HomeMy WebLinkAbout2014-033-06/03/2014-SUPERSEDING RESOLUTION 2013-049 AND AUTHORIZING THE EXECUTION OF A REVISED FIRST AMENDMENT TO THE IN RESOLUTION 2014-033
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SUPERSEDING RESOLUTION 2013-049 AND AUTHORIZING
THE EXECUTION OF A REVISED FIRST AMENDMENT
TO THE INTERGOVERNMENTAL AGREEMENT ESTABLISHING
THE BOXELDER BASIN REGIONAL STORMWATER AUTHORITY
WHEREAS, on July 15, 2008, the City Council approved Resolution 2008-068,
authorizing an intergovernmental agreement with Latimer County and the Town of Wellington
to form the Boxelder Basin Regional Stormwater Authority (the "Authority"), to fund and
implement the regional stormwater improvements outlined in the Boxelder Regional Stormwater
Master Plan (the "Master Plan"); and
WHEREAS, on August 20, 2008, the intergovernmental agreement to form the Authority
(the "Agreement') was finalized and signed by all parties, and the Authority was subsequently
organized; and
WHEREAS, since its organization, the Authority has completed the design and
construction of the Coal Creek Flood Mitigation Project and has preliminarily designed the two
remaining regional stormwater projects contemplated in the Master Plan; and
WHEREAS, in order to move forward with the remaining projects, the Authority has
identified possible funding in the form of a loan from the Colorado Water Conservation Board
("CWCB"), to be repaid with Authority stormwater fees collected from within the Authority's
service area; and
WHEREAS, the Agreement calls for the members of the Authority to approve any
borrowing by the Authority; and
WHEREAS, in addition to the approval of the proposed borrowing from CWCB, the
Board of Directors of the Authority (the "Board") has recommended that the members of the
Authority amend the Agreement to designate certain non-tributary areas and provide for fee
credits to areas within the Authority service area that do not contribute stormwater flows to the
Basin; and
WHEREAS, the Board has further recommended that the members of the Authority
amend the Agreement to sunset the Authority upon completion of the remaining Master Plan
projects, payment of all debt incurred, and agreement among the members as to continuing
obligations for ownership, operation and maintenance of the improvements constructed by the
Authority; and
WHEREAS, on May 21, 2013, the City Council adopted Resolution 2013-049,
authorizing an amendment to the Agreement that incorporated the terms described above; and
WHEREAS, since the adoption of Resolution 2013-049, additional revisions to the
Agreement have been proposed by Larimer County, and the amendment as approved by the City
Council has not been executed; and
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WHEREAS, Larimer County has proposed that the Agreement language regarding the
sunset of the Authority be revised; and
WHEREAS, a First Amendment to the Agreement reflecting the recommendations of the
Board as set forth in the originally approved amendment, as well as the revisions requested by
Latimer County, has been prepared by Authority staff(the "First Amendment'), and is attached
hereto as Exhibit "A" and incorporated herein by this reference; and
WHEREAS, the Town Board of Wellington and the Board of County Commissioners of
Latimer County have approved the First Amendment in substantially the form attached hereto;
and
WHEREAS, the City Manager has recommended that the City Council approve the First
Amendment.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby finds that the approval of the First
Amendment is in the best interests of the City in order to facilitate the completion of the Master
Plan improvements and provide for the fulfillment by the Authority of its intended purposes and
objectives for stormwater improvements in the Boxelder Basin. .
Section 2. That the City Council hereby approves the First Amendment and
authorizes and directs the Mayor to execute the First Amendment on behalf of the City in
substantially the form attached hereto as Exhibit "A," together with such additional or modified
terms and conditions as the City Manager, in consultation with the City Attorney, determines to
be necessary and appropriate to protect the interests of the City and advance the purposes set
forth in this Resolution.
Section 3. That the terms of this Resolution supersede and replace Resolution 2013-
049, which shall be of no further force or effect.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 3rd
day of June, A.D. 2014.
CEA
M yor
ATTEST:City Clerk
l
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EXHIBIT A
FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT FOR
STORMWATER COOPERATION AND MANAGEMENT
THIS FIRST AMENDMENT entered into this day of
, 20 , by and among the BOARD OF COMMISSIONERS OF LARIMER
COUNTY, COLORADO, (the "County"), the CITY OF FORT COLLINS, COLORADO, a
municipal corporation (the"City"), and the TOWN OF WELLINGTON, COLORADO, a
statutory municipality (the "Town"), collectively referred to as the "Members".
