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HomeMy WebLinkAbout1994-031-02/15/1994-IGA MUTUAL COOPERATION SANITATION DISTRICT SERVICE AREA SOUTH FORT COLLINS- .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. RESOLUTION 94-31 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE SOUTH FORT COLLINS SANITATION DISTRICT FOR MUTUAL COOPERATION WHEREAS, in 1985, the City of Fort Collins and the South Fort Collins Sanitation District entered into a five-year intergovernmental agreement; and WHEREAS, said agreement provided for the establishment of service area boundaries, sharing of master plans and cooperation in providing wastewater utility service to the customers of the City and the District; and WHEREAS, the City and the District wish to renew the agreement for another five-year term; and WHEREAS, Article II, Section 16, of the City Charter provides that the City Council may, by ordinance or resolution, enter into contracts with other governmental bodies for cooperative and joint activities; and WHEREAS, City staff and the District have negotiated, and the District has signed, the proposed intergovernmental agreement, a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference, ("the Intergovernmental Agreement") ; and WHEREAS, the City Council has determined that the Intergovernmental Agreement is in the best interests of the City. NOW- THEREFORE; BE IT RESOLVED BYTHE COUNCIL OF THE CITY OFFORT COLL-INS,- COLORADO, that the Intergovernmental Agreement is in the best interests of the City and that the Mayor be, and hereby is, authorized to enter into the Intergovernmental Agreement on behalf of the City of Fort Collins. Passed and adopted at a regular meeting of t uncil of th ty of'Fort Collins held this 15th day of February, A.D. ATTEST: City Clerk EXHIBIT "A" INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND THE SOUTH FORT COLLIES SANITATION DISTRICT THIS AGREEMENT is made and entered into this day of 1993 , by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, (hereinafter referred to as the "City") and the SOUTH FORT COLLINS SANITATION DISTRICT, a political subdivision of the State of Colorado, (hereinafter referred to as the "District") . In consideration of the covenants and obligations of the parties as herein provided, the District and the City agree as to-llows-*- By enacting Titles 31 and 32 of the Colorado Revised Statutes, pursuant to Article XX, Section 6 of the Colorado Constitution, pursuant to Section 16 of Article II of the Charter of the City, and by reason of the enactment of Sections 29-1-201 and 29-1-203, C.R. S. , the legislature and people of the State of Colorado and the City have determined that the parties have a valid interest in providing wastewater utility services for their citizens and have clearly y articul-ated- and L- rmat Ve y- eXpL'ESS�(� LiTET State of Colorado' s policy to allow municipalities and special service districts to provide wastewater utility services by utilizing cooperative agreements. The parties hereto desire to act in a manner consistent with the clearly articulated and affirmatively expressed policy of the State of Colorado to allow municipalities and special districts to enter into intergovernmental contracts for the purpose of cooperating in providing utility service in the most efficient manner resulting in the highest quality of service at a reasonable cost to the consumer. Taking into consideration the foregoing factors, the desire to eliminate the overlapping of facilities, the need to undertake long range planning prior to initiating costly capital expansion programs and recognizing natural drainage basins and topography which affect the quality and cost of utility service, the City and the District have determined that it is in the best interests of the residents of the City and the District for the parties to cooperate with each other in providing wastewater utility service. Therefore, the parties enter into this Agreement pursuant to the provisions of Section 29-1-203 C.R.S. and Section 16 of Article II of the City Charter. 1 . Statement of Intent. The City and the District agree to act in good faith and to the best of their ability in taking all steps necessary to fully implement- the terms ofthis Agreement for the purpose of providing high quality and cost efficient wastewater utility service to the customers of the parties within the southern portion of the Fort Collins Urban Growth Area. The parties further acknowledge that their actions under the terms of this Agreement shall be guided by a mutual desire to improve the existing quality of utility service to the customers presently receiving service in such area as well as the probable future needs of the inhabitants of the southern portion of the Fort Collins Urban Growth Area. The City and the District acknowledge the mutual goal of continuing the cooperation between the parties after the expiration of the term of this Agreement. 2 . Establishment of Service Areas. In their 1985 intergovernmental agreement, the parties established service areas for the City and the District. Since then, the service areas have been modified by the parties and are presently constituted as described in Exhibit "A" attached hereto and by this reference incorporated herein. The parties acknowledge that minor adjustments may be made to the service area boundaries if mutually agreed to in writing by the District and the City based upon considerations of natural drainage patterns, topography, existing installations of capital facilities, probable future needs of consumers, the entity best able to provide quality service to the consumer, the most cost efficient means for delivering utility service and similar considerations which generally reduce the cost of service and result in higher quality service to the consumer. 