HomeMy WebLinkAbout071 - 07/21/2015 - AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT PERTAINING TO STORM WATER UTILITY SERVIC ORDINANCE NO. 071, 2015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL
AGREEMENT PERTAINING TO STORMWATER UTILITY SERVICE
FEES DUE BY COLORADO STATE UNIVERSITY FOR SERVICES
PROVIDED BY THE CITY OF FORT COLLINS
WHEREAS, the City owns a stormwater utility system through which it collects, detains,
and transmits stormwater runoff throughout the City (the "City Stormwater System"); and
WHEREAS, in 1981, the City established a Stormwater Utility to meet federal
regulations for stormwater management and incorporated into Chapter 26 of the City Code
requirements and service fees for stormwater drainage and management; and
WHEREAS, on July 20, 1993, the City Council adopted Ordinance No. 63, 1993,
establishing the City's Stormwater Utility as an enterprise under the requirements of Section 20,
Article X of the Colorado Constitution; and
WHEREAS, prior to 1981, portions the Colorado State University (CSU) campuses were
annexed into to the City, pursuant to ordinances that limited the enforcement of the City Code in
the annexed areas; and
WHEREAS, since creation of the City's Stormwater Utility, CSU has considered the
imposition of stormwater utility service fees on CSU properties to be in conflict with the limited
City Code enforcement language of the annexation ordinances, and CSU has therefore not paid
service fees for campus areas annexed into the City before 1981; and
WHEREAS, the Main, South; and West CSU campuses are unique from other properties
in the City, due to their large land areas, existing stormwater detention facilities, and CSU's
current level of service to these areas through its Municipal Separate Storm Sewer System
(MS4), which reduce the burden on the City's Stormwater Utility for service of those areas; and
WHEREAS, CSU does not dispute its obligation to pay service fees as a Stormwater
Utility customer; its primary concern relates to the method of calculating the fee in the City
Code; and
WHEREAS, despite not paying stormwater utility service fees, CSU has developed the
Main, South, and West campus areas in general compliance with the stormwater quality and
control requirements in the City Code and policies; and
WHEREAS, it is in the mutual interests of the City and CSU to enter into a service fee
arrangement for the delivery and management of stormwater from the CSU campus areas that
reflects the respective management and detention services provided by the parties; and
.WHEREAS, accordingly, the City and CSU have negotiated the terms and conditions set
forth in the intergovernmental Stormwater Utility Service Agreement for the Main, West, and
South campus areas, attached hereto as Exhibit "A" and incorporated herein by this reference
(the "Agreement"); and
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WHEREAS, under the proposed Agreement, CSU will begin paying monthly stormwater
fees, effective July 1, 2015, using the standard calculation reflected in the City Code as a basis
for the fee, along with a factor for the over-detention provided by CSU on the campus sites; and
WHEREAS, pursuant to C.R.S. §29-1-203(1), the City is authorized to cooperate and
contract with other governmental bodies to provide any function, service, or facility lawfully
authorized to each of them; and
WHEREAS, Article II, Section 16 of the Charter of the City of Fort Collins ("Charter")
additionally provides the City Council may, by resolution or ordinance, enter into contracts with
other governmental bodies to furnish governmental services and make charges for such services,
or enter into cooperative orjoint activities with other governmental bodies; and
WHEREAS, Article XII, Section 6 of the Charter provides the City Council shall by
ordinance from time to time fix, establish, maintain, and provide for the collection of such rates,
fees, and charges for water and electricity, as will produce revenues sufficient to pay the cost of
operation and maintenance of the utilities in good repair and working order, and for other
enumerated purposes; and
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE City of Fort
Collins as follows:
Section 1. That the Council hereby approves the Agreement, including the rates, fees,
and charges set forth in the Agreement, and finds and determines the Agreement to be for the
benefit of the City Stormwater Utility and its ratepayers.
