HomeMy WebLinkAbout1997-027-03/04/1997-AUTHORIZING THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH LARIMER COUNTY REGARDING STO ♦V •
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RESOLUTION 97-27
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL
AGREEMENT WITH LARIMER COUNTY REGARDING STORMWATER
MANAGEMENT MATTERS IN THE DRY CREEK
AND WEST VINE STORM DRAINAGE BASINS
WHEREAS, recent growth in the Fort Collins Urban Growth Area suggests that increased
coordination and cooperation between the City of Fort Collins ("the City')and Larimer County("the
County') may result in better management,problem resolution, design, construction,maintenance and
joint financing of stormwater facilities in the Dry Creek and West Vines storm drainage basins; and
WHEREAS, the City and the County desire to enter into an Intergovernmental Agreement in
order to delineate the duties and responsibilities of each party with respect to such stormwater
management activities; and
WHEREAS, C.R.S. Section 29-1-203 authorizes the City and the County to cooperate and
contract with one another to provide any function,service or facility lawfully authorized to each of them,
which cooperation may include the sharing of costs and the incurring of debt; and
WHEREAS, C.R.S. Section 30-20-402(1)(h) authorizes the County to enter into and perform
contracts with the City for or concerning the planning,construction, lease or other acquisition,and the
financing of stormwater facilities and the maintenance and operation thereof;and
WHEREAS, Article H, Section 16 of the City Charter provides that the Council may enter into
agreements with other governmental bodies for the performance of cooperative or joint activities; and
WHEREAS,to delineate the respective responsibilities of the City and the County relating to the
proposed cooperation concerning stormwater drainage management matters in the Dry Creek and West
Vines storm drainage basins, City and County staff have jointly prepared the Intergovernmental
Agreement for Stormwater Cooperation attached hereto as Exhibit"A",and incorporated herein by this
reference("the IGA'); and
WHEREAS, the Council of the City of Fort Collins has determined that it is in the best
interest of the citizens of the City to enter into the IGA; and
WHEREAS, the City's Water Utilities Board discussed the IGA at its February 20, 1997
meeting and passed a motion recommending favorable consideration of the IGA by the Council.
NOW,THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS,that the Mayor be, and hereby is, authorized to enter into the IGA on behalf of the City.
Passed and adopted at a regular meeting of the Council o Collins held thi day of
March, A.D. 1997.
Mayor
ATTEST:
City Clerk
INTERGOVERNMENTAL AGREEMENT
FOR STORMWATER COOPERATION
(LARIMER COUNTY- CITY OF FORT COLLINS)
THIS AGREEMENT is entered into this day of 199_, by and
between THE BOARD OF COMMISSIONERS OF LARIMER COUNTY, COLORADO ("the
County") and THE CITY OF FORT COLLINS, COLORADO, a municipal corporation ("the
City„).
WITNESSETH:
WHEREAS, recent growth in the Fort Collins Urban Growth Area ("the UGA")
suggests that increased coordination and cooperation between the City and County may result
in better management, problem resolution, design, construction, maintenance and joint
financing of stormwater facilities; and
WHEREAS, the City has established and currently operates its own stormwater utility
and its own stormwater utility enterprise (hereinafter referred to jointly as the "City Stormwater
Utility Enterprise") to provide and finance stormwater services within the City; and
WHEREAS, the County does not currently have a stormwater utility or a stormwater
utility enterprise but is authorized to establish and operate them pursuant to C.R.S. §30-20-401
et seo. and §37-45.1-101 et sea., respectively; and
WHEREAS, while the County does not currently have a stormwater utility or a
stormwater utility enterprise, it has in the past, under Part 6 of Article 20 of Title 30 of the
Colorado Revised Statutes, formed local improvement districts for the purpose of financing
stormwater drainage flooding problems and improvements in certain unincorporated areas of
Latimer County; and
WHEREAS, a basin master plan has been adopted by the City and the County for the
Dry Creek Basin titled "Dry Creek Drainageway Planning" dated January 1980 prepared by
Gingery Associates, Inc.; and
WHEREAS, a basin master plan has been adopted by the City and the County for the
West Vine Basin titled "West Vine Drainage Basin Major Drainageway Plan"dated December
1980 prepared by Engineering Professionals, Inc.; and
WHEREAS, recent engineering studies have demonstrated that constructing stormwater