3 . Steering Committee. The City and the District agree to establish, as they previously did under their 1985 intergovernmental agreement, a Steering Committee consisting of three (3) Board members of the South Fort Collins Sanitation District to be appointed by South Fort Collins Sanitation District, two (2) members of the Fort Collins City Council to be appointed by the Fort Collins City Council, and one (1) member from the Fort Collins Water Board to be appointed by the Fort Collins City Council. 4 . Charge of the Steering Committee. The Steering Committee shall review all information to be exchanged by the parties as provided in this Intergovernmental Agreement. Furthermore, the Steering Committee shall consider proposals submitted to it by the staff of the District and the City regarding joint use of facilities, and generally any matters related to the cost efficient delivery of high-quality wastewater service to the customers of the parties. After consideration of such proposals and comments, the Steering Committee shall make recommendations relative thereto and shall submit such recommendations to the City Council and the District Board for consideration and possible action by the governing bodies thereof. Any recommendations by the Steering Committee shall be guided by the overall goal of eliminating the overlapping of services, the double taxation which may occur to consumers, increasing the quality of utility service, reducing the cost of utility service, recognizing natural topographical limitations and encouraging advanced planning for the installation of capital facilities. The City and the District recognize the potential benefits to be obtained by the regionalization and/or consolidation of wastewater treatment utility services in northern Colorado. The parties further acknowledge that the extent of regionalization and/or consolidation and the benefits to be - 2 of 5 - obtained therefrom are dependent, in part, upon the participation of other municipalities, towns, and special districts in northern Colorado. Therefore, the City and the District agree that in addition to the charge of the Steering Committee set forth above, the Steering Committee shall study the potential benefits, disadvantages, and institutional arrangements concerning the regionalization and/or consolidation of wastewater treatment services. Such study will be completed within the next four (4) years. 5 . Master Planning. The City and the District agree to revise from time to time their master plans for the provision of wastewater service in their respective service areas. The City and the District shall make such master plans available to each other and the Steering Committee for review. The master plans shall include such information and data as believed appropriate by the District, including, but not limited to, a five (5) year facilities plan, a financial plan which outlines the methods of financing necessary capital improvements, and the possible development of regional wastewater treatment facilities. The Master Plan shall also provide information which may be useful in determining if any changes in the previously defined service areas are reasonably required to better service the inhabitants thereof. As part of the City's master planning process, the City agrees to conduct a study, within the next three (3) years and in conjunction with the District, to determine the most suitable route for a new wastewater interceptor pipeline which will start at the City's WWTP#2 and extend to the proposed future regional wastewater treatment facility to be located just east of the Ptarmigan development. When such study is completed, the District agrees it will review and consider such study in updating its master plan and consider integrating the findings of the route study into its master plan so as to avoid future duplication of facilities. 6 . Cooperation. The City and the District agree to continue the cooperative exchange of information, operational assistance and emergency aid. 7 . Term. The term of this Agreement shall remain in force for a period of five (5) years from the date set forth above, at which time it shall automatically terminate. However, the City and the District agree that not less than one hundred twenty (120) days prior to the expiration of this Agreement, both parties shall jointly review the Agreement for the purpose of considering the advisability of extending, altering, or modifying this Agreement. 8 . Enforceability. The parties to this Agreement recognize that there are legal constraints imposed upon the City and the District by the Constitution, statutes and laws of the State of Colorado, United States, the City Charter and City Code, and that, subject to such restraints, the parties intend to carry out the terms and conditions of this Agreement. Notwithstanding any other - 3 of 5 - provision of this Agreement to the contrary, in no event shall any of the parties exercise any powers or undertake any actions which shall be prohibited by applicable law. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. 