Section 2. That the Council hereby authorizes the Mayor to execute the Agreement
on behalf of the City, in substantially the form attached hereto as Exhibit "A", together with such
modifications and additions as the City Manager, in consultation with the City Attorney,
determines necessary and appropriate to protect the interests of the City or further the purposes
of this Ordinance.
Introduced, considered favorably on first reading, and ordered published this 7th day of
July, A.D. 2015, and to be presented for final passage on the 21st day of July, A.D. 2015.
Mayor
ATTEST:
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City Clerk r� ..,,,,,,.•.'�
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Passed and adopted on final reading on the 21st day of July, A.D. 2015.
Mayor
ATTEST:
FORT
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Chief Deputy City Clerk
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cO O OR
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EXHIBIT A
STORMWATER UTILITY SERVICE AGREEMENT
between
COLORADO STATE UNIVERSITY
and
CITY OF FORT COLLINS UTILITIES
FORT COLLINS, COLORADO
for
COLORADO STATE UNIVERSITY' S
MAIN, SOUTH, and WEST CAMPUSES,
Dated: 12015
THIS INTERGOVERNMENTAL STORMWATER UTILITY SERVICE AGREEMENT
("Agreement") is entered into by and between the City of Fort Collins, a Colorado municipal
corporation that operates a public stormwater utility and related facilities ("Fort Collins Utilities"
or "City") and the Board of Governors of Colorado State University System, acting by and
through Colorado State University ("CSU"), an institution of higher education of the State of
Colorado (together, the "Parties"), effective as of the date it is executed by all Parties, herein
below.
RECITALS :
A. Fort Collins Utilities provides stormwater utility services through the operation of an
extensive system of collection, detention and conveyance facilities throughout and in the
stormwater basins in and around Fort Collins (the "Stormwater System") .
B . CSU operates an on-campus stormwater system, has developed its own stormwater
infrastructure on the CSU campuses and manages its own MS4 permit.
C . Over the years, CSU and the City have cooperated on various stormwater infrastructure
projects and mutually beneficial services with the goal of improved stormwater management.
D. Fort Collins Utilities operates the Stormwater System and provides stormwater services
subject to various terms, conditions and requirements as approved and authorized by the Fort
Collins City Council . Such conditions of service, including but not limited to the fees
established by the City to support the design, construction, operation, maintenance, replacement
and repair of the Stormwater System, are subject to change from time to time as authorized and
directed by the Fort Collins City Council.
E . Over time, the City and CSU have been unable to reach agreement regarding the extent to
which CSU is obligated to pay to the City fees related to the Stormwater System. The Parties
have negotiated in good faith to develop a mutually acceptable basis for establishing and
determining the Stormwater Fees as they relate to the CSU Main, South, and West Campus
areas, as shown on Exhibit A, attached hereto and incorporated by this reference (the
"Agreement Boundary") .
1
F . Accordingly, the Parties have developed a shared understanding and mutual agreement as
to the basis for imposition of Stormwater Fees for the CSU Main, South and West Campus areas,
as set forth herein.
WITNESSETH :
NOW, THEREFORE, in consideration of the covenants and mutual promises set forth in
this Agreement, including the recitals, CSU and the City agree as follows :
ARTICLE 1
DEFINITIONS
A. Allowable Release Rate . The amount of 100-year flow that the City allows to be
discharged from a property. It is the sum of the existing 100-year run-on and the historic
2-year runoff.
B . Agreement Boundary. The Agreement Boundary includes the Main, South, and West
Campuses as defined below.
C . Colorado State University Main Campus . For purposes of this Agreement, the physical
areas owned by CSU and as shown in Exhibit A as "Main Campus ." The area defined as
"Main Campus" represents a single parcel of land as it applies to the calculation of
Monthly Stormwater Utility Fees and Plant Investment Fees.
D. Colorado State University South Campus . For purposes of this Agreement, the physical
areas owned by CSU and as shown in Exhibit A as "South Campus . " The area defined as
"South Campus" represents a single parcel of land as it applies to the calculation of
Monthly Stormwater Utility Fees and Plant Investment Fees.