diversion facilities within the Dry Creek Basin to divert stormwater would reduce the threat of
floods for approximately 1,000 acres in the Dry Creek Basin, which acres are located in
northern portions of the UGA in unincorporated Larimer County and northeast Fort Collins,
and
WHEREAS, the approximately 1,000 acres is located in the Dry Creek Floodplain as
designated in the Flood Insurance Study prepared by the Federal Emergency Management
Agency for the County and the City, which Study is dated March 18, 1996, and
WHEREAS, the elimination of such flood hazards, as well as the resulting relaxation
of associated land use restrictions, would alleviate some of the financial hardships associated
with developing those properties that are now located within the Dry Creek Basin; and
WHEREAS, it appears that financing the construction of the needed stormwater
diversion facilities for the Dry Creek Basin is best accomplished by the County forming a local
improvement district under Part 6 of Article 20 of Title 30 of the Colorado Revised Statutes
to include those properties located within the Dry Creek foodplain; and
WHEREAS, recent engineering studies have also shown that improved stormwater
drainage facilities are needed for the West Vine Basin (located in the northwest portion of the
UGA) in order to remedy existing and to prevent future stormwater drainage and flooding
problems; and
WHEREAS, the City currently charges a stormwater basin fee as a condition of
issuance of a building permit, or if no building permit is required, upon commencement of
construction for new development on those properties located within the City within the West
Vine Basin; and
WHEREAS, the County currently charges a stormwater impact fee at the time building
permits are issued for new development on those properties located in the unincorporated areas
of the County within the West Vine Basin; and
WHEREAS, it appears that the financing, construction, maintenance and operation of
the needed stormwater facilities in the West Vine Basin and financing, maintenance and
operation of the needed stormwater facilities in the Dry Creek Basin are best accomplished by
the County forming its own stormwater utility and its own stormwater utility enterprise
(hereinafter referred to jointly as the "County Stormwater Utility Enterprise")that would work
cooperatively with the City Stormwater Utility Enterprise; and
WHEREAS, not only will the County Stormwater Utility Enterprise be beneficial for
the West Vine and Dry Creek Basins, but there are other stormwater basins in the County that
are in need of improved stormwater drainage facilities which could be benefited by the
formation of the County Stormwater Utility Enterprise; and
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WHEREAS, construction, operation and maintenance of said additional stormwater
facilities for the Dry Creek and West Vine Basins are necessary and beneficial to the public's
health, safety and welfare; and
WHEREAS, the City and the County desire to enter into this Intergovernmental
Agreement in order to delineate the duties and responsibilities of each party with respect to the
proposed stormwater improvements for the Dry Creek and West Vine Basins; and
WHEREAS, C.R.S. §29-1-203 authorizes the City and the County to cooperate and
contract with one another to provide any function, service or facility lawfully authorized to
each of them, which cooperation may include the sharing of costs and the incurring of debt,
and
WHEREAS, C.R.S. $30-20-402(1)(h) authorizes the County to enter into and perform
contracts with the City for or concerning the planning, construction, lease or other acquisition
and the financing of stormwater facilities and the maintenance and operation thereof.
NOW, THEREFORE, in consideration of the mutual covenants contained herein and
other good and valuable consideration, the receipt and adequacy of which are hereby
acknowledged, the parties hereto agree as follows:
1. Description of the Da Creek Basin Stormwater Proiect. The contemplated
improvements under this Agreement for the Dry Creek Basin may include, without limitation,
the following: open channel, irrigation canal overflow or spill structure; diversion or
confinement berms; utility relocations; road and railroad crossing structures, water quality
enhancement features; and landscaping of the disturbed area ("the Dry Creek Project").
2. Description of the West Vine Basin Stormwater Project. The contemplated
improvements under this Agreement for the West Vine Basin may include, without limitation,
the following:detention or retention areas, swales,channels;bridges; ditch and road crossings;
water quality enhancement features, and landscaping of disturbed areas ("the West Vine
Project").
