to each if such a contract is properly authorized by each party thereto; and WHEREAS,the City is authorized to enter into intergovernmental agreements to provide any function, service or facility, pursuant to Article II, Section16 of the City Charter and City Code Section 1-22. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the City Manager is hereby authorized to enter into the Agreement with the District for the purpose of establishing the District's public water system as a consecutive system that is connected to the City's wholesale public water system and for the other above-described purposes, and to make such amendments or modifications to the Agreement as the City Manager may, in consultation with the City Attorney,determine to be necessary or appropriate to protect the interests of the City or to advance the objectives set forth herein. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 24th day of March A.D. 2009. Mayor ATTEST: City Clerk