E . Colorado State University West Campus . For purposes of this Agreement, the physical
areas owned by CSU and as shown in Exhibit A as "West Campus. " The area defined as
"West Campus" represents a single parcel of land as it applies to the calculation of
Monthly Stormwater Utility Fees and Plant Investment Fees .
F . CSU MS4. CSU ' s Municipal Separate Storm Sewer System program, associated with
Permit COR07002 , issued by the Colorado Department of Public Health and
Environment (CDPHE) .
G. Historic . For purposes of this Agreement, "historic" means stormwater flows calculated
based on pre-development land conditions.
H. Monthly Stormwater Utility Fee . The monthly amount to be charged by the City for use
of the Stormwater System by CSU.
1. Over-Detention. The amount of 100-year flow detained in excess of the allowable
release rate as defined in the Fort Collins Storm Drainage Criteria.
J. Plant Investment Fees (PIE) . For purposes of this Agreement, the one-time fee charged
when a modification to surface conditions results in an increase of impervious area of
over 350 square feet of the lot or parcel.
2
K. Stormwater Fees . The fees established by the City to support the design, construction,
operation, maintenance, replacement and repair of the Stormwater System. Stormwater
Fees include both Monthly Stormwater Utility Fees and Plant Investment Fees as defined
above.
ARTICLE 2
STORM WATER REQUIREMENTS AND FEES GENERALLY
Except as expressly set forth herein and only for the purposes set forth in this Agreement,
CSU property within the limits of the City of Fort Collins shall be subject to the standards,
requirements and conditions related to stormwater management and the City' s Stormwater
System, as set forth in Chapter 26 of the City Code, as the same may from time to time be
amended or replaced. Property that is not located on the CSU Main, South, and West Campuses
(the Agreement Boundary) that is developed or redeveloped by CSU shall be subject to the
Stormwater Fees . Property that is located within the Agreement Boundary shall be subject to the
terms of this Agreement. If a parcel within the Agreement Boundary is sold, transferred or
otherwise conveyed to any other entity, it will no longer be subject to this Agreement.
Because CSU operates its own Municipal Separate Storm Sewer System (MS4) that
incorporates a significantly large area of land with which it can effectively manage its
Stormwater runoff using alternative methods, it is appropriate to modify the standard calculation
of fees for service provided.
ARTICLE 3
MONTHLY STORMWATER UTILITY FEES
1 . Conceptual Basis for Monthly Stormwater Utility Fees . The City collects
Monthly Stormwater Utility Fees in order to fund the operating expenses of the Stormwater
System and other related costs . The approach used to determine the Monthly Stormwater Utility
Fees for the Agreement Boundary is based on historic peak stormwater flow levels . The intent of
the Parties in entering into this Agreement is to formally establish and document factors applying
to CSU stormwater discharge levels for which collection and system fee requirements will be
deemed fulfilled, based on historic flows on the CSU Campus .
2 . Rate Formula. The steps below are applied to calculate, individually, the Monthly
Stormwater Utility Fees payable by CSU to the City for the CSU Main, South, and West
Campuses :
(a) Establish the base Monthly Stormwater Utility Fee using the method established in
Article VII, Chapter 26 of the City Code, which fee calculation applies to current
square footage areas, based on CSU GIS data, by type defined in City Code;
(b) Reduce the base fee by the percentage of " over-detention" credited for the land area
relating to the base fee, as set forth in Section 3 below;
(c) Subtract the monthly credit for maintenance and administration costs related to
CSU's Municipal Separate Storm Sewer System (the "CSU MS4") permit, as set
forth in Section 4 below;
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(d) This generates the Monthly Stormwater Utility Fee due for Main, South, and West
Campuses, calculated individually, which will then be billed to CSU, payable on
standard terms required of Fort Collins Utilities ' customers .