3. The Coun , 's Responsibilities. The County shall have the responsibility to do
the following:
A. Take all steps necessary to consider the establishment of a local improvement
district, as authorized in Part 6 of Article 20 of Title 30 of the Colorado Revised
Statutes,for the purpose of implementing and completing the Dry Creek Project.
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B. If the local improvement district for the Dry Creek Project is so created, take all
steps necessary to hold an election to seek voter approval to incur the bonded
indebtedness payable from special assessments necessary to finance the Dry
Creek Project.
C. Take all steps necessary to establish the County Stormwater Utility Enterprise
as authorized by C.R.S. §30-20-401 et seo. and §37-45.1-101 et sea. for the
purpose of implementing, completing, operating, maintaining and financing the
West Vine Project if it is determined that the formation of the County
Stormwater Utility Enterprise is desirable after holding such public meetings as
the County shall determine appropriate.
D. Take all steps necessary to establish the County Stormwater Utility Enterprise
as authorized by C.R.S. §30-20-401 et seo. and §37-45.1-101 et seo. for the
purpose of operating, maintaining and financing the Dry Creek Project if it is
determined that the formation of the County Stormwater Utility Enterprise is
desirable after holding such public meetings as the County shall determine
appropriate-
E. Adopt a revised Master Plan for the West Vine Basin and authorize the
collection of stormwater utility fees by the County Stormwater Utility Enterprise
to fund the County Stormwater Utility Enterprise's share of the costs of
construction of the West Vine Project and to fund the County Stormwater Utility
Enterprise's share of the costs to maintain and operate the stormwater
improvements so constructed in the West Vine Project. Such fees shall be
collected for the County Stormwater Utility Enterprise by the City pursuant to
paragraph 4.A., and the City shall retain from such fees its reasonable costs in
collecting such fees. The specific collection services to be provided by the City
and the City's specific costs associated with providing such services must be
agreed to by the parties before the City begins providing such services.
F. Since the City Stormwater Utility Enterprise will be maintaining and operating,
in accordance with paragraph 4.H., the stormwater improvements of the West
Vine Project that will be located in unincorporated Latimer County, as well as
the stormwater facilities of the West Vine Basin that are now located in
unincorporated Latimer County, the County Stormwater Utility Enterprise shall
pay to the City Stormwater Utility Enterprise the County Stormwater Utility
Enterprise's share of the costs and expenses to so maintain and operate such
improvements and facilities pursuant to the formula set forth in paragraph 4.H.
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G. Since the City Stormwater Utility Enterprise will be maintaining and operating,
in accordance with paragraph 4.G., the stormwater improvements of the Dry
Creek Project that will be located in unincorporated Latimer County, the County
Stormwater Utility Enterprise shall pay to the City Stormwater Utility Enterprise
the County Stormwater Utility Enterprise's share of the costs and expenses to
so maintain and operate such improvements pursuant to the formula set forth
in paragraph 4.G.
H. Since the City Stormwater Utility Enterprise will be designing and constructing
the West Vine Project stormwater improvements in accordance with paragraph
4.D., and purchasing or condemning interests in real estate necessary for such
construction in accordance with paragraph 4.F., the County Stormwater Utility
Enterprise shall pay to the City Stormwater Utility Enterprise the County
Stormwater Utility Enterprise's share of such design, construction,purchase and
condemnation costs pursuant to the formula set forth in paragraph 4.D.
L Provide, or contract for, all preliminary and final engineering services necessary
for the design and construction of the Dry Creek Project improvements.
J. Negotiate and purchase, or condemn, all interests in real property needed for
the Dry Creek Project.
K. Take all steps and perform all functions necessary to contract for the
construction of the improvements for the Dry Creek Project.
L. Review and have the right to approve or disapprove all preliminary and final
engineering studies prepared by the City for the West Vine Project.
4. The City's Responsibilities. The City shall have the responsibility to do the
following.
