HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/06/2007 - RESOLUTION 2007-024 AUTHORIZING AN INTERGOVERNMENT ITEM NUMBER: 19
AGENDA ITEM SUMMARY DATE: March 6, 2007
FORT COLLINS CITY COUNCIL STAFF: Carol Webb
SUBJECT
Resolution 2007-024 Authorizing an Intergovernmental Agreement with Colorado State University
to Establish the University's Public Water System as a Consecutive System Within the City's
Integrated Public Water System.
RECOMMENDATION
Staff recommends adoption of the Resolution.
EXECUTIVE SUMMARY
Colorado State University (CSU) 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 University's system to be a consecutive
public water system and therefore subject to Colorado drinking water regulations.
As public water systems, CSU and the City may either meet the requirements of the regulations as
individual entities or enter into an integrated systems agreement and share responsibilities. The
proposed intergovernmental agreement establishes CSU as part of the City's integrated public water
system and delineates responsibilities for applicable drinking water regulations.
BACKGROUND
In 2006,the Colorado Department of Public Health&Environment(CDPHE)evaluated the layout
and structure of CSU's drinking water distribution system and its connection to the City's water
system. As a result of this evaluation,CDPHE determined that CSU meets the regulatory definition
of a consecutive public water system. This determination requires CSU to obtain a public water
system identification number and to comply with monitoring rules applicable to consecutive water
systems.
CDPHE allows a supply system and a consecutive system to delineate responsibilities for applicable
monitoring requirements in a legally binding agreement.The integrated systems agreement assigns
legal responsibility for compliance to either the supply system or the consecutive system and
describes a process for cooperation regarding drinking water quality issues.
March 6, 2007 -2- Item No. 19
The City and CSU have collaborated with CDPHE to develop the proposed integrated systems
agreement. The intergovernmental agreement assigns responsibilities for monitoring and reporting
requirements applicable to consecutive systems to CSU.
CSU is also responsible for consumer notification within its distribution system.
The City and CSU will collaborate on water quality complaint investigations and communications.
The City and CSU will also communicate water quality issues, violations, and public notices that
may affect the other entity's distribution system. CSU's monitoring records and reports are required
to be available to the City.
RESOLUTION 2007-024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH
COLORADO STATE UNIVERSITY TO ESTABLISH THE UNIVERSITY'S
PUBLIC WATER SYSTEM AS A CONSECUTIVE SYSTEM WITHIN
THE CITY'S INTEGRATED PUBLIC WATER SYSTEM
WHEREAS, the City of Fort Collins 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,Colorado State University(the"University")currently operates a"consecutive
system"as defined by the CPDWR on its campus which is connected to the public water system of
the City of Fort Collins; and,
WHEREAS,the State of Colorado,by and through its Water Quality Control Division of the
Colorado Department of Public Health and Environment, has implemented rules and regulations
allowing for the approval by the state of an "integrated system," as defined under CPDWR §
1.5.2(58); and
WHEREAS,in order 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 of Fort Collins to maintain or ensure a certain
level of information,control and accountability with respect to the University's consecutive system;
and
WHEREAS, the CPDWR require the City of Fort Collins as the supply system to establish
requirements for consecutive systems that have been accepted into the integrated system and to
include those requirements in a contract, memorandum of agreement or other enforceable
mechanism; and
WHEREAS,City staff and University staff have negotiated an enforceable intergovernmental
agreement, a copy of which, dated February 28, 2007, is on file in the office of the City Clerk and
available for public inspection(the "Agreement"); and
WHEREAS,the Agreement is intended to address specificallythe responsibilities that relate
directly to the CPDWR requirements applicable to integrated systems, and therefore to the City's
supply system and the University's consecutive system, as such; and
WHEREAS, City staff and the University 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, Section 16 of the Charter of the City of Fort
Collins 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
University for the purpose of establishing the University's public water system as a consecutive
system that is part of the City's integrated 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 6th
day of March, A.D. 2007.
Mayor
ATTEST:
City Clerk