3 . Over-Detention Credit. Over-Detention Credit will be calculated for each of the CSU
Main, South and West Campuses using the following process :
• Percentage of Over-Detention = ( 1 - [Total Existing 100-year Outflow] / [Total
Existing 100-year Inflow + Total Historic 2-year Outflow] ) * 100
• Flow Reduction = [Total Existing 100-year Inflow + Total Historic 2-year
Outflow] - [Total Existing 100-year Outflow]
• Consult Table 1 for the Over-Detention Credit
Example : Current modeling from Ayers Associates Engineers for CSU ' s Main
Campus shows 100-year inflow as 995 cfs, 100-year outflow as 752 cfs , and
2-year outflow as 70 cfs ;
Percentage Over-Detention = ( 1 - 752/(995+70)) * 100 = 29 .4%
Flow Reduction = (995+70)-752 = 313 cfs
Over-Detention Credit = 25 %
Table 1 — Over-Detention Credit
Percentage of "Over-Detention"
<25 % 25 %- 40 %- 55 %- 70 % - 85 %-
<40 % <55 % <70 % <85 % < 100 %
<100 cfs 0 0 0 0 0 0
100- <200 10 15 20 25 30 35
cfs
0
200- <300 15 20 25 30 35 40
a
cfs
300- <400 20 25 30 35 40 45
cfs
0
> 400 cfs 25 30 35 40 45 50
4. Credit for CSU MS4 costs. The following cost items will be used in determining the
credit due to CSU for the following term' s Monthly Stormwater Utility Fees (collected based on
a July 1 to June 30 period) :
• Annual CSU MS4 permit fees for the Agreement Boundary;
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• Actual cost of spill response, sampling and analysis as required for the CSU MS4;
• Actual cost of stormwater permit outreach education and training as required for
the CSU MS4 ;
• Actual cost of CSU MS4 program coordinator salary (prorated to include only
that portion of salary applicable to these duties) ; and
• Actual cost of construction site inspector (prorated to include only that portion of
salary applicable to these duties) .
• These annual MS4 expenses shall be divided by 12 to generate an average
monthly expense, and then pro-rated by total land area to the Main, South, and
West Campuses .
5 , Annual Review of Rate Calculation. The City will review the calculation of the Monthly
Stormwater Fee on an annual basis and make adjustments as necessary and as mutually agreed to
by the Parties . The annual review will include the following information which is to be provided
by CSU to the City:
(a) To establish the area of impervious, semi-pervious, and pervious surfaces within
the Agreement Boundary, CSU shall supply Fort Collins Utilities with an
annually-updated summary table based on the most current CSU GIS data;
(b) MS4 expenses shall be submitted annually by CSU to the City, accompanied by
substantiating financial records;
(c) For surface flows, CSU shall update its surface model to reflect net changes on
the CSU Campus by a mutually-agreed upon qualified consulting engineer at
least once every five (5) years. CSU shall also update its stormwater pipe model
to reflect system changes at least once every five (5 ) years .
(d) The data shall be submitted to the Fort Collins Utilities Executive Director by
March 31 of each year of the frequency specified for review, in order to assist
CSU in adjusting the Monthly Stormwater Fees obligation to include in its
budgeting process . Fee adjustments shall be made effective July 1 of each year.
No cost credits for which documentation has not been received by March 31
shall be eligible for the credit against the Monthly Stormwater Utility Fees as
described above .
6 . Stormwater Fee Commencement Date .
(a) The Monthly Stormwater Utility Fee will be applied beginning on July 1 , 2015
and continue on a monthly basis thereafter. A detailed statement showing the
amount and breakdown of the calculation of the first payment is attached to this
Agreement as Exhibit B and incorporated by this reference.
(b) In the case that the Agreement is signed after July 1 , 2015 , or the Agreement is
signed but payment is delayed due to incomplete modeling or other incomplete
technical data, Monthly Stormwater Utility Fees will be applied retroactively to
July 1 , 2015 .