9 . Liability. A. City Indemnification. To the extent permitted by law and only to the extent of any insurance coverage available to the City for the following liabilities, the City agrees to indemnify and hold harmless the District, and its officers and employees, from and against all liabilities, claims, and demands which arise from the negligent acts or omissions of the City, or of its officers and employees, provided that such acts or omissions by the City's officers and employees occurred during the performance of their duties, within the scope of their employment, and were not willful and wanton. In addition, the City agrees to indemnify the District, and its officers and employees, from all costs and expenses related to defending such liabilities, claims, and demands, including, but not limited to, litigation costs and reasonable attorneys fees. However, the City and the District acknowledge and agree that all such liabilities, claims, and demands shall be subject to any notice requirements, defenses, immunities, or limitations to liability that the City, and its officers and employees, may have under the Colorado Governmental Immunity Act (Section 24-10-101, C.R. S. , et sea. ) and to any other defenses, immunities, or limitations to liability available to the City, and its officers and employees, under the law. B. District Indemnification. To the extent permitted by law and only to the extent of any insurance coverage available to the District for the following liabilities, the District agrees to indemnify and hold harmless the City, and its officers and employees, from and against all liabilities, claims, and demands which arise from the negligent acts or omissions of the District, or of its officers and employees, provided that such acts or omissions by the District's officers and employees occurred during the performance of their duties, within the scope of their employment, and were not willful and wanton. In addition, the District agrees to indemnify the City, and its officers and employees, from all costs and expenses related to defending such liabilities, claims, and demands, including, but not limited to, litigation costs and reasonable attorneys fees. However, the District and the City acknowledge and agree that all such liabilities, claims, and demands shall be subject to any notice requirements, defenses, immunities, or limitations to liability that the District, and its officers and employees, may have under the Colorado Governmental Immunity Act (Section 24-10-101, C.R.S. , et sea. ) and to any other defenses, immunities, or limitations to liability available to the District, and its officers and employees, under the law. 4 of 5 - IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. THE CITY OF FORT COLLINS, COLORADO, A Municipal Corporation By: Mayor ATTEST: City Clerk APPROVED AS TO FO Assi tant City Attorney SOUTH FORT COLLINS SANITATION DISTRICT, a political subdivision of the State of Colorado By: (01�a Board of Directors ATTEST: iz- e•93 Se etary-Manager APPROVED AS TO FORM: osep H. Fo ra, Attorney for South Fort ollins Sanitation District - 5 of 5 - EXHIBIT A In accordance with the agreement entered into by the South Fort Collins Sanitation District and the City of Fort Collins, staff members from each utility have met to determine which utilities can provide the most effective and economical sewer service to existing residents within the Urban Growth Area and other areas presently served by the District. In consideration of existing facilities, topography and property boundaries, the staffs of each utility mutually arrived at the Service Areas indicated on the map included with this exhibit, and bound by the lines described below: Beginning at the NW corner of the SW 1/4 of Section 33, T7, R69; then east along the north line of S 1/2 Section 33, T7, R69 to Taft Hill Road; then south along Taft Hill Road to Harmony Road; then east along Harmony Road to the east property line approximately 400' east of the north-south centerline of Section 1, T6, R69; then south along the east property line approximately 545' to the south property line; then west along the south property line approximately 400' to the north-south centerline of Section 1, T6, R69; then south along the north-south centerline to Mail Creek Ditch; then south- easterly along Mail Creek Ditch to Lemay Avenue; then north along Lemay Avenue to the north property line approximately 940' south of the SW 1/4 corner of Section 6, T6, R68; then east along the north property line to the north-south centerline of Section 6, T6, R68; then south along the north-south centerline to Mail Creek Ditch; then south- easterly along Mail Creek Ditch to the east line of Section 7, T6, R68; then north along the east line to the south line, North 1/2, SW 1/4 of Section 5, T6, R68; then east along the south line to the north-south centerline of Section 5, T6, R68; then north along the north-south centerline to the east-west centerline of Section 5, T6, R68; then east along east-west centerline of Section 5, T6, R68, Section 4, T6, R68 and Section 3, T6, R68 to the intersection of Interstate Highway 25 with the east-west centerline of Section 3, T6, R68, at which point the boundary line between Service Areas ends. The boundary previously described separates areas that can best be served by the respective utilities. All areas north of the boundary are considered to be within the sewer service area of the City of Fort Collins; all areas south of the boundary are considered within the sewer service area of the South Fort Collins Sanitation District. SZ 31Y1SH31N1 i a�pfAFavowJ iQz m jm x � S OYOM A1HOoo o rn a J O C ® I Q F I/ Z J x o J a W c w Q w c i / U Z w OtlOtl 3NI1tl38W11 oroalna .7riure 0 m ro� O 0 p LL 11J 0 H o O W o � � z a H 3Atl A W3l � 3013Atl AtlW31 y� J z w J I- o O fA O W Atl 30 1100 O � !L w O LL ~Q W a' Na NYNI(a0N NOIJMla�16 a LL. F O = a c_ 0 U Q S 133tl18 BO131 W a o 0 w N w _ o ~ x z z 0 I a a z OtlOtl IIIH 1ltll