A. As part of its regular collection of water and sewer utility fees from those
customers located in the unincorporated areas of Latimer County in the West
Vine Basin, the City shall collect the stormwater utility fees of the County from
such customers for the construction, maintenance and operation of the
stormwater improvements of the West Vine Project and for the maintenance and
operation of stormwater facilities now existing in this area. The City shall remit
such fees actually collected to the County on a monthly basis less the City's
reasonable collection costs as provided for in paragraph 3.E. The City shall
also provide, on a monthly basis, a statement of all County stormwater utility
fees charged, the City's collection costs and all unpaid County stormwater utility
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fees. The format of such statement shall be agreed upon by the parties before
the City provides such collection services.
B. Review and have the right to approve or disapprove all preliminary and final
engineering studies prepared by the County for the Dry Creek Project.
C. Provide, or contract for, all preliminary and final engineering services necessary
for the design and construction of the West Vine Project improvements.
D. Take all steps and perform all functions necessary to contract for the design and
construction of the improvements of the West Vine Project. However, the
County Stormwater Utility Enterprise shall reimburse the City for a percentage
of the costs of such design and construction, which percentage shall be
calculated by dividing the amount of stormwater utility capital improvement fees
charged by the County for the West Vine Project and the amount of stormwater
impact fees (or basin fees) collected by the County for the West Vine Project by
the total amount of stormwater utility capital improvement fees charged and the
total amount of stormwater impact fees and/or basin fees collected by both
parties for the West Vine Project. Pursuant to paragraph 7.D., each party is to
apply the same rate structure in charging stormwater utility capital improvement
fees and stormwater impact fees and/or basin fees.
Example:
County Stormwater City Stormwater
Utility Enterprise Utility Enterprise TOTAL
Stormwater utility capital improvement fees $10,000 $25,000 $35,000
actually charged
Stormwater impact fees or basin fee 5 000 $20.000 25 000
actually collected
TOTAL $15,000 $45,000 $60,000
• County Stormwater Utility Enterprise percentage share of costs:
15,000 = 60,000 = 25%
City Stormwater Utility Enterprise percentage share of costs:
45,000 + 60,000 = 75%
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E. Sequence the design and construction of the improvements in the West Vine
Project in such a way as to achieve an equitable balance of benefits to the area
located within the unincorporated area of the County and the area located
within the City, taking into account the revenues generated from the
unincorporated area of the County relative to the revenues generated from the
area located in the City, the level of risk to property owners, the potential to
integrate with other projects, the current level of maintenance costs, the
resolution of flooding problems while preventing future or more severe problems
from arising, the availability of funds, the number of complaints from a
particular problem area, the complexity of an improvement project and the risk
of damage to public resources.
F. Negotiate and purchase, or condemn, all interests in real property needed for
the construction of the improvements of the West Vine Project. However, the
County Stormwater Utility Enterprise shall reimburse the City for a percentage
of its costs in accordance with the formula set forth in paragraph 4.D. In the
event that any interest in real property needed for the construction of the
improvements of the West Vine Project is located outside the City and the City
is without legal authority to condemn such property, the City may request the
County to use the County's condemnation power to acquire it. In the event the
County decides to so exercise its power of condemnation to acquire the needed
property, the City Stormwater Utility Enterprise shall reimburse the County for
a percentage of the County's costs in accordance with the formula set forth in
paragraph 4.D.
G. Provide for all maintenance and operation of the improvements of the Dry
Creek Project. However, the County Stormwater Utility Enterprise shall
reimburse the City for a percentage of the costs of all such maintenance and
operation of the Dry Creek Project improvements, which percentage shall be
calculated by dividing the amount of stormwater utility operation and
maintenance fees charged by the County for the Dry Creek Project by the total
amount of stormwater utility operation and maintenance fees charged by both
parties for the Dry Creek Project.
H. Provide for all maintenance and operation of the improvements of the West Vine
Project. However, the County Stormwater Utility Enterprise shall reimburse the
City for a percentage of the costs of all such maintenance and operation of the
West Vine Project improvements, which percentage shall be calculated by
dividing the amount of stormwater utility operation and maintenance fees
charged by the County for the West Vine Project by the total amount of
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stormwater utility operation and maintenance fees charged by both parties for
the West Vine Project.