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(c) The Plant Investment Fees for the Agreement Boundary, which have been
calculated to reflect the "allocation areas" listed below, and agreed upon by the
Parties, will be payable 90 days after the effective date of this Agreement. A
detailed statement showing the amount and breakdown of the calculation of the
Plant Investment Fee is attached to this Agreement as Exhibit B and incorporated
by this reference .
ARTICLE 4
IMPERVIOUS AREA AND RUNOFF QUALITY
1 . Impervious Area. The impervious surface area for each of the campuses within the
Agreement Boundary shall be managed as outlined in this section.
(a) Existing impervious surface areas, for each of the campuses governed by this
Agreement, as of December 31 st, 2014, are as follows :
(i) Main Campus : 9,773 ,343 square feet
(ii) South Campus : 2,390,387 square feet
(iii) West Campus : 880,603 square feet
(b) An allocation of impervious surface area is here established for each of the
campuses governed by this Agreement:
(i) Main Campus : 10,000,000 square feet
(ii) South Campus : 3 , 100,000 square feet
(iii) West Campus : 950,000 square feet
(c) A Stormwater PIF shall be applied to the difference between the "allocated" areas and
the "existing" areas for Main, South, and West Campuses using the method
established in Article VII, Chapter 26 of the City Code.
(d) If there is an alteration to one area within a campus resulting in an increase in or
change in location of impervious surface area, the alteration will be accommodated
on other parts of the same campus, to keep the area of impervious surface within the
established allocation. CSU will internally manage these efforts .
(e) Areas of impervious surface shall be as calculated and verified annually using
CSU GIS data during the Annual Review of Rate Calculation.
2 . Water Quality Level/Treatment.
(a) CSU will include detention and Best Management Practices (BMPs) with each
project within the Agreement Boundary, satisfying the following intent:
(i) Detention of 100% of the water quality capture volume ; and
(ii) Detention to match historic 2-year condition.
(b) Detention may be regional, and will occur within the same campus.
6
(c) BMPs will be designed in general conformance with the "Urban Storm Drainage
Criteria Manual, Volume 3 Best Management Practices" , Urban Drainage and
Flood Control District, Denver, Colorado, latest edition. However, site-specific
BMPs, such as constructed wetlands, bioswales etc . , may be designed using design
guidance from other sources, such as architectural firms' in-house expertise and
recently published articles, as mutually agreed upon by the Parties .
(d) CSU intends to develop its own Low Impact Development standards within three (3 )
years of the date of this Agreement.
ARTICLE 5
INTEGRATION/CONNECTION OF INFRASTRUCTURE
1 . CSU management of Stormwater within the Agreement BoundarX. CSU manages
stormwater within its boundaries, seeking to avoid increases in stormwater flows leaving CSU
property. The volume of stormwater entering and leaving each system varies depending on the
system configuration and the magnitude and location of storm events .
2 . Operation of CSU ' s Municipal Separate Storm Sewer System MS4) . At all times herein,
CSU shall be responsible for the proper operation of its MS4 System.
3 . Grants of Easement or Other Crossings . The City and CSU acknowledge that
subsequent formal approval will be required; however, to the extent allowed by applicable law
and University policy, the Parties agree to cooperate in the granting of any necessary stormwater
easements or stormwater related crossing/right-of-way agreements to the other on a no cost basis.
4. Inter-connection. The City and CSU shall continue to coordinate the inter-connection
and operation of each other' s MS4 infrastructure .
ARTICLE 6
ADJUSTMENTS, SYSTEM CHANGES, AND
RESOLUTION OF DISPUTES
1 . Service Level Adjustments . If at any time after execution of this Agreement, as a result
of increased knowledge or better data, the Parties conclude the stormwater levels upon which
this Agreement is based are substantially incorrect, the Parties agree to negotiate in good faith to
revise the Monthly Stormwater Fees established herein, as may be reasonable and necessary to
accurately reflect such stormwater levels using the formulas and terms set forth in this
Agreement.