WITNESSETH:
WHEREAS, the Members entered into the Intergovernmental Agreement for Stormwater
Cooperation and Management on August 201h, 2008 (the "IGA") for the purpose of creating the
Boxelder Basin Regional Stormwater Authority (the "Authority"); and
WHEREAS, the Authority has, pursuant to the Boxelder Creek Regional Stormwater
Master Plan dated October 2006 ("Master Plan"), proceeded to construct and complete the Coal
Creek Flood Mitigation Project; and
WHEREAS, the Authority has determined that two remaining projects are necessary to
meet the flood mitigation and drainage goals of the Master Plan; and
WHEREAS, the Authority has preliminarily designed the East Side Detention Facility
also known as the Gray Lakes Project and the Larimer/Weld County Crossing Structure (the
"Projects") which are the two projects the Authority has determined need to be constructed to
meet the goals of the Master Plan; and
WHEREAS, the Authority has determined, through preliminary design, that the cost of
the Projects is estimated at$9.9 million; and
WHEREAS, the Authority has entered into an Intergovernmental Agreement dated
November 15, 2012, (the "Timnath IGA") between the Authority and the Timnath Development
Authority of Colorado ("TDA") which provides that TDA shall participate in the funding of the
Projects; and
WHEREAS,pursuant to the Timnath IGA, the TDA has transferred $500,000 to the
Authority for use by the Authority in the continuing design of the Projects; and
WHEREAS,pursuant to the Timnath IGA, the TDA will reimburse the Authority for
25% of the costs of the Projects incurred after the transfer of the $500,000 to the Authority; and
WHEREAS, the Authority has determined the most cost efficient method of funding the
Projects is obtaining a loan through the Colorado Water Conservation BoOard ("CWCB"); and
WHEREAS, the CWCB loan requires a 10% local match resulting in a $9.0 million loan.
This match will be the responsibility of the Authority with TDA reimbursing the Authority 25% .
of the match pursuant to the Timnath IGA; and
WHEREAS, the Authority has met with the Members and reviewed the design and
construction of the Projects, the funding of the Projects, and the terms and conditions of the
proposed loan from CWCB; and
WHEREAS, the Authority has requested the Members amend the IGA to allow the
Authority to move forward with the funding and construction of the Projects; and
WHEREAS, upon completion of the Projects, payment of all debt incurred by the
Authority for the construction of the Projects, and agreement among the Members as to any
continuing obligation for operation and maintenance of any Authority projects, there is no longer
any need to continue with the Authority; and
WHEREAS, the Authority and the Members have also determined that the Authority
should have the right to make minor revisions to properties within the Service Area of the
Authority by designating areas as "non-tributary areas", and grant fee credits to other areas
within the Service Area; and
WHEREAS, the Members have determined to enter into this First Amendment in order
to address the funding and construction of the Projects, the granting to the Authority the right to
provide fee credits to appropriate properties within the Service Area, and the termination of the
Authority.
NOW, THEREFORE, in consideration of the mutual covenants contained herein and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Members hereto agree as follows:
1. Article II of the IGA shall be amended by the addition of Section 2.10 to read as
follows:
Section 2.10 Service Area Revisions. The Authority shall have the authority to
make minor revisions to the Service Area by designating properties as "Non-
Tributary Properties" or grant fee credits to other properties within the Service
Area as follows:
(a) The Authority may, on a case by case basis, determine that individual properties in
the Service Area are not tributary to the Boxelder Basin; and based upon that
determination, remove those properties from the Service Area of the Authority. Any
such removal shall be communicated to the Members in order for the individual
Member to make appropriate adjustment in its fee structure.
(b) The Authority may designate areas in the Service Area as "100 percent fee credit"
properties based upon the following criteria:
1. There are properties located within the Service Area which as of the date of this
Amendment drain into Soil Conservation Service/Natural Resources
Conservation Service dam-impounded lakes and decreed irrigation reservoirs
that in 100 year storm event release upstream waters at a rate less than or equal
to the release from an historic two-year storm event-This effectively provides
mitigation of downstream flood damage. These properties are eligible for 100%
fee credit on the annual stormwater service fee as long as these conditions
continue.
2. If a residential (dwelling) or commercial structure lies within a sub-basin area
that drains to a lake, pond and/or depressed feature, which does not contribute
runoff to the Boxelder Basin during a 100 year storm, the sub-basin shall be
considered to be a non-tributary sub-basin and the individual property
containing the residence (dwelling) or commercial structure is eligible for 100%
fee credit on the annual stormwater service'fee as Long as the conditions do not
change. The criteria for the Authority's determination of such a sub-basin area
being a non-tributary sub-basin is set forth on Exhibit A attached hereto and
incorporated herein by reference.
(c) If the Service Area boundary intersects any portion of a residential (dwelling)
structure, then the property upon which the residence is located shall be assessed 50%
of the annual stormwater service fee.
(d) All fee credits shall be given on a calendar year basis. The Authority shall provide
each individual Member with.the 100% fee credit and 50% assessed properties located
within each Member's jurisdiction for the purpose of allowing the Member to calculate
credits for any properties entitled to fee credits.