S. Project Engineer. The City Stormwater Utility Enterprise and County
Stormwater Utility Enterprise agree to each be responsible for one-half(%) of the County's
costs to hire an employee as a project engineer to work exclusively on the Dry Creek and the
West Vine Projects. These costs shall include the project engineer's salary, all other employee
benefits customarily provided by the County to such an employee, and the County's direct
overhead expenses, including but not limited to, rental or building expense, utilities,
equipment, supplies, training, auditing and accounting expenses, to so employ the project
engineer. The project engineer shall maintain his or her office in the Latimer County
Engineering Department. The County shall require the project engineer to keep records of the
engineer's time spent on each of the Projects. The City Stormwater Utility Enterprise shall
reimburse the County Stormwater Utility Enterprise its one-half (%) share of the project
engineer's salary, benefits and direct overhead expenses on a quarterly basis upon receipt of
an itemized billing by the County. The duties of the project engineer shall include, without
limitation, the following:
A. Compile a detailed listing of all properties and property owners that will be
located within the local improvement district established for the Dry Creek
Project and that will be benefited by the West Vine Project,
B. Create and implement a public education and outreach program for both
Projects in order to provide information to affected property owners; and
C. Prepare budgets, work schedules and perform such other responsibilities and
duties necessary to implement and complete the Dry Creek and West Vine
Projects.
The project engineer position shall not continue beyond December 31, 1997, unless both
parties agree to continue the position and enter into a written agreement setting forth how the
costs are to be shared.
6. Timetable. The parties agree to exercise due diligence in performing their
responsibilities under this Agreement. Provided, however, the parties agree that the project
engineer shall be directed to prepare a work schedule setting forth the priorities and timetable
for the commencement, implementation and completion of the Dry Creek and West Vine
Projects. The City and the County must agree upon such work schedule on or before April 30,
1997. In the event the City and the County do not so agree, this Agreement shall be
automatically terminated and both parties shall be released from all obligations hereunder.
The parties agree that the timetable may be amended upon written agreement between the
Manager of the City Stormwater Utility Enterprise and the County's Storm Drainage Engineer.
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7. Financial Administration.
A. Dry Creek Proiect. The Dry Creek Project, which will be implemented through
the use of a local improvement district, shall be financially administered by the County just
as any other local improvement district would be administered. In the event the Dry Creek
local improvement district for any reason fails to issue bonds for the Dry Creek Project, all
out-of-pocket expenses incurred by the County, including but not limited to, legal,
administrative, publication,printing, postage, advertising and preliminary engineering design
costs shall be paid from the County's Special Improvement District Fund, and the City
Stormwater Utility Enterprise shall reimburse the County for one-half(ii) of such expenses,
less one-half (34) of any out-of-pocket costs the City Stormwater Utility Enterprise incurred
directly in the start-up of the Dry Creek local improvement district.
With regard to operation and maintenance, the Dry Creek Project shall be administered
financially by the City just as it administers other drainage basins within the City of Fort
Collins. However, the City shall submit an itemized billing to the County Stormwater Utility
Enterprise on a quarterly basis for its share of maintenance and operation costs. Each party
shall maintain a separate accounting for its share of the Dry Creek Project. Each party shall
separately report its revenues, expenditures and share of constructed assets if appropriate.
B. West Vine Project. The West Vine Project shall be administered financially by
the City just as it administers other drainage basins within the City of Fort Collins. However,
the City shall submit an itemized billing to the County Stormwater Utility Enterprise on a
monthly basis for its share of construction expenses and on a quarterly basis for its share of
maintenance and operation expenses. Each party shall maintain a separate accounting for its
share of the West Vine Project. Each party shall separately report its revenue, expenditures
and share of constructed assets, if appropriate.
C. Report Review by County. The County Public Works Department shall be
responsible for reviewing and approving fee collection and expenditure reports received from
the City, preparing and collecting billings made to the City Stormwater Utility Enterprise and
preparing and collecting billings made to property owners, except as otherwise set forth in this
Agreement,provided, however that the costs associated with such activities shall be an expense
of the County Stormwater Utility Enterprise.