2 . Changes to CSU Operations and Uses. During the term hereof, any substantive change in
operations or uses by CSU that would substantially impact Fort Collins Utilities ' Stormwater
System will serve as a basis for the Parties to negotiate in good faith any necessary modification
to these runoff allocation levels that may be appropriate . This may include the payment by CSU
of additional Stormwater Plant Investment Fees or reduction in use and impact on Fort Collins
Utilities ' Stormwater System,
3 . Resolution of Disputes .
7
(a) Allocation Disputes . In the event changed conditions such as those described in
Sections 1 and 2 of this Article 6 should occur during the term of this Agreement, and the Parties
are unable to reach agreement as to the reasonable and necessary modifications, the Parties will
first elevate the disputed issues to senior administration, and if the matters are not resolved, the
Parties may then engage in mediation or other non-binding dispute resolution methods, before
seeking to terminate this Agreement or initiate any legal action hereunder.
(b) Disputed Charges . Continued use of the Stormwater System by CSU shall be
contingent upon timely payment by CSU of any and all Stormwater Fees as set forth herein. If a
dispute arises with respect to specific charges or credits contained in any billing statement,
invoice or statement of account, CSU shall identify the disputed charges and notify the City of its
objections thereto, in writing, as soon as reasonably practicable after receipt of the invoice or
statement, and shall pay all undisputed charges according to the payment terms established for
the affected services . The City shall respond to the objections within 30 days after receipt. If the
dispute cannot be resolved through good faith negotiations within 30 days after the City ' s
response to CSU' s objections, CSU shall pay the disputed amounts under protest and the dispute
resolution process set forth in paragraph (a) of this Section 3 shall be followed. Either of the
Parties shall be entitled to pursue such legal and equitable remedies as may be available pursuant
to the City Code or other applicable law, in the event that any such dispute is not resolved
through the foregoing process .
ARTICLE 7
GENERAL TERMS AND CONDITIONS
1 , Notice . Any notice, request, demand, consent or approval, or other communication
required or permitted hereunder will be in writing and will be deemed to have been given when
personally delivered or deposited in the United States mail with proper postage and address as
follows :
If to CSU : Executive Director, Facilities Management
Colorado State University
6030 Campus Delivery
Fort Collins, CO 80523 -6030
With a copy to : Office of the General Counsel
Colorado State University
0006 Campus Delivery
Fort Collins, CO 80523 -0006
If to Fort Collins Utilities : Utilities Executive Director
City of Fort Collins Utilities
Post Office Box 580
Fort Collins, CO 80522
With a copy to : Office of the City Attorney
City of Fort Collins
Post Office Box 580
Fort Collins, CO 80522
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2 . Parties/Beneficiaries. This Agreement is made for the sole and exclusive benefit of the
named Parties and shall inure to the benefit of their respective successors and assigns . It is not
made for the benefit of any third party, and any such benefit shall be deemed incidental .
3 . Liability. The liability of each of the Parties is governed, limited and controlled by the
Colorado Governmental Immunity Act, Colo . Rev. Stat. § 24- 10- 101 , et seq. , as now or hereafter
amended. Nothing in this Agreement shall be construed as a limitation or waiver of the
immunities provided under said Act. The Parties acknowledge that this Agreement is intended to
document the conditions and requirements to be met by CSU and Fort Collins Utilities, in order
for Fort Collins Utilities to provide Stormwater Utility services, as described herein, and that this
Agreement is not intended to, and does not, impose upon Fort Collins Utilities any obligations to
CSU except as expressly set forth in this Agreement or to give rise to any special liabilities of
Fort Collins Utilities for the benefit of CSU, except for those obligations or liabilities that Fort
Collins Utilities has as a general matter to its Stormwater Utility customers.