2. The IGA shall be amended by the addition of the following two Articles:
ARTICLE IX
EAST SIDE DETENTION FACILITY/GRAY LAKES AND LARIMER/WELD COUNTY
CANAL CROSSING STRUCTURE PROJECTS FUNDING.
Section 9.01 The Members hereby agree to authorize the Authority to apply for and
receive a loan from the Colorado Water Conservation Board for the design and construction of
the Projects upon the following terms and conditions:
(a) The amount of the loan from the CWCB shall not exceed the principal sum of$9
million.
(b) The Authority shall be responsible for the local match which is 10% of the
principal sum of the loan. The 25% TDA reimbursement shall be part of the local match.
(c) The term of the loan shall not exceed fifteen (15) years.
(d) The interest rate on the loan shall not exceed 2.75% APR.
(e) The Members shall provide any documentation or authority required by the
CWCB of the Members for the Authority to obtain and this loan.
ARTICLE X
TERMINATION OF STORMWATER FEES AND CHARGES
Section 10.01 The Members agree that the Authority shall terminate collection of
stormwater fees and charges twenty years after the effective date of this Amendment provided
there is agreement among the Members with regard to any continued obligation of the Authority
which extends beyond such termination for operation and maintenance responsibilities for the
Coal Creek Flood Mitigation, the East Side Detention Facility/Gray Lakes, and Larimer/Weld
County Canal Crossing Structure projects, OR upon the occurrence of all of the following
contingencies (a) through (e), whichever first occurs.
(a) Completion of the East Side Detention Facility/Gray Lakes and Larimer/Weld
County Canal Crossing Structure projects.
(b) Payment in full of the loan from the CWCB and any other obligations of the
Authority.
(c) Agreement among the Members with regard to any continued obligation of the
Authority which extends beyond the termination of collection of fees and charges by the
Authority including, but not limited to, operation and maintenance responsibilities for the Coal
Creek Flood Mitigation, the East Side Detention Facility/Gray Lakes, and Larimer/Weld County
Canal Crossing Structure projects.
(d) Agreement among the Members as to payment of any Authority obligation to the
Members for matching funds of the Members for the FEMA Pre-Disaster Mitigation Grant in the
approximate amount of one million dollars ($1,000,000).
(e) Agreement among the Members as to the disbursement of any revenues of the
Authority which remain after the Authority has finalized all of the administrative and
organizational requirements necessary to terminate collection of fees and charges by the
Authority including, but not limited to, any required budgets, audits, and filings with any state or
federal authority.
3. This Amendment shall be effective upon the execution of the First Amendment by
all of the Members.
BOARD OF COUNTY COMMISSIONERS
OF LARIMER COUNTY, COLORADO
By:
Chair
ATTEST:
Deputy Clerk to the Board
Date:
Approved as to form:
County Attorney
THE CITY OF FORT COLLINS, COLROADO
A Municipal Corporation
By:
Mayor
ATTEST:
City Clerk
Date:
Approved as to form:
City Attorney
THE TOWN OF WELLINGTON, COLOOADO
A Statutory Municipality
By:
Mayor
ATTEST:
Town Clerk
Date:
Approved as to form:
Town Attorney
EXHIBIT A
Policy for Non-Tributary Sub-Basin:
If a residential (dwelling) or commercial structure lies within a Sub-Basin area that drains to a
lake, pond and/or a depressed feature that can be shown to not contribute runoff to the Boxelder
Basin during a 100-year storm, then the Sub-Basin will be considered to be a Non-Tributary Sub-
Basin and the owner of the residential (dwelling) or commercial structure will be given a 100%
fee credit on the annual stormwater service fee as long as the conditions don't change.
Option A: The following method can be used to determine if the Sub-Basin area in question is a
Non-Tributary Sub-Basin:
Step 1: Determine the entire drainage area for the basin, using the best available
topographic data.
Step 2: Determine the percent impervious area for the entire drainage area based on best
available aerial imagery. Using Table RO-5 in Volume 1 of the Urban Storm Drainage
Criteria Manual determine the associated `C' value for Type C and D soils (Table
attached).
Step 3: Using the Rational Method Formula: Q=ciA Determine the volume of runoff for
the closed basin area assuming a 2-hour design storm with a total depth of 3.67 inches.
Multiply the volume by 2 to account for prior rainfall events.
Step 4: Determine the volume of storage available within the pond, lake or depressed
area being sure to account for the normal water surface elevation if there is one.
Step 5: Compare the volume of runoff with the volume of storage available. If the
volume of runoff is less than the volume of storage then the basin is a Non-Tributary
Sub-Basin.
Option B: The property owner can hire an engineer to prepare a ModS WMM computer model of
the basin and storage area and prove through modeling that the basin is Non-Tributary.
The Authority may require a property receiving a fee credit draining to a Non-Tributary Sub-
Basin to provide a legal easement which permanently dedicates the available storage volume for
stormwater management purposes.