D. Stormwater Utili, Fees. The (i) stormwater utility capital improvement fees set
by the City and County for the construction of improvements for the West Vine Drainage
Basin, (1i) the stormwater impact fees set by the County and the stormwater basin fees set by
the City for the construction of improvements for the West Vine Drainage Basin and (iii) the
stormwater utility operation and maintenance fees set by the City and County for the operation
and maintenance of the West Vine Drainage Basin improvements and the Dry Creek Drainage
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Basin improvements shall utilize the same rate structure, and the parties agree to confer and
cooperate with one another to accomplish this. The County may choose to convert its
stormwater impact fee to a stormwater basin fee.
8. Payment Obligation Limited to Stormwater Utility Fees. The County agrees to
use its best efforts to establish stormwater utility fees in an amount sufficient to fund its own
costs and to meet the obligations of the County Stormwater Utility Enterprise to reimburse the
City for construction, operation and maintenance costs and to pay the City the costs to bill and
collect the County stormwater utility fees. The parties agree, however, that the obligations of
the County Stormwater Utility Enterprise hereunder are limited to the funds generated by
County stormwater utility fees imposed for the respective Projects and stormwater impact fees
for the West Vine Project after deducting the County's expenses relative to the County
Stormwater Utility Enterprise; and shall not be payable from general funds of the County
unless the County subsequently decides otherwise and may do so without unnecessarily
jeopardizing the qualification of the County Stormwater Utility Enterprise as an enterprise.
9. Notice. Any notice or other communication given by any party hereto to the
other party relating to this Agreement shall be hand-delivered or sent by certified mail, return
receipt requested, addressed to the other party at their respective addresses as set forth below;
and such notice or other communication shall be deemed given when so hand-delivered or
three (3) days after so mailed.
If to the City: With a copy to:
Water Utilities General Manager City Attorney
City of Fort Collins City Attorney's Office
P.O. Box 580 300 LaPorte Avenue
Fort Collins, CO 80522 P.O. Box 580
Fort Collins, CO 80522
If to the County: With a copy to:
Rex Burns Marla Hehn
Latimer County Latimer County Attorney's Office
Storm Drainage Engineer 215 West Oak, 9th Floor
P.O. Box 1190 P.O. Box 1606
Fort Collins, CO 80522 Fort Collins, CO 80522
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10. Annexation and Conveyance of Stormwater Utility Improvements.
A. West Vine Project. In the event that any parcel of real property currently
located in unincorporated Lorimer County and in the West Vine Project Basin is annexed into
the City, any stormwater utility improvements located on such property will become owned and
taken over in every respect by the City upon annexation.
B. Dry Creek Project. Upon completion of the construction of all stormwater utility
improvements for the Dry Creek Project, all such improvements shall be conveyed to the City
and will become owned and taken over in every respect by the City, except the County
Stormwater Utility Enterprise shall remain obligated for its share of the operation and
maintenance costs as set forth in paragraph 3.G. in order to carry out the intent of this
Agreement.
11. Contingencies.
A. In the event the local improvement district described in paragraph 3.A. is not
established within the timetable established pursuant to paragraph 6, but the County
Stormwater Utility Enterprise described in paragraph 3.C. is established within the timetable
established pursuant to paragraph 6, the provisions of the Agreement relating to the Dry Creek
Project shall terminate and the remainder of the Agreement as it relates to the West Vine
Project shall remain in full force and effect.
In the event the County Stormwater Utility Enterprise described in paragraph 3.C. is
not established within the timetable established pursuant to paragraph 6, but the local
improvement district described in paragraph 3.A. and the County Stormwater Utility Enterprise
described in paragraph 3.1), are established and the bonded indebtedness described in
paragraph 3.B. is approved within the timetable established pursuant to paragraph 6, the
provisions of this Agreement relating to the West Vine Project shall terminate and the
remainder of the Agreement as it relates to the Dry Creek Project shall remain in full force
and effect.