4. Severability. In the event any covenant, condition or provision of this Agreement is held
to be invalid by final judgment of any court of competent jurisdiction, the invalidity of such
covenant, condition or provision shall not in any way affect any of the other covenants,
conditions or provisions of this Agreement, provided that the invalidity of any such covenant,
condition or provision does not materially prejudice either party in its respective rights and
obligations under the valid covenants, conditions or provisions of this Agreement.
5 , Authority. By executing this Agreement as provided below, each Party accepts the terms
and conditions hereof and agrees to abide by them. Each Party also represents and warrants that
it is authorized by law to accept the terms and conditions hereof. The individual persons signing
below, hereby each represent that he or she is authorized to bind the party he or she claims below
to represent to the terms and conditions hereof.
6 . Applicable Laws . This Agreement shall be interpreted and enforced according to the laws
of the State of Colorado . Venue for any legal action arising under this Agreement shall lie
exclusively in the Colorado District Court situated within the City of Fort Collins, Colorado, or
in the City and County of Denver, Colorado .
7 . Existing Rights and Agreements. Nothing in this Agreement shall act to amend, modify,
or supersede any annexations, any related agreements or any other agreements, rights, or legal
positions by and between the City and CSU external to this Agreement, or to alter in any way
their recourse under the same
ARTICLE 8
FINANCIAL OBLIGATIONS
This Agreement is not intended to create any obligation of either Party to transfer funds
to any other Party or entity, and shall not constitute a "state contract" or "commitment voucher"
as defined under the State Fiscal Rules . All financial obligations of CSU in respect of the use of
the Stormwater System or enjoyment of stormwater-related services of Fort Collins Utilities shall
be created by issuance of an approved commitment voucher in accordance with such Rules and
the Controller' s Statute, C .R. S . § 24-30-202 et seq. , as now or hereafter amended.
9
IN WITNESS WHEREOF, the parties hereto have executed Stormwater Management
Agreement as of the day and year first above written.
CSU :
STATE OF COLORADO .
JOHN HICKENLOOPER, GOVERNOR
Board of Governors of the Colorado State University System,
acting by and through Colorado State University:
Date : By :
Lynn Johnson
Vice President for University Operations
APPROVED :
By:
Steve Hultin
Executive Director, Facilities Management
APPROVED AS TO FORM :
By:
Jason Johnson
Deputy General Counsel, CSU System
10
FORT COLLINS UTILITIES, a municipal utility
owned and operated by
THE CITY OF FORT COLLINS, COLORADO
a Municipal Corporation
Date : By :
Wade Troxell
Mayor
ATTEST :
Wanda Nelson
City Clerk
APPROVED AS TO FORM :
Carrie Mineart Daggett
City Attorney
11
EXHIBIT
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EXHIBIT B
CSU -City Stormwater IGA Financial Analysis
Monthly Fees and Plant Investment Fees
5/22/2015
Campuses Governed by the Stormwater IGA
Fill Main Campus South Campus West Campus
Existing Change in Allocation Existing Change m Allocation Existing Change in Allocation
Surface Type Multiplier Category Runoff Coefficient Rate Factor Area [sf] Area [sf] Area [sf] Area [sf] Area [sf] Area [sf] Area [sf] Area [sf] Area [sf]
