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
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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
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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.
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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
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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.
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