In the event the County Stormwater Utility Enterprise described in paragraph 3.C. and
the local improvement district described in paragraph 3.A. are established and the bonded
indebtedness described in paragraph 3.B. is approved within the timetable established pursuant
to paragraph 6, but the County Stormwater Utility Enterprise described in paragraph 3.D. is
not established within the timetable set forth in paragraph 6, the provisions of this Agreement
as it relates to the West Vine Project shall remain in full force and effect, but the provisions
of this Agreement relating to the Dry Creek Project may be terminated at the County's option.
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In the event the local improvement district described in paragraph 3.A. is not
established or the bonded indebtedness described in paragraph 3.B. is not approved and the
County Stormwater Utility Enterprise described in paragraph 3.C. is not established within the
timetable established pursuant to paragraph 6, this Agreement shall automatically terminate.
B. The City agrees to consider adoption of an ordinance and/or to consider taking
such other actions as may be required by law to consent to the construction of the Dry Creek
Project stormwater improvements within the boundaries of the City, their inclusion in the
proposed Dry Creek local improvement district and the inclusion in the proposed Dry Creek
local improvement district of properties located within the boundaries of the City which are
benefited by such improvements and the assessment of such properties by the County as
required by C.R.S. §30-20-603(l)(a). In the event the City fails to adopt such an ordinance
and/or take such other action as may be required by law within the timetable established
pursuant to paragraph 6, the provisions of this Agreement relating to the Dry Creek Project
shall terminate and the remainder of the Agreement as it relates to the West Vine Project shall
remain in full force and effect.
C. At the option of the party entitled to receive a payment hereunder, such payment
may become the obligation of the City or the County rather than of their respective Stormwater
Utility Enterprises. In such case, this Agreement is also hereby made expressly contingent
upon the respective governing bodies of the County and City appropriating any funds necessary
for the implementation and completion of the purposes of this Agreement.
12. Miscellaneous.
A. This Agreement shall be binding upon and inure to the benefit of the parties
hereto (including their respective Stormwater Utility Enterprises) and their
respective successors and assigns.
B. This Agreement is made in and shall be construed and interpreted in accordance
with the laws of the State of Colorado.
C. This Agreement shall not be assigned by either of the parties hereto without the
prior written consent of the other party.
D. The paragraph headings used herein are for convenience of reference and in no
way shall define, limit or prescribe the scope or intent of any provision under
this Agreement.
E. This Agreement shall be construed according to its fair meaning and as if
prepared by both parties hereto and shall be deemed to be and contain the entire
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understanding and agreement between the parties with respect to the subject
matter of this Agreement. There shall be deemed to be no other terms,
conditions, promises, understandings, statements or representations, either
expressed or implied, concerning this Agreement unless as set forth in any
subsequent writing signed by both of the parties hereto.
F. The parties agree to cooperate in good faith in fulfilling the terms of this
Agreement. The parties agree that they will attempt to resolve, by good faith
negotiations before reverting to litigation, any disputes concerning the
interpretation of this Agreement and any unforeseen questions and difficulties
which may arise in implementing this Agreement. Notwithstanding the
foregoing, the County shall be primarily responsible for resolving issues related
to the Dry Creek Project and the City shall be primarily responsible for resolving
issues related to the West Vine Project.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
date and year first above written.
LARIMER COUNTY BOARD OF COUNTY
COMMISSIONERS
By:
Chair
ATTEST.•
Deputy Clerk
APPROVED AS TO FORM:
vy\-'ktD K �J 2- 2S-17
Assistant County Attorney
THE CITY OF FORT COLLINS, COLORADO,
A Municipal Corporation
By:
Mayor
ATTEST:
City Clerk
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APPROVED AS TO FORM.•
Assistant City Attorney
PAYMENT OBLIGATION ASSUMED.
CITY OF FORT COLLINS, COLORADO
STORMWA TER UTILITY ENTERPRISE
By:
President
ATTEST.
Secretary
PAYMENT OBLIGATION ASSUMED:
LARIMER COUNTY STORMWATER
UTILITY ENTERPRISE
By:
President
ATTEST•
Secretary
*The parties understand and agree that the payment obligation cannot be assumed until such
time as the County has established its Stormwater Utility Enterprise. The assumption of
payment obligation will be executed promptly after the County Stormwater Utility Enterprise
is established, provided it is so established.
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