Impervious 0.95 Very Light 0.00 to 0.30 0.25
Semi-Pervious 0.5 Light 0.31 to 0.50 0.4 Impervious 9,773,343 226,657 10,000,000 Impervious 2,390,387 709,613 3,100,000 Impervious 880,603 69,397 950,000
Pervious 0.2 Moderate 0.51 to 0.70 0.6 Semi-Pervious 147,583 -7,443 140,140 Semi-Pervious 36,364 0 36,364 Semi-Pervious 824 0 824
Heavy 0.71 to 0.90 0.8 Pervious 7,682,310 -219,214 7,463,096 Pervious 4,837,536 -709,613 4,127,923 Pervious 815,319 -69,397 745,922
Very Heavy 0.91 to 1.00 0.95
Total [sf] 17,603,236 17,603,236 Total 7,264,287 7,264,287 Total 1,696,747 1,696,747
Monthly Fee Calculation
Monthly Fee = (Lot Area) x (Rate Factor) x (Base rate) Total [acres] 404.1 404.1 166.8 166.8 39.0 39.0
Base rate = $ 0.0041454 per sf per month
% Impervious 55.5% 56.8% % Impervious 32.9% 42.7% % Impervious 51.9% 56.0%
% Semi-Pervious 0.8% 0.8% % Semi-Pervious 0.5% 0.5% % Semi-Pervious 0.05% 0.05%
PIF Calculation % Pervious 43.6% 42.4% % Pervious 66.6% 56.8% % Pervious 48.1% 44.0%
PIF = (Lot Area in Acres) x (Runoff Coefficient) x (PIF Base Rate)
Runoff Coefficient = (% Impervious) x (0.95) + (% Semi-pervious) x (0.5) + (% Pervious) x (0.2) Runoff Coefficient 0.619 0.628 Runoff Coefficient 0.448 0.522 Runoff Coefficient 0.589 0.620
Base rate = $ 7,817.00
Rate Factor 0.6 Rate Factor 0.4 Rate Factor 0.6
Other Information Base Monthly Fee $ 43,783.47 Base Monthly Fee $ 12,045.35 Base Monthly Fee $ 4,220.22
Existing Area = Existing data for the IGA Boundary - June 2015 (includes Aggie North).
Change in Area = Resulting surface after near term construction (approximately January 2018) Base Annual Fee $ 525,401.66 Base Annual Fee $ 144,544.21 Base Annual Fee $ 50,642.59
with an additional buffer for 2018 and beyond.
PIT adjustments are based on the resulting change in surface type and runoff coefficient within
the entire campus, and applied to the entire campus acreage. Monthly Stormwater Utility Payment Calculation
Boundary of "Main" and "South" for the storm IGA is at Centre Ave where it crosses
the flood plain at Spring Creek, as illustrated on Exhibit A. Base Annual Fee $ 525,401.66 Base Annual Fee $ 144,544.21 Base Annual Fee $ 50,642.59
Over DetentionCredit is established per the process laid out in the IGA, Article 3, part 3.
M54 Program Credit is established per the process laid out in the IGA, Article 3, part 4. Over-Detention Credit 25% Over-Detention Credit 35% Over-Detention Credit 0%
MS4 programmatic costs for CSU FY15 (ending in June 2015) = $19,445
Over-Detention Credit $ (131,350.42) Over-Detention Credit $ (50,590.47) Over-Detention Credit $ -
MS4 Program Credit $ (12,885.54) MS4 Program Credit $ (5,317.45) MS4 Program Credit $ (1,242.02)
Combined Annual Payment $ 519,202.57 Annual Payment $ 381,165.71 Annual Payment $ 88,636.29 Annual Payment $ 49,400.58
Combined Monthly Payment $ 43,266.88 Monthly Payment $ 31,763.81 Monthly Payment $ 7,386.36 Monthly Payment $ 4,116.71
Allocation PIF Calculation
Combined IGA Area [acres] 609.8 Lot Area [acres] 404.1 Lot Area [acres] 166.8 Lot Area [acres] 39.0
Combined Impervious Allocation [acres] 23.1 Impervious Allocation (for reference) [acres] 5.20 Impervious Allocation (for reference) [acres] 16.29 Impervious Allocation (for reference) [acres] 1.59
Increase in Runoff Coefficient 0.010 Increase in Runoff Coefficient 0.073 Increase in Runoff Coefficient 0.031
Combined Stormwater PIF $ 134,952.25 Stormwater PIF $ 30,305.16 Stormwater PIF $ 95,506.96 Stormwater PIF $ 9,340.13